Nigerians hope to see data protection bill signed into law before Buhari leaves office

The call for Nigeria’s federal government to sign the new personal data protection bill into law has become louder lately with some urging outgoing President Muhammadu Buhari to do so before he leaves office on May 29.

Analyst argue that the importance of data protection cannot be over-emphasized for the country’s digital economy development efforts as having the legislation in place will go a long way in attracting foreign investors.

Nigeria’s data protection bill journey

The idea of having in place a data protection legislation in Nigeria started in 2018, but it met stumbling blocks at many stages along the way as it was described as largely wanting in content.

In October 2022, a new draft data protection bill was drawn up with some major changes introduced.

The federal executive council approved the draft in February after which it was sent to the National Assembly for vetting. At the Senate, it is said to have undergone an expedited scrutiny.

On May 3, the Senate said the draft legislation had scaled third reading in the upper parliamentary chamber, according to information published by OneTrust DataGuidance, a privacy and security regulatory research platform.

After its adoption at the Senate, the ‘Nigeria Data Protection (Establishment, Etc.) Bill, 2023’ has been sent to the House of Representatives where it will be considered, before being sent to the President for assent.

Highlights of the document

The full title of the draft legislation is: ‘A bill for an Act to provide a legal framework for the protection of personal information, and establish the Nigeria Data Protection Commission for the regulation of the processing of personal information, and for related matters.’

It outlines the organization and functioning of the Nigeria Data protection commission and its governing council, the principles and lawful basis governing the processing of personal data, rights of a data subject, data security, and modalities for enforcement of the legislation.

Among the key points of the bill is the fact that it spells out clear steps that have to be taken in case of breach of a subject’s personal data stored or processed by a data processor. It also calls for data impact assessment in cases where the processing of personal data is likely to put the rights and freedoms of the subject at risk.

In one critique of the bill, the writers note that in many aspects, it “introduces a commendable regulatory landscape as far as data protection and privacy in Nigeria is concerned.”

As the National Assembly examines the draft legislation, real estate investor Samuel Ohwovoriole in an analysis published in This Day newspaper hopes citizens “will continue to keep their fingers crossed as stakeholders collaborate in ensuring that data privacy takes firm root in the overall interest of sustainable development in Nigeria.”

Article Topics

Africa  |  biometric data  |  biometrics  |  data protection  |  legislation  |  Nigeria  |  Nigeria Data Protection Commission (NDPC)