Access Now, Paradigm Initiative, and Avocats Sans Frontières France have asked the Nigerian Communications Commission (NCC), to reconsider its directive instructing telecoms companies (telcos) to disconnect millions of Nigerians from mobile phone and internet services under the SIM registration scheme.
The Nigerian telecoms regulator’s order was issued due to individuals’ failure to link their SIM cards to their National Identification Numbers (NIN) and the continuation of biometric SIM registration, the NGOs said in a statement made available to Technology Times.
The NGOs emphasized the serious threat posed to human rights, particularly the right to privacy and free expression, by SIM registration mandates, especially when biometric data is involved. They argued that such mandates have proven ineffective in reducing crime and have created opportunities for identity theft.
“A registered SIM card,” the NGOs said, “gives the ability to access a person’s physical location, data on financial activity, call records and associations, as well as biometric data and personal background data, from a single database. This kind of panoptic surveillance stifles dissent and negatively impacts the protection of people’s privacy online and offline. Safeguarding privacy empowers people to participate in civic space, a necessity for building a strong democracy.”
NGOs on balancing SIM Registration and citizens’ right to privacy
They also argued for individuals’ right to privacy, stating that the government’s directive does not cater to such. “Already, the privacy of millions of people in Nigeria has been put at risk since the government started collecting personal and biometric information for SIM registration more than a decade ago, with millions more at risk of being excluded from many aspects of public life, including access to public services, for failing to provide this information. People in Nigeria should be able to access telecommunication services without having to give up their constitutional right to privacy, and the government must not force citizens to choose one over the other.”
Citing examples from other jurisdictions such as Mexico, where similar mandates have been found ineffective in reducing crime and have instead fostered black markets for identity theft, the NGOs questioned the rationale behind the NCC’s decision to pursue this policy despite warnings from civil societies. Access Now, the joint statement reads, “previously warned that including biometrics in SIM card registries puts users at risk of privacy violations, data breaches, and even identity theft.”
Furthermore, they raise concerns regarding the absence of legal safeguards to protect against abuse. “Since the passage of the Nigerian Data Protection Act in 2023, there has been a lack of alignment between the existing regulations governing SIM card registration and the current data protection framework.”
According to the NGOs, Nigerians rely heavily on mobile phones and SIM cards to participate in society. The disconnection orders are predicted to exclude millions of people from accessing essential services such as education, healthcare, commerce, and public amenities, thereby limiting their access to information and exacerbating inequalities.
Additionally, they flayed the National Identity Number System (NIN) for its inadequacies and challenges in registration and issuance. Vulnerable groups, including “women and girls, the less-educated people, migrants, refugees, asylum seekers, internally displaced persons, people with disabilities, and people living in rural and remote areas…” are the most affected,” according to a statement by the then Director-General, Engr. Aliyu A. Aziz, National Identity Management Commission (NIMC) in 2020.
Finally, they warn against the fertile ground for harmful surveillance and digital authoritarianism created by SIM registration mandates. According to them, mandatory registration undermines online anonymity and stifles freedom of expression, while also exposing individuals to privacy violations and identity theft.
“A registered SIM card,” the NGOs said, “gives the ability to access a person’s physical location, data on financial activity, call records and associations, as well as biometric data and personal background data, from a single database. This kind of panoptic surveillance stifles dissent and negatively impacts the protection of people’s privacy online and offline. Safeguarding privacy empowers people to participate in civic space, a necessity for building a strong democracy.”
The NGO outlines the following recommendations to mitigate these issues:
– The NCC should reverse its latest order and put an end to the collection of biometrics for SIM card registration.
– The NCC and NIMC should offer a viable path for reforming the SIM card registration and Digital ID (NIN) frameworks that place human rights at the center of these intersecting frameworks and reduce undue hardship on Nigerians.
– Telcos should provide more transparency on their processing of biometric data for SIM card registration, including compliance with the Nigerian Data Protection Act 2023.
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