ABSTRACT
Data protection against breach and violation by third parties has become a sensitive and important issue to deal with. The digital development in fourth industrial revolution prompted states and international institutions to provide the solution on the issue and set out a legal standing.
Data protection and reliability are top priority issues in this digital age. With the advent of new technologies, the need to protect ones privacy is becoming of greater importance. The advent of information technology has created a new environment where personal and organizational data can easily be assessed by anyone if they are not properly protected. Besides, the undeniable fact that people’s lives are now becoming woven around continuous exchange of information, and streams of data, means that data protection is gaining importance and moving to the center of the political and institutional system. Thus, most countries have taken a stance on data protection in order to enforce laws, prevent crimes and adopt in diplomatic relationship. Moreover the fundamental right to protection of personal data is recognized at the universal level in various human right instruments adopted under the aegis of the UN, mostly as an extension of the right of privacy. It is an inalienable human right also guaranteed by the Nigerian constitutional system.
However, the growing subscription of customers to online services offered by the financial, trading and telecommunications companies in Nigeria, as well as the increasing rate of identity theft and other cyber misdemeanors have necessitated the need for data protection legislation that aligned to international standard.
Big data has become a great asset for many organizations, promising improved operations and new business opportunities. However, big data has increased access to sensitive information that when processed can directly jeopardize the privacy of individuals and violate data protection laws. As a consequence, data controllers and data processors may be imposed tough penalties for non-compliance that can result even to bankruptcy.
Data privacy protections are almost alien to the Nigerian society. Data subject, mostly, oblivious of their property rights in data and Data collectors/administrators are numb to their corresponding duty to protect and respect the privacy data entrusted in their hands.
The right to privacy has a fundamental legal backing in Nigeria has encapsulated in Section 37 of the 1999 Constitution and also other salient provisions. However, there are instances of violation of these rights. Furthermore, where there are breaches of these rights, the appropriate means to facilitate the enforcement of the victim’s Fundamental Right is important. It is against this background that the Fundamental Rights (Enforcement Procedure) Rules, signed in November 11, 2009 by the then Chief Justice Idris Legbo Kutigi, was enacted.
The question is does Data Privacy Protection right fall under the ambit of section 37 of the CFRN? How can the breach of Data Privacy Protection Right be enclosed and what fundamental or innovative method can be taken for proper implementation of these rights?
