An Analysis of the Legal and Institutional Framework for Privacy, Data Protection and Cybersecurity in Nigeria

Abstract

Privacy instruments are created to protect the fundamental right of individuals to control their personal information and to ensure that the rapid advancements in technology and data collection are balanced by legal and ethical safeguards against unauthorised use, manipulation, and intrusion. Data protection laws are rooted in the need to protect individuals’ privacy and control over their personal information, especially with the rise of technology and automated data processing. Cybersecurity is critical because society increasingly relies on digital technology for everything from critical national infrastructure (like power grids and hospitals) to business operations and personal communication. All these instruments are inter-connected and centre on protection of individual rights. The aim of this presentation is to analyse how Nigeria has developed instruments to protect our privacy, the use and regulation of personal data and the use and control of digital technology. We intend to use doctrinaire research method to achieve this purpose.  We found that from the Nigeria’s Independence Constitution of 1960 through the 1979 Constitution to the 1999 Constitution, our right to privacy has been guaranteed as a fundamental human right and our data protection and cybersecurity legislations are of international standard.  However, we observed gaps in the existing instruments.  For instance, overlap, fragmentation and unclear institutional mandates, enforcement capabilities and inconsistent reporting requirements.  In conclusion, we recommend a harmonised legal and institutional framework.

Key Words: Data, Cybersecurity, Privacy, Data Protection

 

 

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