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NIGERIA DATA PROTECTION ACT, 2023
ENACTED by the National Assembly of the Federal Republic of Nigeria
Objectives.
1.
The objectives of this Act are to –
(a) safeguard the fundamental rights and freedoms, and the interests of data subjects, as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999;
(b) provide for the regulation of processing of personal data;
(c) promote data processing practices that safeguard the security of personal data and privacy of data subjects;
(d) ensure that personal data is processed in a fair, lawful and accountable manner;
(e) protect data subjects’ rights, and provide means of recourse and remedies, in the event of the breach of the data subject’s rights;
(f) ensure that data controllers and data processors fulfil their obligations to data subjects;
(g) establish an impartial, independent, and effective regulatory Commission to superintend over data protection and privacy issues, and supervise data controllers and data processors; and
(h) strengthen the legal foundations of the national digital economy and guarantee the participation of Nigeria in the regional and global economies through the beneficial and trusted use of personal data.
Application.
2.
(1) This Act shall apply to the processing of personal data, whether by automated means or not.
(2) This Act shall apply, where the –
(a) data controller or data processor is domiciled in, resident in, or operating in Nigeria;
(b) processing of personal data occurs within Nigeria; or
(c) the data controller the data processor is not domiciled in, resident in, or operating in Nigeria, but is processing personal data of a data subject in Nigeria.
Exemption of application.
3.
(1) This Act shall not apply to the processing of personal data carried out by one or more persons solely for personal or household purposes: Provided that such processing for personal or household purposes does not constitute a violation of fundamental right to privacy of a data subject.
(2) Subject to the rights and freedoms under the Constitution and the limitations, the obligations under Part V, other than sections 24, 25, 32, and 40 of this Act, shall not apply to a data controller or data processor if the processing of personal data is
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