Home VOL 6 | 2020 Data Privacy Protection and the right to Privacy in Nigeria: An Assessment...

Data Privacy Protection and the right to Privacy in Nigeria: An Assessment of the National Information Technology Development Agency (NITDA) Data Protection Regulations of 2019 By Shaba Sampson & Kwame-Okpu Aghogho

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Abstract

Data Privacy is occasionally referred to as ‘Information Privacy’. It builds on the established notion of privacy to regulate the relationship between the collection and dissemination of personal data, technology, the public expectation of privacy, as well as legal and political issues surrounding Data Privacy. This paper discusses the Data Protection Regulations of 2019 as issued by the National Information Technology Development Agency. It is the closest item in the Nigerian legal framework that adopts a deliberate and comprehensive approach to the issue of Data Privacy protection in the country. The paper found that the term Data Privacy, and Data Privacy protection in Nigeria are not only closely related but intertwined; and the constitutional provision for privacy and the models of Data Privacy protection together with the Acts and Regulations which provide for Data Privacy protection all form one stream of protective mechanism. Data Protection Regulations of 2019 is, no doubt, a commendable yet flawed attempted piece of legislation to regulate and provide for Data Privacy protection in Nigeria. The paper concludes that as it stands, the Data Protection Regulations of 2019 is a watershed in establishing protection standards for the rights of Data Subjects and the protection of personal data of natural persons in Nigeria.

Keywords: Data, Information, Privacy Regulation, Rights, Technology.

Introduction

The universally recognized right to privacy protects the individual from unauthorized intrusion, this right by extension protects the place of abode and information belonging to the individual. In Nigeria, the right to privacy is a Fundamental Right guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended), specifically in Section 37 which provides that the privacy of citizens, their homes, correspondence telephone conversations and telegraphic communications is hereby guaranteed and protected.

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