Data Protection and Breach of Privacy: An Analysis of the Legal Regime for Prevention and Punitive Measures in Nigeria (Published)
The protection of the right to privacy of individuals in Nigeria is a constitutionally and statutorily enshrined right, which attract remedies in cases of unlawful breach. Accordingly, personal information or data such as names, addresses, health status, gender, Bank verification Numbers among others, are pieces of personal data that must not be unduly exposed, shared or sold by data controllers or processors in custody of such data. Using the doctrinal research methodology, this research critically analyzed Nigeria’s legal and institutional framework on the protection of data and the punitive measures for incidences of data breaches. Accordingly, this study found that the right to protection of privacy is statutorily protected by laws such as the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Nigeria Data Protection Act and other ancillary legislations. Arising from analysis, this research found that Nigeria’s current legal framework adequately provides for the protection of data but however lags greatly in the aspect of monitoring, enforcement and implementation. As part of its recommendations, it was suggested that more resources and manpower are needed by the Nigeria Data Protection Commission and allied agencies to pursue enforcement of the law through the registration of more data controllers, and data protection officers as well as in carrying out wider sensitization for individuals and corporate bodies on the rights of data subjects and the statutory obligations of those in charge of personal data of others. The research contributed to knowledge by showcasing the challenges in the aspect of monitoring, enforcement and implementation of the Nigeria Data Protection Act, 2023.
Keywords: Data protection, Nigeria, Prevention, Punitive, breach of privacy, legal regime