Data protection refers to the practice of safeguarding sensitive information from unauthorised access, use, disclosure, modification, or destruction. It involves the use of technical measures to ensure that personal data is processed in a safe and private manner.
In recent times, data has become a valuable commodity due to the increasing use of digital technology by individuals, businesses, organisations and governments. This has led to the generation, collection, storage, and dissemination of vast amounts of personal data across borders.
Data protection is essential to ensure privacy, security, compliance, and trust. It ensures that individuals, businesses, organisations and governments have control over their personal data and prevents identity theft, financial fraud, and other criminal activities.
With increasing reliance on technology and the exponential growth of digital data, the need to protect personal and sensitive information has become a growing concern in modern times. For this reason, Nigeria has developed some legislation.
Nigeria, being a developing country with a growing economy and increasing dependence on technology, recognises the importance of data protection. The Nigerian Constitution, specifically Section 37, provides for the right to privacy. It states that, the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications are hereby guaranteed and protected. While this provision does not specifically address data protection, it lays the foundation for the right to privacy and sets the stage for subsequent legislation.
The Nigeria Data Protection Act 2023 provides a legal framework for the protection of personal information and practice of data protection in Nigeria. It defines personal data as any information relating to an identified or identifiable individual and prohibits the unlawful processing of personal information which consists of personal data and sensitive personal data of natural persons without consent. The Act is the first comprehensive legislation on data protection in Nigeria.
The National Identity Management Commission (NIMC) Act is also a key legislation that touches on data protection in Nigeria. The Act establishes the National Identity Management Commission as the primary agency responsible for issuing national identification cards to Nigerians. The Act requires the NIMC to ensure that all personal data collected is accurate, up to date, and kept confidential.
The Freedom of Information Act is another significant legislation that deals with data protection in Nigeria. The Act grants citizens access to information held by public institutions and ensures transparency in government operations. Section 2 of the Act grants access to information by the public, subject to certain conditions.
The Electronic Transaction Act is a legislation that regulates electronic transactions in Nigeria. The Act requires that all electronic transactions be secure and confidential. This provision ensures that online transactions are protected from unauthorised access or breach.
The above laws may be adopted for effective data protection in Nigeria, however, there are still some challenges to implementing effective data protection measures such as limited awareness about the importance of data protection, lack of enforcement mechanisms, insufficient infrastructure, and cybersecurity threats. To address these challenges, best practices such as; awareness campaigns, providing education and training programs on the importance of data, infrastructure development, implementing data protection policies, conducting regular risk assessments, using encryption, training staff, and monitoring and auditing data processing activities can be adopted.
Data protection is a critical issue in Nigeria, and it is essential that individuals and organisations take steps to protect personal and sensitive information. While there are existing laws and regulations governing data protection in Nigeria, there are still challenges that need to be addressed.
In conclusion, we must prioritise data protection to ensure and improve a data protection landscape with a safe and secure digital environment for data usage by individuals, businesses, organisations, and governments in Nigeria.
By V. C. ATULOMAH ESQ.
REFERENCES
- THE NIGERIAN CONSTITUTION, 1999
- THE NIGERIAN DATA PROTECTION ACT, 2023
- NATIONAL IDENTITY MANAGEMENT COMMISSION ACT
- FREEDOM OF INFORMATION ACT
- ELECTRONIC TRANSACTION ACT
