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AN ASSESSMENT OF THE SCOPE AND ENFORCEMENT OF DATA SUBJECT RIGHTS UNDER NIGERIAN DATA PROTECTION REGIMES.

AN ASSESSMENT OF THE SCOPE AND ENFORCEMENT OF DATA SUBJECT RIGHTS UNDER NIGERIAN DATA PROTECTION REGIMES.

This research provides a comprehensive assessment of the scope and enforcement of data subject
rights under Nigeria’s data protection regimes, analysing the pivotal legal transition from the Nigeria
Data Protection Regulation (NDPR) of 2019 to the more robust Nigeria Data Protection Act (NDPA)
of 2023. It acknowledges the global trend toward stronger data protection, driven by the recognition
of digital rights as fundamental human rights, and positions Nigeria’s recent legislative efforts within
this movement. The study investigates the legal provisions of the NDPA, which granted key rights such
as the right to be informed, the right to access, and the right to erasure, and examines the
establishment of the Nigeria Data Protection Commission (NDPC) as the primary enforcement body.
It identifies a critical gap between the law’s comprehensive framework and its practical
implementation. The research will discuss significant challenges to effective enforcement, including
the NDPC’s institutional capacity, a widespread lack of public awareness, the high cost and complexity
of judicial redress, and the practical difficulties of enforcing the law extra territorially against foreign
companies. It concludes that while Nigeria has a strong legal foundation for data privacy, the true
measure of its success lies in overcoming these systemic challenges. The study offers targeted
recommendations for policymakers and the NDPC to enhance institutional capacity, improve public
education, and streamline enforcement mechanisms, thereby ensuring that the rights of data subjects
are not just codified but are effectively protected and enforced in practice.

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