ABSTRACT
Data Privacy protection in this modern era of digital age has become highly valuable and important for the realization of an effective and good democratic governance. Generally, the right to data privacy emerged because of the need to protect individuals from risks resulting from the automated or manual processing of their personal information. However, despite the increasing recognition for and the awareness of the right to privacy and data protection across the world, there is still lack of legal, institutional process and infrastructure to support the protection of rights. In Nigeria, data privacy and protection is yet to be given a significant attention, hence, the need for an effective enhancement of data privacy and protection framework in Nigeria. This research work aims to provide a general overview on data privacy and protection in Nigeria and addresses data privacy as a contemporary fundamental right; examine the legal and Institutional framework for data privacy and protection in Nigeria and the emergence and development of data privacy law through national, international and regional instruments. It further identifies issues and challenges in Nigeria Data Protection Regulation. It analyses the extant legal regimes for data privacy protection in Canada and South Africa. And lastly proffers recommendation on the strength of Canada and South Africa’s legal Framework.
The research finds that despite the Nigerian Information Technology Development Agency (NITDA) Regulations on Data Protection that provides for Data Protection Regulation, the regulation is not enough for the realization of right of data privacy and protection in Nigeria. Also, there is need for an effective oversight institution that monitors and enforces strict compliance of the law. It further exposes that the NDPR lacks provision on child data rights.
The work recommends the need for a more concise principal legal framework and it should accommodate a wider definition of personal information as provided in South Africa ( although this work is limited to South Africa and Canada, UK Data Protection law and EU’s GDPR which is not far from the above examined Jurisdictions can also be borrowed from). Government should also collaborate with bodies like WIPO, Privacy International and International Association of Privacy Professional (IAPP) to help train data subjects
