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LEGISLATION

Although Nigeria does not have a principal legislation on data protection yet, the Nigeria Data Protection Regulation (NDPR) which was issued by the National Information Technology Development Agency (NITDA) in January  2019, continues to serve the country as its general regulation on data protection.

Constitution of the Federal Republic of Nigeria, 1999 (as amended): section 37 guarantees right to privacy of citizens, correspondences etc.

There are however some other sector-specific legislation on data protection (we shall update this list periodically):

Companies and Allied Matters Act 2020: sections 847 and 864 provide for retention of records of an association and that of company registered under the Act for 6 years.

Nigeria Communications Commission’ Consumer Code of Practice Regulation 2007: regulations 35, 38 and 39 of the Schedule to the Code provides for general data protection principles with respect to consumers information collected by service providers.

Nigerian Communications Commission (Registration of Telephone Subscribers) Regulations, 2011: regulations 9 and 10 of the NCC Registration of Telephone Subscribers Regulation 2011, provide for  data protection and confidentiality of telephone subscribers

 

 Freedom of Information Act 2011: section 14(1)  prohibits disclosure of information where such contains personal data (information) in certain cases.

Cybercrimes (Prohibition, Prevention, etc.) Act 2015: section 38 provides for records retention and protection of data.

The Child Rights Act 2003: section 8 guarantees right to private and family life.

Central Bank of Nigeria’s Consumer Protection Framework 2016: article 2.6.2 provides for data protection rights of bank customers.

National Identity Management Commission (NIMC) Act 2007: section 14 provides for storage of data relating to citizens and foreigners while section 26 prohibits access to data registered under the Act with exceptions.

National Health Act 2014: section 24 mandates health facilities to privide information to data subjects, section 24 provides for retention of health records, section 26 guarantees confidentialit of users personal data, section 27 cover processing for legitimate purpose  and section 29 guarantees security of data.

National Health Insurance Scheme Act: section 48 empowers the scheme to make guidelines on maintaince of employees data relating to contributions. Paragraph 1.1.1.5(d) National Health Insurance Operational Guidelines made pursuant to the Act mandates certain employers to keep medical records belonging employees and their dependants.

Federal Competition and Consumer Protection Act 2018: section 35 protects dissemination of data, section 36 provides for deletion. The Act also protects business secrets which could form part of personal data if it identifies a data subject.

Labour Act 1971: section 8 provides for processing of employees’ health data,  75(1) and (2) provides for retention of data relating to employess wages and conditions of employment.

Employees Compensation Act 2010: sections 39(a) and 52 require retention of employees’ payroll data, section 41 concerns employees disability data.

Factories Act 1987: sections 1, 2(1), 3(1) provide for register containing personal data (provided in the first schedule) relating to factory workers.

National Minimum Wage Act 2019: section 5 madates employers to keep record of wages and conditions of employment.

Personal Income Tax Act 2011: section 52 (1)(a) (b) provide for retention of employees tax records

Pension Reform Act 2014: section 74(2) mandates employers to retain records of past and current employees and transmit such record to Pension Funds Administration.

National Archives Act 1992: regulates retention and storage of public and private records.

National Data Repository Regulation 2020: regulates retention of data (including personal data) in the oil and gas industry

Credit Reporting Act 2017: sections 9 and 10 provides for confidentiality rights and obligations of data subjects.

Draft Data Protection Bill 2020: although, not yet passed into law,  being an executive bill, we are hopeful, it will soon be introduced to the National Assembly.