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Abstract

The concept of personal data is rooted in the universal human right to privacy and confidentiality. In today’s jurisprudence, the right to privacy is paramount, especially in light of evolving technological advancements. The European Union General Data Protection Regulation (EU GDPR), implemented in 2018, established a global standard for the collecting, using, storing and processing of personal data. This development prompted numerous countries, including several African nations, to address data protection concerns, particularly in transborder data transfer.

African countries faced significant challenges in this endeavor as they grappled with inadequate laws, enforcement mechanisms, and technological infrastructure. Recognizing the legal and security issues associated with personal data processing in the global economy, African countries began enacting data protection laws to complement the rights to privacy enshrined in their respective constitutions. South Africa, Ghana, and Kenya have already implemented personal data protection legislation, while Nigeria has, until recently, only issued binding regulations.

Given Nigeria’s status as a populous black nation and Africa’s largest economy, it was imperative to enact comprehensive legislation to safeguard personal data. This led to the enactment of the Nigerian Data Protection Act 2023, providing a framework for data protection in Nigeria. This research offers an overview of Nigeria’s current state of privacy and data protection laws, with a comparative analysis of these laws. This study suggests that the existing legal framework in Nigeria falls short of effectively protecting personal data collection, usage, storage and processing, especially when compared to the EU GDPR.

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