President Tinubu Signs Data Protection Bill Into Law

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President Bola Tinubu has given his assent to the Nigeria Data Protection Bill, 2023, which enshrines a legal framework for the protection of personal data and the practice of data protection in Nigeria. The bill was developed by the Bureau in October 2022 and passed by the Federal Executive Council in February 2023. It covers the set of practices, policies, and technologies designed to safeguard digital information, such as personal data, financial records, medical records, or business secrets, from unauthorized access, theft, corruption, or loss.

Data protection measures include encryption, authentication, access controls, backup and recovery, monitoring and auditing, and compliance with legal and regulatory requirements. As more organizations and individuals rely on digital technologies, data protection has become a critical concern for privacy, security, and trust. The bill provides some procedural safeguards to protect data subjects' rights, such as providing necessary information and obtaining consent before collecting data and carrying out data protection impact assessments for processing that may pose a high risk to data subjects' rights and freedoms.

The bill also sets limits on the use of legitimate interests pursued by data controllers and processors as a basis for processing personal data that violates data subjects' fundamental rights, freedoms, and interests. Complaints related to data processing can be submitted to the Nigeria Data Protection Commission, which is responsible for enforcing the law's provisions and handling grievances, but there is a limitation on legal proceedings against the Commission and its personnel.

Overall, the Nigeria Data Protection Bill, 2023 is the first comprehensive Act on data protection in Nigeria, replacing the Nigeria Data Protection Regulation, 2019. The bill establishes the Nigeria Data Protection Commission, providing a legal framework for its operation.

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