CyberScape Africa Magazine Q2 2019 | Page 38

CYBER SCAPE AFRICA | Q2 2019 Privacy & Protection of data: Too important for Africa In the financial services industry, the foundation of the banking sectors and FinTech companies is trust. The customers trust that their personal information which is of great commercial value in today’s world will be treated with utmost care, although they may not have a clue on what companies may do with it. So, it behooves on FinTech companies to obtain the required consent for the use or storage of customer’s personal data. But such consent should not be irrevocable. Privacy is an inherent fundamental and constitutional right which is also enshrined in the Universal Declaration for Human Rights. It is from this fundamental right; regulations drew data protection and data privacy. The privacy of every individual on earth should be protected at all cost and should not be compromised. Data Protection and Privacy is a cliché. It came into limelight after the data breaches by Facebook and Cambridge Analytica. No company either in the banking industry or the FinTech sector is immune from security gaps. It does not matter if the companies communicate with the customers on how their data are accessed, used, or stored; or if the companies utilize Application Program Interfaces (APIs). Also, it does not matter if there are regulations put in place to protect customers. No measure is 100% safe-proofs. By May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) came into effect and became applicable to corporations processing personal data of European Union (EU) citizens irrespective of whether they are located in Europe or not. In Africa, laws similar to the EU GDPR are the Protection of Personal Information (POPI) Act of South Africa, and in Nigeria, the Nigerian Data Protection Regulation (NDPR) 2019. The debate remains that to avoid vulnerabilities associated with cyber-attacks, and cyber thefts, organizations must stick to a primary policy of “Little is Better”. That is, to hold onto as much little sensitive personal data of its customers as possible, for the shortest time as possible. Compliance to regulations and laws does not protect data either does it protect privacy. In Africa, there is no unified GDPR for African nations. Most nations rely on old, antiquated laws for data protection and privacy. Now, each African nation is faced with its duty to enact data protection and privacy law(s). But, for multi-national organizations in Africa, the battle on whether or not to transfer the personal data of its users across the national boundary is an issue of data sovereignty. Nnubia Ogbuefi Tech Lawyer Data sovereignty is the regulation of data, particularly in electronic form in its country of residence. Thus, for each data protection laws in Africa, there is a principle on data sovereignty and it prevents the transfer of personal data from one country to another. The exception to this rule is compliance with the conditions stipulated in each individual law. The bane of these laws is premised on four crucial measures which all FinTech companies are obligated to comply with. They include Consent, Data breaches, Right to access, and Transparency. 37