Nigeria Data Protection Act, 2023: Empowering Individuals with Control Over Their Personal Data

With the growing prevalence of online social and economic activities, there is a heightened acknowledgment of the critical importance of privacy and data protection. Equally worrisome is the unauthorized collection, utilization, and dissemination of personal information to third parties without the explicit notice or consent of consumers. Out of 194 countries, 137 have enacted legislation to ensure the safeguarding of data and privacy. Notably, Africa and Asia exhibit varying degrees of adoption, with 61% and 57% of countries having implemented such regulations, while the least developed countries account for only 48% of adoption.

Remember the Cambridge Analytica scandal, where millions of Nigerians' unwittingly had their data harvested and weaponized? Or the chilling reports of government surveillance, leaving citizens feeling watched and powerless? These stark realities fueled a years-long quest for data protection in Nigeria, culminating in a landmark victory – the Nigeria Data Protection Act, 2023 (NDPA).

This isn't just another piece of legislation. It's a watershed moment, marking a decisive shift from vulnerable shores to empowered citizens. Unlike its predecessors, Nigeria Data Protection Regulation, 2019, the NDPA establishes a comprehensive legal framework, safeguarding personal data and granting individuals unprecedented control over their digital identities. Also the Act is given priority over any other Acts or regulations is so far as they provide or relate directly or indirectly to processing of personal data. Section 63 of the Act provide thus:                   

"Where the provisions of any other law or enactment, in so far as they provide or relate directly or indirectly to the processing of personal data, are inconsistent with any of there provisions of this Act, the provisions of this Act shall prevail"

But this journey wasn't smooth sailing. Years of advocacy, heated debates, and tireless efforts by various stakeholders paved the way for this significant achievement. This article explores the key provisions of the NDPA, highlighting how it empowers individuals and reshapes the data landscape in Nigeria.

Data protection in Nigeria is grounded in the constitutional right to privacy as articulated in Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The primary legislative framework governing data protection in the country is the Nigeria Data Protection Act 2023 (NDPA), which came into force on June 12, 2023.

As we celebrate Data Protection Day this year, it is important to recognize the significance of the Nigeria Data Protection Act, 2023 in safeguarding the privacy rights of individuals. This landmark legislation provides a comprehensive legal framework for the protection of personal data and empowers individuals with control over their personal information.

1. Rights of Data Subjects

The Nigeria Data Protection Act, 2023 places a strong emphasis on the rights of data subjects. Section 11 outlines the rights of individuals in relation to their personal data, including the right to access, rectify, and erase their personal information. This gives individuals greater control over their personal data and allows them to make informed decisions about the use of their information.

(I). Right of access: Individuals have the right to request and obtain a copy of their personal data from the data controller. This allows them to verify the accuracy of the data and ensure that it is being processed lawfully.

(ii). Right to rectification: Individuals have the right to request that inaccurate or incomplete personal data be corrected or updated. This is important to ensure that the data controller holds accurate information about them.

(iii). Right to erasure: Individuals have the right to request that their personal data be erased under certain circumstances, such as if it is no longer necessary for the purpose for which it was collected or if the individual withdraws their consent.

2. Consent and Objection

The Act also mandates that data controllers and processors obtain explicit and informed consent from data subjects before processing their personal data. Section 12 outlines the right of data subjects to withdraw their consent at any time, while Section 13 provides for the right to object to processing. These provisions ensure that individuals have control over the use of their personal data and can withdraw their consent if they are not comfortable with how their information is being used.

(I) Consent: Consent must be freely given, specific, informed, and unambiguous. This means that individuals must understand what they are consenting to and must be able to give their consent without fear of pressure or coercion.

(ii)Withdrawal of Consent: Individuals have the right to withdraw their consent at any time. This means that the data controller can no longer process their personal data for the purpose for which they gave their consent.

(iii)Right to Object: Individuals have the right to object to the processing of their personal data on certain grounds, such as if it is being used for marketing purposes or if it is being processed in a way that is likely to cause them harm.

3. Data Portability

Section 14 provides for the right to data portability, allowing individuals to obtain and reuse their personal data for their own purposes across different services. This promotes competition and innovation in the digital economy, while also empowering individuals with greater control over their personal data.

(I) Data Portability: Individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format. This allows them to easily transfer their data to another service provider or use it for their own purposes.

4. Enforcement and Remedies

The Nigeria Data Protection Act, 2023 also provides for enforcement and remedies in the event of a breach of the Act. Section 38 outlines the powers of the Nigeria Data Protection Commission to investigate and sanction data controllers and processors for non-compliance with the Act. This ensures that there are consequences for those who do not respect the privacy rights of individuals.

(I) Enforcement: The Nigeria Data Protection Commission has the power to investigate data breaches, issue compliance orders, and impose fines.

(ii)Remedies: Individuals who have suffered harm as a result of a breach of the Act may be entitled to compensation.

Conclusion

As we celebrate Data Protection Day, the Nigeria Data Protection Act, 2023 stands as a testament to Nigeria's commitment to upholding the privacy rights of its citizens. By empowering individuals with control over their personal data and providing for enforcement and remedies in the event of a breach, this Act sets a precedent for responsible data handling practices. It is a reminder that in an increasingly digital world, the protection of personal data is not just a legal obligation, but a fundamental human right that must be respected.

Data protection isn't just for tech giants! Here are some crucial things to know, no matter if you're a small business owner or an individual consumer:

For Businesses:

(I) Respect Customer Privacy: Sharing customer chat interactions on social media is a big no-no without their consent! Always blur names and identities to protect their privacy.

(ii) Safeguard Customer Data: Names, phone numbers, emails, and addresses are sensitive information. Secure them diligently! Failing to do so can lead to hefty fines and damage your reputation.

(iii) Be Transparent with CCTV: Let everyone know they're being recorded with clear signage. Privacy matters even in your business space.

(b) For Customers:

(I) Take Control of Your Data: You have the right! Ask businesses to delete your personal information if you no longer wish them to have it. 

(ii) Demand a Privacy Policy: Websites collect data too! Before engaging with a website, ensure they have a clear and accessible privacy policy outlining data collection and usage practices.

Remember, Data protection matters to everyone. By understanding your rights and responsibilities, we can create a safer and more respectful digital environment for all.

By embracing the principles outlined in the Nigeria Data Protection Act, 2023, we can create a safer and more secure digital environment for all, where individuals have control over their personal data and their privacy rights are respected.

Happy Data Protection Day!

Dada, Olumide Olumuyiwa, LLB, ACIPM, HRPL


References

https://unctad.org/page/data-protection-and-privacy-legislation-worldwide accessed on 26/01/2024

Nigeria Data Protection Act, 2023.

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