INTRODUCTION
Some may decide, in their analysis, to pontificate and talk politics, sentiments, emotions, ethics, and morality. In my humble opinion, pulpits, religious houses, or even shrines are more appropriate places for such ineffectual liberal disquisitions and moral platitudes.
In a recent turn of events in Ilorin Kwara State, Nigeria, the spotlight has fallen on Senator Saliu Mustapha, a prominent and well-respected politician in the state, who sent congratulatory messages to graduates of the University of Ilorin in the just concluded 37th and 38th convocation ceremony. While the intention behind these messages is not mala fide, a slew of questions have emerged, raising concerns about privacy rights and legal boundaries.
This piece shall address the legal implication of Senator Saliu Mustapha congratulatory messages to UNILORITES.
It is important to bear in mind that the purpose of this article is purely and solely for educational purpose. This writer is not a politician but an individual who is interested in creating awareness about data privacy rights.
2.0: LEGAL ISSUES-UNAUTHORIZED ACCESS TO GRADUATES’ PERSONAL INFORMATION
How did Senator Saliu Mustapha and his media teams obtained the mobile numbers of over 25,000 graduands of University of Ilorin? This raises legal concerns regarding the privacy of students’ data. Accessing such extensive personal data without explicit consent poses a serious legal dilemma.
A dispassionate examination of the relevant data privacy and protection laws in Nigeria shows that the legality of sharing students’ private information without their consent amounts to a violation of their right to privacy. Personal mobile numbers are protected under the right to privacy, a fundamental right enshrined in Section 37 of the constitution. The act of distributing this information without the consent of the recipents, constitutes a violation of this constitutional right.
3.0: WHETHER THE DEFENSE OF GOOD INTENTION CAN EXONERATE AN INDIVIDUAL WHO SHARED AND ACCESSED PERSONAL INFORMATION OF STUDENTS WITHOUT THEIR CONSENT.
While a congratulatory gesture may seem innocent, the violation of privacy rights cannot be overlooked. Section 37 of the 1999 constitution exists precisely to prevent such unwarranted intrusions into citizens’ private lives. In this case, the intention, albeit well-meaning, does not absolve the breach of privacy.
In an age where personal information is increasingly vulnerable, protecting individuals’ right to privacy becomes paramount. Data privacy is not merely a luxury but a fundamental right that must be respected and protected.
4.0: LEGAL RECOURSE
The sender of such messages and the individuals or bodies who shared mobile numbers of students without their consent may find themselves in legally precarious positions. Sharing personal contact details without consent could potentially lead to legal consequences. Graduates, whose privacy rights have been violated, might consider legal avenues to seek redress. Initiating legal action could not only hold the responsible parties accountable but also set a precedent for respecting citizens’ privacy rights.
5.0: CONCLUSION
In conclusion, regardless of the good intention behind Senator Mustapha’s congratulatory messages. The strict interpretation of the Law reveals that sharing, distributing and accessing personal and private information of people without their consent is a violation of the law.
The position would have been different if the congratulatory message emanated directly from the University of Ilorin media team. Why? The University of Ilorin is the only authority that has such right to use the mobile numbers of students to communicate with them. The student themselves have willingly submitted their mobile numbers to the school authority. It is also important to note that as a matter of Law, the institution lacks legal authority to share the information of students with a third party except if same is for academic purposes and it is extremely necessary.
This, again, is a reminder of the utmost need to uphold the right to privacy. It is important for individuals, institutions, and lawmakers to respect and protect this fundamental right, ensuring that citizens’ personal data remain private and secure in an increasingly digital world. Failure to do so not only erodes trust but also undermines the very fabric of our democratic society.
