BASICS ABOUT DATA PROTECTION IN NIGERIA. - Welcome to Lumenar's blog

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Thursday, 7 May 2020

BASICS ABOUT DATA PROTECTION IN NIGERIA.








Data protection is now a very serious issue especially as the world is going virtual. The bedrock of data protection is the fact that every individual in Nigeria is entitled to the protection of his right to privacy as provided for in sec 37 of the 1999 Constitution. The scope of this write-up is give a basic rundown of personal data protection in Nigeria. 

What is Personal Data?
Personal data refers any information relating to an identified natural person. The natural person is usually referred to as the data subject from the perspective of data protection. A person can be identified through an identifier.  Identifiers can be names, addresses, photos, email addresses, bank details, medical informations, IP addresses i.e. Internet Protocol addresses, IMEI number i.e. International Mobile Equipment Identity, Bank Verification Number(BVN), National Identity Number(NIN) etc.
A person who collects the personal data of individuals is usually called a data controller.

There is a term called Sensitive Personal Data(SPD). Any data which relates to religion, sexual orientation, health, race, ethnicity,political views, criminal records, bank details are sensitive personal data and should strictly be treated as such. This means that a data controller requires  a clear consent from the data subject in order to process such informations.

AGENCIES RESPONSIBLE FOR DATA PROTECTION.
At the forefront, we have
1.  the Nigerian Communications Commission (NCC) under the Nigerian Communications Act of 2003.
2.  then the National Identity Management Commission (NIMC) by virtue of the NIMC Act of 2007
3. Central Bank of Nigeria (CBN) under the Credit Reporting Act of 2017.
4. National Information Technology Development Agency  by virtue of the National Information Technology Development Agency Act of 2007
5. The Federal Ministry of Health under the National Health Act.

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