WHO OWNS WORKER DATA, PRIVACY, CONSENT AND ALGORITHMIC CONTROL IN DIGITAL WORKPLACES? A NIGERIAN CASE STUDY IN THE AFRICAN CONTEXT

Abstract

The expansion of digital technologies in the workplace has transformed how labour is organised, monitored and evaluated. In both Nigeria and other African labour markets, employers and digital platforms increasingly collect, analyse and utilise data generated by workers in the course of employment. This includes biometric data, productivity metrics, location tracking, performance analytics and behavioural indicators. While such data is often justified as necessary for efficiency, security or optimisation, it raises fundamental questions regarding ownership, control, consent and the boundaries of managerial authority. This article examines the legal and regulatory implications of worker data governance, focusing on Nigeria as a case study situated within broader African developments. Using a socio-legal and doctrinal analytical approach, the study evaluates the Nigerian Data Protection Act, the National Data Protection Regulation, constitutional privacy guarantees and existing labour law frameworks to determine whether current legal protections adequately safeguard worker autonomy and dignity. The analysis shows that although data protection instruments recognise individual rights to privacy and consent, the employment relationship complicates the voluntariness of consent and enables asymmetric power dynamics in data collection and use. Across African jurisdictions, similar tensions are evident, particularly as platform-based and digitally mediated work expands. The study argues that ensuring fair and transparent data governance requires clearer legal recognition of workers’ rights over data generated through their labour, limits on algorithmic decision-making, and accountability mechanisms for employers and platforms. Strengthening regulatory safeguards is essential to maintaining worker dignity and agency in increasingly data-driven work environments.