4 January 2021
Nigeria enacted the Data Protection Regulation (NDPR) in 2019 to regulate the collection and processing of Personal Data of natural persons in Nigeria.
However, as the implementation of the provisions of the NDPR gains traction, there has been debate amongst privacy rights activists and data protection enthusiasts regarding the relationship that exists between the rights of a Data Subject under the NDPR and the privacy rights guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Specifically, the debate is whether the rights of the Data Subject under the NDPR may be subsumed under the right to privacy provided in the Constitution, such that the Data Subject, whose rights under the NDPR have been breached may enforce these rights by way of an action brought under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
This article reviews the divergent views or opinions regarding the procedure to be adopted by a Data Subject in enforcing the rights under the NDPR, thus providing a guide or an appropriate direction that may be followed in enforcing those rights.