Data privacy and protection rights in Nigeria

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28 May 2024
36

Data privacy and protection rights in Nigeria are governed by the Nigeria Data Protection Regulation (NDPR) of 2019. The NDPR was issued by the National Information Technology Development Agency (NITDA) and is aimed at safeguarding the rights of individuals in relation to their personal data.

Key points regarding data privacy and protection rights in Nigeria include:

1. **Data Protection Principles**: The NDPR outlines seven key principles that govern the processing of personal data in Nigeria. These principles include lawful and fair processing, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability.

2. **Consent**: Consent is a crucial aspect of data protection in Nigeria. Data controllers are required to obtain the consent of data subjects before processing their personal data. The consent must be freely given, specific, informed, and unambiguous.

3. **Data Subject Rights**: Data subjects in Nigeria have various rights under the NDPR, including the right to access their personal data, the right to rectify inaccurate data, the right to erasure (also known as the right to be forgotten), and the right to data portability.

4. **Data Transfer**: The NDPR regulates the transfer of personal data outside Nigeria. Data controllers must ensure that such transfers are done in compliance with the regulation, which may involve obtaining the consent of the data subject or implementing appropriate safeguards.

5. **Data Security**: Data controllers are required to implement appropriate security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction.

6. **Data Breach Notification**: The NDPR mandates data controllers to notify the relevant authorities and affected data subjects in the event of a data breach that is likely to result in a risk to the rights and freedoms of individuals.

7. **Enforcement and Penalties**: Non-compliance with the NDPR can result in penalties, sanctions, or other enforcement actions by NITDA. These may include fines, suspension or revocation of data processing activities, or other administrative measures.
It's important for organizations and individuals in Nigeria to be aware of their rights and obligations under the NDPR to ensure compliance with data protection laws and to protect the privacy of personal data.

It's important for organizations and individuals in Nigeria to be aware of their rights and obligations under the NDPR to ensure compliance with data protection laws and to protect the privacy of personal data.

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