The Nigeria Data Protection Act, 2023 signed into law on June 12, 2023 by President Bola Tinubu, aims to secure individuals’ private information and privacy.
Apart from ensuring that individuals’ personal information is kept secure and their privacy is protected, the new law imposes obligations on entities that process such personal information so that they are now accountable for ensuring that personal data is processed in a manner that is fair and lawful.
As a corollary, the Nigeria Data Protection Act, 2023 safeguards the rights of data subjects and provides appropriate remedies in case of any violation.
TT SPECIAL: INSIDE THE NIGERIA DATA PROTECTION ACT, 2023
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“There is hope that the new law will help curb harmful effects of personal data misuse as it seeks to minimise the negative consequences that can result from the misuse or abuse of personal data.“
More importantly, the Act applies to both private and public entities that process personal data within and beyond Nigeria. It encompasses individuals, businesses, government agencies, and organisations, emphasising the importance of data protection across various sectors of the economy.
The Nigeria Data Protection Act, 2023 further places obligations on data controllers and processors by ensuring that those who determine how personal data is processed, otherwise called data controllers, and those who process them on their behalf, called data processors, fulfil their obligations towards the individual whose data is involved, called the data subject.
The Act places emphasis on obtaining the consent of individuals before collecting, processing, or storing their personal data. Consent must be freely given, specific, informed, and unambiguous. Additionally, data controllers must have a legitimate basis for processing personal data and ensure that the processing is fair, transparent, and in compliance with the law.
There is hope that the new law will help curb harmful effects of personal data misuse as it seeks to minimise the negative consequences that can result from the misuse or abuse of personal data.
Among others, the Nigeria Data Protection Act, 2023 created the Nigeria Data Protection Commission (NDPC) as the independent regulatory authority tasked to oversee data protection and privacy issues in the country.
The effective implementation of the Nigeria Data Protection Act, 2023, will have implications not just for Nigeria’s local digital economy, but it equally lay a solid legal framework for the country’s regional and global economy participations by guaranteeing that personal data is used in ways that delivers benefits and promotes trust.
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