After 4 months of an intensive independent research focused on the Gaps in Data Privacy and Security in cloud services in the country, the Nigerian Institute of Advanced Legal Studies (NIALS) has presented the first draft of its findings to key stakeholders at a consultative round table in Abuja.
With participation from the Academia, policy makers, Legislature, Government, media etc., the purpose of the forum was to share and solicit field feedback and recommendations from key stakeholders.
Presenting the report, the Director of Research, NIALS and Head of the Research Team, Professor Lanre Fagbohun explained that the research was undertaken with the primary goal of understanding how data privacy, security of data, data sovereignty/ localization and management should be approached and to better access the impact of fundamental apprehensions like entrusting the safety of vital and in some cases confidential data to a 3rd party, liability for loss and the complication of having the location of data in different jurisdictions with differing levels of protection, privacy concerns associated with the access, use and sharing of cloud based data, service reliability, lack of clarity in the cost-benefit analysis of how cloud service savings compares with existing operations and fears over vendor lock-in as a result of dependence on a cloud provider’s service on the rate of adoption of cloud services in Nigeria.
Explaining the rationale for the choice of the states the study focused on from the 6 geopolitical zones of Nigeria namely Lagos and Oyo (South West), Anambra (South East), Rivers (South South), Kwara (North Central), Kaduna (North West) and Abuja, Professor Fagbohun explained that these states have a good representation of the educational institutions and SMEs and their regulatory institutions.
Fagbohun said in the course of the study which looked at the benefits of adopting cloud computing – avoidance of costly up-front capital investments in IT infrastructure, faster go to market ability, flexibility in deployment of computing capacity in that cloud model allows users to pay for excess capacity only when it is required, self-service and increased automation improving process efficiencies and reduction of environmental damage through maximization of computing powers, NIALS has so far reviewed thirty (30) legal instruments (three (3) Policy documents; seven (7) Statutes, including the Constitution; one (1) Bill; seven (7) Regulations; and twelve 12 Guidelines.
The report which examined the statutory framework with a comparative analysis of data protection laws in the United States, United Kingdom, India and South Africa also states that recent studies indicate that Nigeria with an estimated 36 percent of businesses currently using cloud services will soon overtake Kenya (48 per cent) and South Africa (50 percent).
Speakers at the roundtable which was divided into 3 panel sessions included Chinenye Mba-Uzoukwu, CEO of InfoGraphics Nigeria Limited who moderated Panel Session 1 on the Case Study focusing on SMEs. The session addressed the impact of cloud to drive productivity, business growth, create new jobs and generate wealth. Panellists called on government to provide the enabling legal, policy and regulatory environment and create incentives for SMEs to leverage technology, skills development and ensure secure and safe environment while also protecting data.
A member of the panel, Ms. Heba Ramzy, Director, Corporate Affairs, Microsoft, MEA spoke about the results of the Boston Consulting Group (BCG)’s Study on the impact of cloud computing on SMEs. She also called out the similarity of the results of the NIALS’ Study with that of BCG.
Mrs. Folashade Adefisayo, CEO of Leading Learning Ltd and immediate past Director of Corona Schools Trust Council moderated Panel Session 2 which raised an important question on where Kenya’s education sector should be positioned i.e. as a leader or follower in Africa– taking the lead from the BCG study.
The session challenged some of the findings and highlighted the need to address affordable access, and given the gross inadequacy of education infrastructure and current security challenges in parts of Nigeria resulting in a huge number of students being out of school, change the way education is delivered to include digitized curriculum content on mobile devices (mainly phones) and nurture new ways of thinking, skills and creativity of youth to create next generation of ICT aware leaders.
The panel also emphasized the need to infuse modern skills such as problem solving, creativity and conflict resolution in schools’ curriculum to create the next generation of ICT aware leaders.
Panel Session 3 on the Statutory Framework for cloud computing and the issues of security, privacy and sovereignty of data in Nigeria was moderated by Basil Udotai Esq., Managing Partner, Technology Advisor, ICT Lawyers & Consultants.
Panellists amongst others at length debated Government’s requirement in NITDA (the National Information Technology Development Agency)’s draft Guidelines for Nigerian Content Development in ICT 2013 that all government data including those of pseudo government sectors i.e. FSI (Financial Services Institutions) and Telecoms sectors be hosted locally, the impact of this on the affordability of cloud services, the need to balance national security needs, Nigerians’ constitutionally guaranteed rights to the security and privacy of their data and need to provide an enabling legal, policy and regulatory environment that will promote faster cloud adoption and ensure that Nigeria can maximally leverage cloud computing services not just in the Education and SME sectors but across all sectors.
Earlier in her welcome address, Ijeoma Abazie, Corporate Affairs Lead, Microsoft Nigeria said, “Cloud computing technology has an enormous potential as proven by several studies including the Boston Consulting Group (BCG)’s Study on the impact of cloud computing on SMEs to accelerate the growth of economies and transform Nigeria’s Education sector to an ICT based one and in order to meet its targets in the National Broadband Plan 2013 to 2018 and the President’s Transformation agenda, Government should enable practicable PPP models that will accelerate increased ubiquitous affordable cloud computing-based broadband availability leveraging technologies that allow for maximisation spectrum usage such as TV White Spaces (TVWS) spectrum amongst others”.
Professor Adedeji Adekunle, Director-General, NIALS, in his own address noted, “that cloud computing has been revealed to be the future model of information technology. One of the key objectives of the study is to see how adoption of cloud services can be promoted in Nigeria in order for the country to also amortise its benefits. He noted that the study involved three months of rigorous work by research professors and fellows of NIALS who examined not only the existing policy and regulatory framework, but, also went to the field to collect credible data to substantiate the desk research outcomes. He expressed the view that the recommendations would help to address concerns with data governance while also maximising socio-economic and environmental benefits of cloud computing”.
The report concluded with recommendations for SMEs and the Education sector. The study revealed that many SMEs using ICT have a mix of cloud and non-cloud based solutions; that SME associations such as SMEDAN and the Manufacturers Association of Nigeria (MAN) etc. can through regular workshops and seminars assist their members understand the costs of supporting the different elements of their existing IT models and how they can successfully integrate cloud computing into their overall IT strategy.
Given the importance of cloud computing for ICT based education, the report further stated that the Federal/States’ Ministries of Education should encourage educational institutions to have a plan of action/implementation plan for the adoption of cloud services and Federal/States’ Ministry of Education and the National Universities’ Commission should guide Secondary schools and tertiary institutions to upgrade their ICT curriculum and courses to include a wide range of cloud computing services and technology and build the capacity of teachers.
The Roundtable concluded with a Synthesis of Views/Communique by Professor Mrs. Animi Awah, Director of Studies, NIALS. NIALS’ Professor Fagbohun called on all participants to share the finalized Research Report, Case Studies and recommendations which will be sent to all participants more broadly via their websites.