President Bola Ahmed Tinubu has signed the Nigeria data protection bill into law. Vincent Olatunji, the national commissioner of the Nigeria Data Protection Bureau (NDPB), announced this recently.
The newly enacted legislation paves the way for the establishment of the Nigeria Data Protection Commission (NDPC), which will replace the NDPB.
The NDPC is entrusted with the responsibility of safeguarding citizens’ private information and ensuring its independence.
Under this law, the NDPC will be led by a national commissioner who will regulate the processing of personal information.
One significant provision of the legislation allows Nigerians to seek remedies for any data breaches they may experience.
Furthermore, the law emphasizes that citizens’ personal data must be processed in a fair, lawful, and accountable manner.
Read also: Data Protection Stakeholders to speak at ‘PrivCon Nigeria 2023’
Bill forwarded by former President Buhari
Former President Muhammadu Buhari had, in a letter, requested the national assembly to consider and pass the bill on April 4, citing section 58(2) of the constitution.
“Pursuant to Section 58, subsection 2 of the 1999 Constitution as amended, I forward herewith the Nigerian Data Protection Bill for consideration and approval of by the Senate,’’ the letter read.
The Nigeria data protection bill seeks to give Nigerians full legal backing in protecting their data and will replace the current Nigeria Data Protection Regulation (NDPR). President Muhammadu Buhari approved the establishment of the Nigeria Data Protection Bureau on the 4th of February 2022 to replace NDPR.
Section 33 of the Bill establishes specific provisions for lawfully obtaining consent from children. Importantly, the Bill provides that the data controller must obtain the consent of a parent or other appropriate legal guardian of the child and apply appropriate mechanisms, including the presentation of government-approved identification documents, to verify age and consent.
The Bill also requires the controllers and processors of major importance to appoint a data protection officer (DPO) with expert knowledge of data protection law and practices and the ability to execute tasks.
How the data protection bill benefits Nigerians
The data protection bill in Nigeria provides several benefits to Nigerians. One if such benefits is ‘Privacy Protection’.
The legislation ensures that citizens’ private information is safeguarded and protected from unauthorized access, use, or disclosure. It establishes regulations and guidelines for the proper handling and processing of personal data, enhancing individuals’ privacy rights.
The bill promotes data security by imposing obligations on organizations to implement appropriate security measures to protect personal information. This helps in reducing the risk of data breaches, identity theft, and fraudulent activities that can harm individuals.
The law also allows Nigerians to seek redress in the event of a data breach or unauthorized use of their personal information. This empowers individuals to hold organizations accountable and seek compensation or remedies for any harm caused by mishandling their data.
The legislation emphasizes the importance of obtaining individuals’ consent for the processing of their personal data. It grants Nigerians greater control over their information, enabling them to make informed decisions about how their data is collected, used, and shared by organizations.
The law mandates that personal data should be processed in a fair, lawful, and accountable manner. This ensures that organizations handle data transparently, adhere to ethical standards, and are accountable for their data processing activities.
The establishment of the Nigeria Data Protection Commission (NDPC) as an independent regulatory body strengthens the enforcement and oversight of data protection practices. The NDPC can investigate complaints, issue penalties for non-compliance, and provide guidance and education to organizations and individuals.
The data protection bill generally establishes a framework that promotes responsible data handling practices and ensures that personal data is processed in a manner that respects individuals’ rights and interests.
