Right to Privacy in Nigeria: An Examination of the Legal Framework for Protecting Global System for Moblie Communication (GSM) Subscribers from Unsolicited Text Messages

Abstract

Throughout human history, people are concerned about their privacy, and what information about their personal lives is disclosed to third parties. Centuries past, some of these concerns evolved into privacy laws, which led to a gradual transition from the traditional concept of privacy to the modern concept of privacy. However, recent breakthroughs in technology pose a significant threat to the protection of these rights as they bypass traditional securities for protecting human privacy and gain access through virtual realities.1 In Nigeria, the prevalence of the delivery of unsolicited text messages, including political campaigns and advertisement to GSM subscribers, is one of such breakthroughs. The response to this is the enacting of privacy protection regulations to prevent the violation of subscribers’ privacy, especially by giant tech companies. This paper,ntherefore, discussed the concept of the right to privacy – traditional and modern, and its historical background. It examined the legal framework for protecting the privacy of GSM subscribers against unsolicited messages. The paper also discussed judicial decisions in Nigerian on the violation of privacy through the delivery of unsolicited text messages and examined the legal framework for the protection of data privacy in Nigeria. The researchers found that, despite the availability of laws, regulations, and judicial decisions, there exist cases of violation of the privacy of GMS subscribers by mobile telecommunication operators. These violations are partly attributive to the fact that there is no comprehensive data protection regime in Nigeria that arguably matches up to international standards and the lack of adequate awareness of subscribers to their rights against such messages. The paper, therefore, recommended the need to enact a comprehensive and explicit data protection law and embark on aggressive awareness campaigns on the rights of citizens to the protection of the privacy of their data. The paper also recommended that class action should be encouraged to reduce the financial burden of affected subscribers.