Safeguarding Privacy: “Why Data Protection Matters in Nigeria?

BY ESEOGHENE PRECIOUS AWHATORHE 

Introduction

Imagine a stranger knowing your bank details, your medical history, or even tracking your daily movements without your permission. Scary, right? This is why data protection matters. In today’s digital age, personal information is like gold, it fuels businesses, governments, and even criminal networks. But who ensures that your private details are not misused? In Nigeria, that responsibility now rests with the Nigeria Data Protection Act 2023 (NDPA), a landmark law that gives you more control over your personal information and sets clear rules for organizations that handle it.[1]

This article explains in simple terms what the Act means for you, why it was introduced, and how it affects individuals, businesses, and Nigeria’s digital future.

Why Data Protection Matters in Nigeria?

Before 2019, Nigeria had no dedicated law protecting personal data. Banks, telecom companies, schools, and even government agencies collected sensitive information without strict legal safeguards. This created loopholes for identity theft, online scams, and privacy violations.[2]

In 2019, the National Information Technology Development Agency (NITDA) introduced the Nigeria Data Protection Regulation (NDPR), but it was only a guideline and lacked the force of a full Act of Parliament.[3]

The NDPA 2023 builds on the NDPR but goes further: it establishes an independent regulator, imposes penalties for misuse, and gives Nigerians enforceable rights. For a country where cybercrime has been a growing concern, this law is not just timely, it is essential!

Key Features of the Nigeria Data Protection Act 2023:

1.      Lawful Processing of Data

Organisations can no longer collect and use data at will. The NDPA requires that personal data must be processed lawfully, fairly, and transparently.[4]

2.       Consent Must Be Clear

Have you ever clicked “I Agree” on an app without reading the terms? Under the NDPA, consent must be freely given, informed, and unambiguous.[5]

3.      Rights of Data Subjects

The NDPA grants you several rights, including the right to access your personal data, correct inaccurate information, request deletion, and object to certain processing.[6]

4.     Data Breach Notification

If a company suffers a data breach for example, if hackers steal customer details-they must notify both the regulator and affected individuals within a reasonable time.[7]

5.     Establishment of the NDPC

The Act sets up the Nigeria Data Protection Commission (NDPC) as the supervisory authority.[8]

6.     Penalties for Non-Compliance

Organisations that violate the NDPA face heavy fines. Depending on the severity, penalties can run into millions of naira, along with reputational damage.[9]

What the NDPA Means for You?

For ordinary Nigerians, this law means more control and protection. You no longer have to feel powerless when companies misuse your details. In essence, the NDPA strengthens your right to privacy, which is also guaranteed by section 37 of the 1999 Constitution of Nigeria.[10]

What the NDPA Means for Businesses?

For businesses, the NDPA is a double-edged sword. On one hand, it imposes strict obligations, including appointing Data Protection Officers (DPOs), training staff, and investing in cybersecurity. On the other hand, it offers opportunities. Companies that respect privacy build trust, which can attract more customers and investors. In fact, global firms now prefer dealing with partners who meet international data protection standards.

Nigeria in the Global Context

The NDPA positions Nigeria alongside countries with strong privacy laws, like the EU’s General Data Protection Regulation (GDPR).[11]

It also aligns with the African Union Convention on Cybersecurity and Personal Data Protection, encouraging regional cooperation on data flows.[12]

Challenges

Despite its promise, the NDPA faces hurdles:

• Awareness: Many Nigerians are unaware of their rights.
• Compliance costs: Small businesses may struggle to meet requirements.
• Enforcement: The NDPC must be adequately funded and independent to function effectively.
• Digital divide: Rural populations with limited internet access risk being excluded from awareness campaigns.

Looking Ahead

The NDPA is a game-changer, but its success depends on implementation. Nigerians must learn to exercise their rights, while organisations must embrace a culture of privacy. Schools, businesses, and government agencies should launch awareness drives to make data protection part of everyday life.

Conclusion

The Nigeria Data Protection Act 2023 is more than just a law; it is a shield for your digital identity. It empowers individuals, compels organizations to act responsibly, and strengthens Nigeria’s place in the global digital economy. Whether you are a student, a business owner, or simply an internet user, this Act was made for you. By safeguarding privacy, it paves the way for a safer and more trustworthy digital Nigeria.