Chapter 1 gives an overview of the research problem and outlines the parameters and contexts of the research study. Being an introductory chapter, it sets out the background information that will put the research problem in proper perspective. It also sets out the research framework or outline and the methodology that will be used in the research. Finally, it provides brief definitions of the key terms used in the body of the research.
Chapter 2 gives an overview of the convergence of information and communication technologies and their contributions to global commerce. The chapter is premised on the notion that technology has been at the heart of human progress since earliest times and technological advances have driven human development and interaction.
It identifies some of the information and communication technologies that have had an impact on modern societies thereby giving rise to new ways of doing things. It traces the development of the Internet and its impact on commerce as well as some
33 of the issues relating to personal information privacy. The chapter also examines the global trade in information and the recognition of information as a commodity, information goods, trade in services and electronic commerce. Finally, it examines the nexus between globalisation, trans-border flows of information and the privacy concerns they raise.
Chapter 3 gives an introduction to the Nigerian state in the Information Age. The focus of the research being Nigeria, it examines whether the country is plugged into the Information Society and what the state of her infrastructural and regulatory capacities are. The phenomenal increase in telecommunications facilities and telephone density, coupled with the growing resort to online banking and other Internet-based commercial activities call to question the preparedness of the country‘s institutional and regulatory infrastructures to plug into the global networked economy and thus give Nigerians access to the Information Society. A critical assessment is made of the regulatory framework overseeing Nigeria‘s information and communications technology infrastructure and the privacy issues raised by the recent mandatory registration of mobile phone SIM cards in the country.
Chapter 4 explores the theoretical foundations of privacy and their perceptions in Western and African/Nigerian intellectual and cultural traditions. This chapter is pivotal in the examination of the issues raised in this research as it will analyse the basic premises of information privacy in the digital age and determine whether information privacy is dead as people like Scott McNealy of Sun Microsystems108 would have us believe. His comment reflects what many people believe, namely that ICTs, in particular, computers and digital electronic networks, have dramatically and irrevocably diminished our privacy. The question that arises therefore is whether McNealy is right or not.
The chapter also examines the impact of technology on privacy and issues arising therefrom, such as interception of communications, surveillance, workplace monitoring, data retention, the ICT/Internet/ telecommunications interface and how
108 The Chief Executive Officer of Sun Microsystems was reported to have told a group of reporters and analysts at an event to launch his company's new product, the Jini technology. See Wired ―You have zero privacy anyway‖. [online]
34 they compromise information privacy in the collection, processing and disclosure of information. The impact of technology on the collection and processing of information is at the heart of the current heated privacy debate; this chapter examines the role technology plays in diminishing the privacy rights and interests of both users and non-users of the various technologies.
Chapter 5 explores how unbridled access to information and the global trade in information and information products affect information privacy. It traces the historical development of the use of technology in the collection of information and the commercial uses of personal information. It highlights the business models that utilise personal information in the new marketplace where information and information products are sold. It highlights the long-standing conflict between the right to privacy and right to information. The conflict between privacy and freedom of expression109 is often resolved in favour of the latter on a presumption of primacy that is questionable and all the more aggravating in the face of advancing technologies aimed at circumventing the whole notion of privacy.
Chapter 6 examines the issues relating to the regulation of trans-border data flows (TBDF) and their implications for Nigeria. The focus is on the global regulatory framework for data protection. It examines the impact of the EU Directive on Data Protection and the restrictions it places on the collection and use of data, restrictions on data flows to countries outside the EU and the question of adequacy of protection.
The chapter explores the evolution of trans-border data flows regulation and how the global flow of information threatens not only the privacy of personal information but also national sovereignty.
The chapter also explores the impact of globalisation on TBDF and the legal and jurisdictional issues arising from international data flows. It examines the reasons for regulating TBDF and the emergence of the data protection regime in response to the threats accompanying TBDF. Globalisation is often thought of in terms of the diffusion of goods, services and technologies across borders; the extra-territorial
109 The right to freedom of expression includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
35 application of regulatory regimes is another major element of globalisation. The regulation of TBDF in one country or regional grouping of countries has a ripple effect in another country and raises questions about the sovereignty of nations in a globalised world. The chapter will examine this issue in the light of the extra-territorial reach of the EU Directive 95/46/EC.
Chapter 7 will focus on the imperatives of integration into the global network economy for sustainable growth and national development. As a developing country, Nigeria recognises the critical importance of the global market economy and the benefits that its empowering technologies such as the Internet and ICTs offer for national development. International trade is driving the diffusion of goods, services and technologies and consequently, global integration. Being an active member of the global network economy is essential to Nigeria‘s economic growth. The growth of trade in services in the global economy, coupled with the rising use of ICTs, provides developing countries like Nigeria new opportunities for integration into the global economy. Integration is however dictated by adherence to evolving regulatory regimes.
The chapter explores the challenges that confront Nigeria‘s desire to plug into the global economy and examines the links between trade, international standards and market access. It identifies regulatory standards as barriers to trade and integration;
international regulatory frameworks have become technical and non-technical barriers that developing countries like Nigeria must overcome in order to integrate fully into the global network economy in the 21st century. Data protection legislation is both a barrier and gateway into the global network economy and the EU Directive on data protection has emerged as the global data protection standard. The threat, implicit in the Directive, to restrict trans-border flow of data to countries outside the EU who have inadequate data protection laws, gives the Directive its commanding position as a barrier/gateway to integration especially for developing countries.
One question the chapter will seek to answer is whether the EU Directive on data protection is a violation of WTO‘s trade rules and what Nigeria‘s response should be to the Directive. To answer the question, the EU‘s process of assessing adequacy of data protection in a third country will be examined. While arguing that law reform is an important and necessary vehicle for economic development and integration into the
36 global economy, the chapter will call for the development of a Nigerian data protection framework and proffer reasons why Nigeria should enact a data protection law.
Chapter 8 will explore the motivations and objectives that drive the enactment of data protection laws globally and how such motivations will play out in Nigeria.
Perspectives from socio-cultural studies will be examined in order to explain why economic and not cultural motivations will power the drive to enact a data protection law for Nigeria. In arguing for the enactment of a data protection law for Nigeria, a comparative review of information privacy protection regimes in other countries will be undertaken with a view to aiding policy makers in choosing the right regulatory model of data protection for Nigeria. European and US approaches to data protection, as well as other common law countries like Australia and the UK will be examined. South Africa‘s data protection plans and how they might affect Nigeria will also be examined.
An overview of the main regulatory models will be presented with a highlight of the strengths and weaknesses of each model. Recognising also that regardless of the model that will be chosen, regulatory theory distinguishes between principles-based and rules-based regulation, the chapter will highlight the arguments for rules-based and principles based regulatory models in the light of Nigeria‘s peculiar socio-political environment. At the conclusion, useful recommendations will be made to assist Nigeria in addressing the privacy issues that will be highlighted in the course of this study.
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