Disputes over data breach, banks’ tech glitches increasing in courts – CJN

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said breach of personal data and technological glitches are now resulting in a number of disputes which frequently require adjudication of the courts.

Justice Kekere-Ekun disclosed this  at the opening ceremony of the 2024 National Workshop for Justices and Judges on Legal Issues in Telecommunications organised by the Nigerian Communications Commission (NCC) in Lagos on Tuesday.

“I will like to quickly bring our attention to two issues which I consider to be pivotal and which revolve around cyber security and the attendant challenges of exploring the digital space.

“The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in the telecommunications sector.

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“Also worth noting are deficiencies in the banking sector and which are attributable to reliance on digital services provided by the telecommunications sector. There is for instance the major challenge posed by electronically backed transactions which is common place in the banking sector.

“Concerns in this regard include the spate of customers whose online banking platforms have been hacked, as well as banks being compromised due to technological glitches not factored into their day to day operations.

“Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication”, the CJN, who was represented at the event by Justice Jummai Hannatu Sankey, said.

She called on justices and judges at the event to  deliberate on current challenges confronting the telecommunications sector and to cross-fertilize ideas on the viable options and strategies to address the issues.

She also called on the NCC and tech experts to equip judicial officers with the technical skills required for adjudicating disputes arising from the sector and keep them abreast with global standards and best practices.

But in his welcome address at the occasion, the NCC’s Executive Vice Chairman, Dr Aminu Wada, with a deeper understanding of the harm and disruption being caused by vandals to telecom infrastructure, said the judiciary will impose appropriate sanctions to serve as strong deterrents against criminal activity.

He said with the Presidential Order on protection of national critical infrastructure, Nigeria now has a comprehensive policy framework to protect vital telecommunication assets-from base stations and data centers to fiber optic cables.

This framework, he said, strengthens government’s ability to decisively confront issues such as vandalism, illegal tampering, and preventing access to communications infrastructure, holding violators accountable to deter future offenses.

He said: “Under this order, individuals, organisations, or even government agencies are prohibited from sealing, removing, or damaging telecommunications infrastructure without a lawful court order.

“We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructures. During this workshop, we aim to provide insights that will support judicial discretion in evaluating such requests.

“The Office of the National Security Adviser, which plays a central role in coordinating the operationalisation of the Presidential Order, has already begun stakeholder consultations and meetings to facilitate immediate implementation. It is likely that, in the near future, vandals, thieves and others who breach this order’s provisions will be brought before your courts.”