A new law signed by President Tinubu supplies for the institution of a new data protection body as effectively as a regulatory framework for data protection within the nation.
On Wednesday, President Bola Tinubu signed the Nigeria Data Protection Bill 2023 into law. The new law supplies a authorized framework for safeguarding and regulating private info within the nation. Data protection is a contentious concern in Nigeria the place private data is collected with no assurance of protection. The downside is compounded by the surge in incidents of data breaches. In January 2022, as an illustration, a hacker claimed to have accessed the NIN database in January 2022, however the National Identity Management Commission (NIMC) denied the breach. There have been many different reported breaches like this, with the organisations concerned typically denying them. The new law will put a greater framework round defending private info and making certain they gained’t fall into the flawed fingers.
A new data protection body
The key provision of the new law is the institution of the Nigeria Data Protection Commission, which replaces the Nigeria Data Protection Bureau (NDPB) established by quick previous President Muhammadu Buhari in February 2022. The new body shall be headed by a National Commissioner appointed by the President for a time period of 4 years which is renewable as soon as.
According to Section 8 of the Act, the powers of the Commission embody issuing rules, guidelines, directives, and steering beneath the Act; partaking consultants for help within the discharge of its features; imposing penalties; prescribing charges payable by data controllers and data processors in accordance with data processing actions, and prescribe the style and frequency of submitting, and content material, of compliance returns by data controllers and data processors of main significance to the Commission.
The Act additionally supplies for making a Governing Council to be chaired by a retired decide of a superior court docket of file. The members of the Council—who the President will appoint—shall be part-time members aside from the National Commissioner.
Framework for processing data
Section 25 of the Act outlines the ideas of the processing of private data, stating that the data controller or data processor should be certain that data is collected legitimately and “processed in a manner that ensures appropriate security”. While Section 26 supplies the lawful foundation for private data processing anchored on the consent of the topic data for the precise objective or functions for which the data shall be processed. Similarly, part 35-38 establishes the rights of a data topic—an individual whose info is being collected.
The law additionally prohibits the cross-border switch of private data, besides if there’s authorized backing for it. It equally states that each one data controllers and processors of great significance have to be registered with the Commission inside six months after the graduation of the Act.
The timeline of the bill
October 2022: The bill was developed by the Nigeria Data Protection Bureau (NDPB).
January 2023: The Federal Executive Council (FEC) accepted the bill for additional ratification and endorsement by the National Assembly.
April 2023: President Muhammadu Buhari transmitted the bill to the National Assembly for consideration and passage
May 2023: The Nigerian Senate introduced that the bill had handed its third studying and despatched to the House of Representatives for consideration.
…. to be continued
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