THE NIGERIA DATA PROTECTION ACT, 2023 AND THE RIGHT TO PRIVACY: CONSTITUTIONAL IMPLICATIONS UNDER THE 1999 NIGERIAN CONSTITUTION (AS AMENDED)

Abstract

As digital data proliferates, the significance of robust data protection measures has become paramount in safeguarding individual privacy rights. This has birthed in Nigeria, the Nigerian Data Protection Act (NDPA) 2024. The Act seeks to establish a comprehensive framework for the protection of personal data, however, its alignment with constitutional provisions raises concerns and critical questions. This article examines the interplay between the Nigeria Data Protection Act (NDPA) 2024 and the constitutional right to privacy as enshrined in Section 37 of the 1999 Nigeria Constitution. It analyzes whether and the extent to which the Act enhances or undermines the right to privacy, focusing on its legal definitions, enforcement mechanisms, and potential gaps in protection. By evaluating the Act's compliance with constitutional standards and judicial interpretations of privacy rights in Nigeria, this article aims to elucidate the implications for citizens' rights in the digital age. Ultimately, this research contributes to the discourse on privacy and data protection in Nigeria, suggesting pathways for strengthening legal safeguards to ensure that privacy remains a fundamental right in the context of the rapid growth and advancement of technology.