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Posted By: |August 06, 2020 |

Assessing The Compliance Of Relevant Organisations With The NDPR

INTRODUCTIONmore articles.

The National Information and Technology Development Agency (“NITDA”) issued the Nigeria Data Protection Regulation (“NDPR”) in January 2019, with the overriding objective of safeguarding the rights of natural persons to data privacy. Although this move by NITDA is in line with world’s best practices, it has stirred a lot of conversations. What however seems most important at this point is that the NDPR has come to stay, as the Federal High Court has in the recent case of Paradigm Initiative for Information Technology v. NIMC, Suit No: FHC/ABJ/CS/58/2019, affirmed the Regulation’s legal regime over data privacy concerns. With this in mind, this paper seeks only to assess the level of compliance of authorized data handlers.

Rationale for legal obligations on data handlers:

The gathering and use of personal data has been a topical issue from time immemorial. However, it has become imminent in recent times to place more regulatory focus on its handling process due to the porous nature of the use of digital technologies. Again, data is fundamental in virtually every decision- making process, hence the need to regulate the process of obtaining them to avoid violations. This is considering that data obtained for one purpose may end up being used for such other purposes not contemplated or consented for. In this regard, the NDPR is set to achieve a regime of accountability in the handling of data, to ensure that the data of individuals are deployed only for the purposes the owners have consented to and nothing more. As a result, an obligation of care and accountability is placed on the handlers of data to the owners of the data. This is summarized in the provision of Article 2.1 (2) & (3) as follows:

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