The Nigeria Data Protection Act (NDPA) 2023 represents a significant advancement in the legal framework for data protection in Nigeria. One of its central tenets is the scope of consent and the rights of a data subject. This piece explores these aspects in detail, focusing on how the NDPA aims to safeguard personal data while empowering individuals with greater control over their information.
The Scope of Consent
Consent, as outlined in the NDPA 2023, is a cornerstone of lawful data processing. The Act emphasizes that for any data processing activity to be considered lawful, the data subject’s consent must be explicit, informed, and freely given. This consent must also be specific to the processing activity at hand, meaning that blanket or ambiguous consents are not sufficient under the Act.
Key Features of Consent Under the NDPA 2023:
1. Explicit and Informed Consent: Data subjects must be fully informed about the nature of the data being collected, the purpose for which it is being processed, and any third parties with whom the data may be shared. This information must be provided in a clear and understandable manner.
2. Freely Given: Consent must be obtained without coercion or undue influence. The data subject should have the genuine option to refuse or withdraw consent without facing any negative consequences.
3. Specificity: Consent must be specific to the particular data processing activity. This means that organizations cannot use a single consent for multiple, unrelated data processing activities.
4. Right to Withdraw: The NDPA grants data subjects the right to withdraw their consent at any time, and organizations are obligated to respect this withdrawal and cease processing the data in question unless another legal basis for processing exists.
Rights of a Data Subject
The NDPA 2023 enshrines several rights that empower data subjects to have control over their personal data. These rights are designed to provide transparency, enhance data security, and ensure that data subjects can hold organizations accountable for the misuse of their data.
Key Rights Under the NDPA 2023:
1. Right to Access: Data subjects have the right to access their personal data held by any data controller. They are entitled to know whether their data is being processed, the purpose of such processing, and to whom their data has been disclosed.
2. Right to Rectification: If a data subject discovers that their personal data is inaccurate or incomplete, they have the right to request correction or completion of the data.
3. Right to Erasure (Right to be Forgotten): In certain circumstances, such as when the data is no longer necessary for the purpose it was collected, or if the data subject withdraws their consent, they have the right to request the deletion of their data.
4. Right to Data Portability: Data subjects can request that their data be transferred from one data controller to another in a structured, commonly used, and machine-readable format. This right facilitates the ease of switching between service providers.
5. Right to Object: Data subjects have the right to object to the processing of their personal data, particularly in cases where the processing is based on public interest or legitimate interests of the data controller.
6. Right to Restriction of Processing: In certain situations, data subjects can request that the processing of their data be restricted. This may apply when the accuracy of the data is contested, or when the data subject objects to the processing but the organization needs time to verify if there are overriding legitimate grounds.
Conclusion
The Nigeria Data Protection Act 2023 is a significant milestone in safeguarding personal data for everyone in Nigeria. It’s more than just a law, it’s about giving people control over their information and ensuring that organizations treat it with the care and respect it deserves.
By setting clear rules about consent and defining the rights of individuals, this Act empowers each of us to decide how our data is used.
Beyond legalities, it builds trust in how digital processes work, which is essential for Nigeria’s growth and our collective future.