Nigeria: communications regulator to legalise interception

Nigeria: communications regulator to legalise interception

Even as the number of active mobile subscribers in Nigeria continues to increase, the regulator of the country's communication industry, the Nigerian Communications Commission (NCC) has confirmed it is working on the legal and regulatory framework in order to make it possible and legal for law enforcement agencies to intercept communications.

According to a statement issued by the commission and signed by Eugene Juwah, executive vice chairman of the Commission, the NCC revealed it is fine-tuning legal framework to ensure that the rights and privacy of telecoms subscribers are protected by the security agencies.

Under the framework, the Commission is making public inquiries on the lawful interception of communications regulations and licensing regulations as part of its rule–making process.

This will ensure wide consultation in the enactment of regulations for the industry. The proposed regulation will also empower security agencies to intercept communications legally without any violation of the citizens' privacy and rights.

"The Draft Lawful Interception of Communications Regulations was aimed at providing legal and regulatory framework for lawful interception of communications in Nigeria as well as the collection and disclosure of intercepted communications," the commission stated.

"It also specifies the nature and types of communications to be intercepted, penalties for non-compliance and measures to safeguard the privacy of citizens as contained in the constitution.

"These regulations shall complement the NCC Act and the obligations of law enforcement agencies and operators in connection with the interception of communications," Juwah said.

NCC however assured that the regulation would provide the guiding standards and principles for an effective regime on lawful interception of communication and licensing in the telecommunication industry.

The commission has also announced new measure to protect subscribers from 'unfair practices' of the telecoms companies that violate NCC's guidelines on promotion of adverts. Juwah revealed these at the public inquiries on the draft enforcement processes/procedures, regulations and SIM replacement guidelines held in the nation's capital city of Abuja.

Juwah said NCC has observed high incidences of non-compliance with advert regulations by service operators, adding that stringent penalty was required to ensure strict compliance.

According to him, henceforth, continuous violation of regulations by telecoms operators would eventually lead to withdrawal of regulatory assistance by NCC. He added that the Commission would take all necessary measures to ensure that telecoms operators comply with rules and guidelines with regard to adverts promotions.

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