THE CHANGING PERSPECTIVE OF DATA PROTECTION REGULATIONS IN NIGERIA: AN EXAMINATION OF THE ISSUES AND CHALLENGES

Abstract

Like several countries around the world, the Nigerian government, after years of stale debates and regulatory inactivity, took the issue of data protection and privacy very seriously in 2019 through the issuance of the Nigerian Data Protection Regulation (NDPR) 2019 by the National Information Technology Development Agency (NITDA). The NDPR laid down the legal structure for the collection, processing, storage, use, transfer, protection and disclosure of personal data. It is said that the NDPR was influenced by the EU GDPR and that nearly all the provisions of the two regulatory instruments are identical. The NDPR is a significant advancement for the Nigerian economy and Nigerians' privacy rights, considering its territorial implementation. It may also be Nigeria's strictest and most far-reaching data protection law, placing strict requirements on entities and stringent penalties if there is a default in compliance. The digital economy in Nigeria is expected to continue to grow and it will attract numerous global players who must comply with the regulations. This paper seeks to examine and evaluate the NDPR and its implications on businesses who collect and process data of Nigerian residents. Transitioning from a state of affairs where there were no strict privacy law or data protection obligations on companies and institutions, compliance and enforcement of the NDPR may be an unyielding issue. The paper would review some of these challenges and proffer pragmatic solutions that can make the compliance and enforcement of the regulations more effective.