CHIMEREMEZE DAVID NWACHUKWU, LL.B

23rd July, 2023 : 9;16am

Introduction

In our world today, it can be said that we have two lives because we certainly do live two lives, one on earth and the other on the internet, more than 60% of the world’s population has one form of internet profile or another or more than 50% of the same population uses social media and internet services, of that number 30% have more than one internet or social media profile[1]. When we come home to Nigeria, reports show that we have about 122 million active internet users[2]. It is then plausible to ask the question, how are you doing? How is your internet self doing? Is he okay? Is he being disturbed? Do you know about him? While we make sure to check that our rights here on earth are not interfered with, it seems we leave our internet self to harm and very dangerous activities largely because of ignorance to the rights of our internet life, our Digital Rights

What Are Digital Rights?

Digital rights are like a set of rules and protections that ensure your safety and privacy in the online world, just like we have rights to protect us in our everyday lives here in Nigeria. These rights make sure that when you're on the internet, using social media, or doing anything online, your digital self is safe and respected. Think of digital rights as your online superpowers and everyone has them or is entitled to them and they act like a shield and a sword, that help you navigate the internet without getting hurt or feeling unsafe.

Digital Rights is considered a subset of the concept of human rights of persons as they essentially ensure the protection of the rights and responsibilities accrued towards a person. It is important to state here that while concepts like human rights have been clearly defined through the UN Declaration of Human Rights (UDHR), the same cannot be said for the terms “digital”, “internet” or “technology” as the term digital is often confused with online or the internet but not everything digital is always connected to the internet, for example, Biometric data such as facial recognition and fingerprint checking and these items fall under the protection of digital rights, even your phone number unless authorized to be shared falls under the scope of your digital rights and so when the loan companies call you to tell you about a friend of yours who collected a loan, that is a breach of your digital rights and you can enforce claims against them in court upon these rights. Understanding this broad scope empowers individuals to recognize and assert their rights in an increasingly digital world, with the assurance that legal remedies are available for infringements upon these rights. Therefore, simply put, Digital Rights are your access and protection in the Digital World.

What do Digital Rights Entail and How can I recognize them?

While there exists an array of Digital Rights in the country from Privacy to Freedom of Expression to Intellectual Property, Cybersecurity, Data Ownership and Control, etc., we would love to talk about the most important and widely relevant rights under this concept:

Access to the Internet: The most important right in the concept is the right to actually be on or access the Internet as a person, now this does not mean that there are not some websites you cannot access without special authorization because of public safety such as government websites or that are restricted upon payment such streaming apps like Netflix but generally you have a right to access the internet and that is why when the government restricts general internet access in a country, such actions is condemned worldwide as it infringes on the right of the citizens to access information on the internet. A classic example would be the restriction of access to Twitter (Now X) shortly after the widely known End Sars protest in Nigeria in 2020. That action was clearly in violation of the rights of the citizens of Nigeria who voiced out that access to the internet was being restricted and demanded that such access be restored.

Privacy: In practice and because restricted access to the internet is not such a popular phenomenon, this comes in as the most important right in the concept of digital rights in Nigeria. Every day Millions of bytes of data are scraped (stolen) from internet profiles and data and this concern speaks loudly to the need for privacy in the internet space, especially on information that you intend to be online but do not want persons to see on your internet data or profile. A very nice example would be how you can hide your date of birth and your phone number from your Facebook bio, so no one sees or has access to that information, and they only get to see your name. It means that your privacy on such networks is assured. Also, notice that on these social media sites, you can restrict who you want to view your updates and information that you share on your profile, similar to choosing who you invite into your home. Again, this is a strong representation of the enabling of your privacy on these platforms, and it's like having a strong lock on the door of your digital home, preserving your online space's privacy and security. In terms of your general use of the internet, you may have heard something called cookies when you visit a website, and a pop-up comes up with the message – “Would you like to enable cookies? Yes or no”. Cookies are internet bots that read your data and browsing history especially when using a particular website so that such a website can tailor the services and performance of the site to your preference based on your browsing history and previous interaction with such website. It usually requires your permission or you to give consent for websites to be able to do this and this is concerning as some of these sites are known to sell such data to unknown persons putting you at risk.

Security: Now your privacy is closely monitored by a brother concept of privacy which is called security. In the digital realm, security is a vital companion to privacy. While privacy ensures that your personal data remains yours and isn't accessed without your consent, security is the protective barrier that shields your digital profiles and information from unauthorized access or malicious intent. When you navigate the internet, you often create profiles on various platforms, each linked to a unique identifier like your phone number or email address. These profiles hold a wealth of personal information, making it imperative that their security is assured. Just as you lock your front door to protect your home from intruders, securing your digital profiles with robust measures such as passwords, two-factor authentication, and encryption is paramount. Failing to do so leaves your online identity vulnerable to hacking and puts your valuable information and digital presence at risk. Ensuring the security of your online profiles is not merely a matter of convenience; it's a fundamental component of digital rights. Consider your email account, for instance, which often serves as a gateway to many other online services. If it's not properly secured, unauthorized individuals could gain access to your emails, personal conversations, and even sensitive documents. This is akin to someone rifling through your personal letters and documents without your permission. By maintaining robust security measures, such as using strong and unique passwords, regularly updating them, and enabling two-factor authentication, you are effectively locking the door to your digital home, safeguarding your digital self from harm. In Nigeria, just as anywhere else in the world, the consequences of inadequate security can be severe. Hacked profiles can result in identity theft, financial loss, and reputational damage. It's like leaving your physical wallet in a public place, inviting the risk of theft. Beyond personal harm, poor security practices can also have broader implications, as compromised profiles can be used to spread malware, engage in cybercrime, or launch attacks on others. Ensuring the security of your digital profiles is not only about protecting yourself but also about contributing to a safer and more secure online environment for all. It is then invaluable that individuals have the right to their security in the digital space to ensure that they do not fall under such harm.

Who then ensures your digital Rights in Nigeria to make sure you stay protected?

The assurance and protection of your digital rights involves various stakeholders, including individuals, government bodies, organizations, and the technology industry.

First, as an individual, you have a significant role in safeguarding your digital rights. This includes practicing good digital hygiene, using strong passwords, enabling security features, and being cautious about what you share online. Just as you lock your front door when you leave your house, you must take measures to secure your digital presence.

After you have done this, the government gets involved as the government is responsible for creating and enforcing laws and regulations that protect digital rights. They ensure that individuals and organizations respect privacy, intellectual property, and other digital rights. In Nigeria, for example, in Nigeria today, the Constitution in section 37 guarantees the privacy of every Nigerian citizen as a fundamental human right. It provides that " the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected. Guaranteeing the rights of persons. We also have the Nigerian Data Protection Act which sets out practical and governing guidelines for how the data of persons in Nigeria are handled ensuring and expanding the digital rights of Nigerians as concerns the protection of their data and principles to be adhered to when handling the data and information of Nigerians by persons who collect or have platforms that collect such data. It ensures that even when a person gives their data to platforms for registration or identification such data is used for only the purpose for which the data was given and if sold to another person or used in a manner which is not the purpose for which it was given, the persons who collected such data are in breach of the digital rights of the persons who own such data.

We must also address other stakeholders in this section which are the Tech Companies and Service Providers or as the Data Protection Act would like to call them Data Controllers. Technology companies and online service providers are mandated to and owe their customers or visitors (for website-based companies) robust privacy settings, security, and data protection measures and inform their users when the servers or database is compromised, and most importantly are not to not sell the data of their customers or visitors and use only for the purpose by which the data was collected. If these obligations are not carried out effectively, they open themselves to penalties through lawsuits as you, the customers or visitors would be entitled to approach the court to demand that their rights be enforced.

Now that you have an idea of your digital rights in Nigeria, what should you do to protect them and make them live healthy lives?

The first would be to Practice Good Digital Hygiene, just as you take care of your physical health, it's essential to maintain good digital hygiene. This includes using strong and unique passwords for your online accounts, changing them regularly, and avoiding the use of easily guessable passwords like "123456" or "password." Additionally, be cautious about sharing personal information online, and avoid clicking on suspicious links or downloading attachments from unknown sources.

Secondly, familiarize yourself with the privacy settings on social media platforms and online services you use. Ensure that you trust the website and recognize them before enabling cookies on such site, be cautious about the online services you use. Stick to well-known and trusted platforms, especially when sharing personal information. Research the data protection policies of websites and apps to ensure they comply with relevant regulations. When you encounter pop-ups asking for permission to enable cookies, consider the implications. While cookies can enhance your online experience, you have the right to choose whether to allow them. If you're uncomfortable with a particular website's data collection practices, you can decline and try to customize these settings to control who can see your posts and personal information. For instance, on Facebook, you can restrict who can view your updates, ensuring that only your chosen audience can access your content.

Stay Informed and Know your Rights, regularly update yourself about digital rights and online threats. Understand the laws and regulations that protect your rights in Nigeria. Knowledge is a powerful tool for defending your digital rights. Familiarize yourself with your legal rights concerning digital issues. In Nigeria, the Constitution guarantees the right to privacy (Section 37), and the Nigerian Data Protection Act sets guidelines for handling personal data. If you believe your rights are violated, you have the option to seek legal redress.

Empower Yourself with Digital Literacy and Support Digital Rights Advocacy, Develop digital literacy skills that help you navigate the online world safely. Understand how to identify phishing emails, recognize secure websites, and spot potential online threats. Support and engage with digital rights advocacy groups and organizations in Nigeria. They play a critical role in raising awareness and advocating for the protection of digital rights. By supporting their efforts, you contribute to a safer and more secure digital environment for everyone.

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[1]Total Number of active internet users in Nigeria from 2017 to 2023: Statista; https://www.statista.com/statistics/1176087/number-of-internet-users-nigeria/#:~:text=As%20of%20January%202023%2C%20Nigeria,used%20by%20the%20publisher%20change.

[2] Global Social Media Statistics Research Summary: SmartInsights; https://www.smartinsights.com/social-media-marketing/social-media-strategy/new-global-social-media-research/

N/B: Please note that this information is not a comprehensive overview of the topic and would need tailored advice from a legal professional.You may reach out to a qualified legal practitioner close to you.