Spyware and digital surveillance can expose journalists and their sources to arrest, harassment, censorship and other human rights violations, panellists at an X Space hosted by the International Centre for Investigative Reporting (ICIR) have warned.
The speakers, who discussed “How Spyware and Digital Surveillance Threaten Human Rights” on Wednesday, September 16, stressed that unchecked surveillance could undermine privacy, freedom of expression and investigative journalism.
Fidelis Mac-Leva, editor-in-chief of Daylight Reporters, said surveillance had already affected the work of journalists, recounting an experience in Imo State where materials stored on his phone disappeared while he was waiting at a police office.
He recalled how his phone suddenly went blank despite having a full battery, and after restarting it, he discovered that interviews and other materials relating to his work had disappeared.
“Luckily for me, what I do when I get to locations like that is store my information elsewhere, such as on my email, Google Docs and other platforms,” Mac-Leva said.
He maintained that journalists are increasingly practising self-censorship because of fears of surveillance, arrest and victimisation, with some reportedly travelling to neighbouring states to meet sources.
MacLeva called for stronger oversight of digital surveillance and said journalists needed protection to investigate how the government acquires and deploys surveillance technology.
Dr Olumide Babalola, editor-in-chief of the Nigerian Privacy Law Report, said national security should not be interpreted so broadly that it becomes a justification for restricting legitimate journalism and citizens’ rights.
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“If we don’t know the bounds of the law, then it will produce what we call a ‘chilling effect,’” Babalola said, adding that laws should be interpreted strictly, particularly when prosecution is involved.
He said privacy should be treated as a fundamental right, stressing that “privacy is not the enemy of security.”
Natalia Krapiva, Senior Tech Legal Counsel, said the danger from surveillance extended beyond unauthorised access to digital information.
She explained that information obtained through spyware could subsequently be used to arrest, detain or harass victims, while journalists could lose sources who become afraid to communicate with them.
Krapiva noted that spyware could also have physical, legal and psychological consequences, adding that victims could face misinformation, disinformation and the publication of sensitive information.
She advised journalists and civil society actors to reduce their exposure by keeping devices and software updated, using multi-factor authentication and encrypted messaging, and limiting the amount of sensitive information stored on devices.
Krapiva also recommended security features such as Apple’s Lockdown Mode and Google Advanced Protection, as well as protection against phishing attacks.
She called for greater government transparency over surveillance technologies, including information on what technologies are being used, their capabilities and how often they are deployed.
Ibukunoluwa Owa, Assistant Manager, Regulations Unit, National Data Protection Commission, cited that the Nigerian law requires surveillance to have a lawful basis and to be necessary and proportionate.
Owa distinguished between unlawful spyware and lawful surveillance, saying surveillance for national security or public interest must still have safeguards.
She said the Nigeria Data Protection Act requires personal data processing to be lawful, transparent and accountable, while security agencies must have a valid legal basis or, in relevant cases, a judicial order.
“Then we have data minimisation, meaning that if you need to process data for a particular purpose, you need to ensure that you only take what is necessary,” Owa said.
She added that people whose privacy rights are violated can complain to the commission or seek remedies through the courts.
Omaka Udodinma, Chief Superintendent of Police, Nigeria Police Force (NPF), said the police tried to operate within the law and stressed that an investigation did not amount to an indictment.
He believes suspects should be treated as suspects rather than convicts and that the police did not compel people to make statements.
The panellists, however, stressed the need for stronger safeguards, oversight and accountability to prevent surveillance technologies from being used in ways that undermine privacy, journalism and other fundamental rights.
Alex is a business journalist cum data enthusiast with the Pinnacle Daily. He can be reached via ealex@thepinnacleng.com, @ehime_alex on X