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By Adedapo Adesanya
The Socio-Financial Rights and Accountability Mission (SERAP) has urged Mr Folashodun Shonubi, the appearing Governor of the Central Financial institution of Nigeria (CBN), to take away the request for purchasers’ social media handles for know your buyer (KYC) by banks.
SERAP additionally urged him to “withdraw the Round quantity FPR/DIR/PUB/CIR/007/076 of 20 June 2023 mandating banks and different monetary establishments to implement and adjust to the necessary illegal provisions on clients’ social media handles within the CBN Rules.”
In line with Part 6(a)(iv) of the CBN Rules, banks and different monetary establishments “shall determine their buyer and procure info on the social media deal with of the client.” Part 6(b)(iii) comprises an identical provision.
Within the letter dated June 24, 2023, and signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation mentioned: “The CBN Rules and directive to banks to acquire particulars of shoppers’ social media handle violate Nigerians’ rights to freedom of expression and privateness. It’s inconsistent and incompatible with the rule of regulation.”
SERAP mentioned, “The CBN must contribute to the development of respect for the rule of regulation and human rights within the discharge of its statutory capabilities and never undermine or violate these elementary authorized necessities and requirements.”
In line with SERAP, “The purported necessary requirement would inhibit Nigerians from freely exercising their human rights on-line. If obtained, such info might also be misused for political and different illegal functions.”
The letter learn partially: “We might be grateful if the advisable measures are taken inside 3 days of the receipt and/or publication of this letter. If we have now not heard from you by then, SERAP shall take all acceptable authorized actions to compel you and the CBN to adjust to our request within the public curiosity.
“The necessary requirement of social media handles or addresses of shoppers doesn’t serve any reputable goal. Such info could also be used to unjustifiably or arbitrarily to limit the rights to freedom of expression and privateness.
“SERAP is gravely involved that the CBN Rules and directive to banks and different monetary establishments would impermissibly prohibit the constitutional and worldwide rights to freedom of expression, privateness and victims’ proper to justice and efficient treatments.
“Requiring social media handles or addresses of shoppers as a method of identification would have a disproportionate chilling impact on the efficient enjoyment by Nigerians of their rights to freedom of expression and privateness on-line.
“The CBN bears the burden of justifying any restriction on folks’s freedom of expression and privateness. Underneath the Nigerian Structure 1999 [as amended] and human rights treaties to which the nation is a state occasion, any restrictions on these rights should be utilized strictly in order that the rights should not put in jeopardy.
“There are different technique of identification equivalent to passport, driver’s licence, Financial institution Verification Quantity (BVN), and Tax Identification Quantity (TIN), which banks and different monetary establishments already require their clients to supply.
“The extra requirement of acquiring particulars of a buyer’s social media deal with or handle fails to satisfy the necessities of legality, necessity, and proportionality.
“The requirement of necessity implies an evaluation of the proportionality of the grounds, with the goal of guaranteeing that the excuse of ‘rules on buyer due diligence’ is just not used as a pretext to unduly intrude upon the rights to freedom of expression and privateness.
“The CBN Regulation doesn’t exhibit how the usage of social media deal with or handle as a method of identification would serve to enhance banks and different monetary establishments’ means to implement and adjust to the legal guidelines and rules regarding buyer due diligence.
“The Directive by the CBN, which doesn’t in any occasion carry the pressure of regulation, additionally fails to supply any rationalization as to how social media handles or addresses can facilitate compliance with rules regarding buyer due diligence.
“Acquiring the main points of shoppers’ social media handles or addresses would unduly intrude with the rights to freedom of expression and privateness. It might even be disproportionate to any purported reputable goal that the CBN seeks to realize.
“The details that there are ample technique of identification for CBN, banks and different monetary establishments to depend on to satisfy the requirement of Know Your Buyer additionally heighten issues of overreach, and confer far-reaching discretion on banks and monetary establishments.
“Acquiring info on clients’ social media handles or addresses as technique of identification is subsequently extra intrusive than crucial.
“The cumulative impact of any try and entry particulars of shoppers’ social media handles or addresses could be to undermine the letter, substance and spirit of the rights to freedom of expression and privateness of Nigerians.
“The efficient enjoyment of those elementary rights constitutes a elementary pillar for constructing a democratic society and strengthening democracy.
“The CBN fails to indicate how particulars of shoppers’ social media handles or addresses would help banks and different monetary establishments to successfully implement and adjust to the legal guidelines and rules regarding buyer due diligence.
“Human rights, the rule of regulation and democracy are interlinked and mutually reinforcing and central to the common and indivisible core values and rules of the United Nations, the African Union and the Financial Group of West African States to which Nigeria belongs.
“The CBN is sure to respect the constitutional and worldwide human rights of Nigerians together with the rights to freedom of expression and privateness.
“Underneath the precept of pacta sunt servanda and normal rules governing the regulation of treaties, the CBN can also be sure to uphold and apply within the discharge of its statutory capabilities the human rights treaties to which Nigeria is a state occasion.
“Certainly, beneath worldwide human rights regulation, all public or governmental establishments together with the CBN are able to interact the accountability of the state.
“The constructive obligations on Nigeria to make sure the rights to freedom of expression and privateness will solely be totally discharged if people are protected in opposition to violations by establishments just like the CBN.
“The Nigerian Structure ensures in Part 39 the proper to freedom of expression and in Part 37, the proper to privateness.
“Article 19 of the Worldwide Covenant on Civil and Political Rights and Article 9 of the African Constitution on Human and Peoples’ Rights additionally assure the proper to freedom of expression. Article 17 of the Covenant additionally ensures the proper to privateness.
“Freedom of expression and opinion are indispensable circumstances for the development of any individual or society, because the free train of the proper facilitates the evolution and trade of opinions, in flip enabling rules of transparency and accountability essential for the promotion and safety of human rights.
“Whereas beneath sure slender circumstances, a State could prohibit the proper to freedom of expression, any such restrictions should be strictly restricted and meet the circumstances of legality (i.e. be “offered by regulation”), reputable function, necessity, and proportionality. The CBN Rules mandating social media deal with or handle as a type of identification for purchasers fail to satisfy these authorized necessities.
“Particularly, Article 19(1) of the Covenant establishes the proper to freedom of opinion with out interference. Article 19(2) establishes Nigeria’s obligations to respect and guarantee ‘the proper to freedom of expression,’ which incorporates the liberty to hunt, obtain and impart info and concepts of every kind, no matter frontiers.
“Underneath article 19(3), restrictions on the proper to freedom of expression should be ‘offered by regulation’, and crucial ‘for respect of the rights or reputations of others’ or ‘for the safety of nationwide safety or of public order (ordre public), or of public well being and morals.
“The rules of legality, necessity, and proportionality, apply to the proper to privateness in the identical method as they do to freedom of expression and different elementary freedoms.
“Restrictions to the rights to freedom of expression and privateness that don’t adjust to the weather of legality, reputable function, and necessity and proportionality shall be deemed illegal.”
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