AN OVERVIEW OF THE NIGERIAN DATA PROTECTION ACT 2023

AN OVERVIEW OF THE NIGERIAN DATA PROTECTION ACT 2023

Introduction

The Nigerian Knowledge Safety Act which was just lately signed by into regulation by President Bola Ahmed Tinubu, GCFR on the twelfth June 2023 is the Nigeria`s first principal laws of the Nationwide Meeting for knowledge safety. Previous to the institution of the NDPA, knowledge safety in Nigeria was solely ruled by the Nigerian Knowledge Safety Rules 2019 (NDPR) which was issued by the Nationwide Data Know-how Improvement Company (NITDA). Though the NDPA didn’t repeal the NDPR, it nonetheless supersedes the NDPR and offers the NDPR extra drive to safeguard the processing of private knowledge and privateness of knowledge topics in Nigeria. In contrast to the NDPR which focuses on pure individuals residing in Nigeria or Nigerians residing outdoors Nigeria, the NDPA protects the rights of knowledge topics and imposed obligations on knowledge controllers and knowledge processors of people’ private knowledge.

The Goal of the Act

The target of the Act is explicitly said in Part of the Act; the principal goal of the Act amongst others is to safeguard the basic rights and freedoms and the pursuits of knowledge topics as assured beneath the Structure. The Act outlined knowledge topic as private particular person to whom private knowledge relates.

Notable Highlights of the Nigerian Safety Act

1. Institution of the Nigeria Knowledge Safety Fee (the Fee):

In February 2022, the Nigerian Knowledge Safety Bureau (NDPB) changed the Nationwide Data Know-how Improvement Company (NITDA) as the first regulator for knowledge safety by regulating the NDPR has been changed by the fee beneath the Act. The fee is established in Part 4 to supervise the implementation of the provisions of the Act, and concern rules, guidelines, directives, and pointers amongst different powers. Part 5 of the Act vests on the fee an impartial energy to supervise the complete implementation of the Act. Though the fee changed the NDPB, a better take a look at the provisions of the Act connotes that it was a change of nomenclature as all officer, worker or member of employees of the NDPB are deemed to have been appointed beneath the NDPA.

2. Jurisdictional scope of the Act:

There’s a main distinction within the applicability of the NDPA. While the NDPR is relevant to all storage and processing of private knowledge performed in respect of Nigerian residents and residents, the NDPA focuses on the domicile of the info controller or knowledge processor. The NDPA is relevant to automated and non-automated knowledge processing the place; (a) the info controller or knowledge processor is domiciled, resident or working in Nigeria; (b) the processing of private knowledge happens inside Nigeria; or (c) the place the info controller or knowledge processor just isn’t domiciled, resident or working in Nigeria, however is processing private knowledge of an information topic that’s in Nigeria. In contrast to the NDPR which is relevant to Nigerians residing overseas, the NDPA just isn’t relevant to the processing of knowledge in respect of Nigerians residing overseas.

You will need to know that the Act just isn’t relevant to the processing of private knowledge carried out solely for private or family functions the place such processing doesn’t violate the basic proper to privateness of an information topic.

3. Lawful Processing of Private Knowledge:

The NDPR offers 5 bases wherein processing of private knowledge is lawful. These are; the place consent has been given; to fulfil a contractual obligation; for compliance with a authorized obligation; to guard very important pursuits of the info topic or for any public curiosity. The NDPA notably added official curiosity as a foundation for the processing of private knowledge. The Act additional offers that official curiosity will probably be illegal the place;

• they override the basic rights, freedoms and the pursuits of the info topic;

• they’re incompatible with different lawful foundation of processing

• the info topic wouldn’t have an inexpensive expectation that the private knowledge could be processes within the method envisaged.

4. Knowledge Privateness Impression Evaluation:

The NDPA offers {that a} knowledge controller ought to perform an information privateness impression evaluation (DPIA) to establish dangers and impression previous to the processing of a private knowledge which will doubtless end in excessive danger to the rights and freedoms of the info topic. The Act mandates the info controller to seek the advice of the fee earlier than processing knowledge the place the DPIA signifies a excessive danger to the Knowledge topic`s rights and freedoms.

5. Little one Rights Safety:

In contrast to the NDPR, the NDPA makes clear and exact provisions on consent to course of the info of a kid or an individual missing the capability to present consent. The Act offers that knowledge controllers ought to acquire the consent of a mother or father or guardian the place the info topic is a baby or the suitable particular person if the info topic lacks the authorized capability to offer consent. Nevertheless, this proper is restricted the place the processing is critical to guard the very important pursuits of the kid or particular person missing the authorized capability to consent or the processing is carried out for functions of medical or social care and is undertaken by or beneath the accountability of knowledgeable or related service supplier owing an obligation of confidentiality.

Conclusion

The Nigeria Knowledge Safety Act accommodates intensive provisions which assure the safety of the private knowledge of people together with their rights to know when, how, and why their knowledge is being processed. Consistent with world legal guidelines and developments regulating the privateness and private knowledge of people, the Act additionally makes provisions for efficient administrative and judicial treatment the place the private knowledge of an information topic just isn’t processed in accordance with the regulation.

From the foregoing evaluation, it’s apparent that the significance of this enactment geared toward defending the private knowledge of residents as knowledge topics on this technological age can’t be overemphasized. The eventual passage of the Act as the particular principal laws giving drive to the NDPR on the essential points of knowledge safety is commendable.