The National Commissioner and Chief Executive Officer of the Nigeria Data Protection Commission, Dr Vincent Olatunji, has called on the judiciary to strengthen the enforcement of citizens’ data privacy rights, warning that technological advancement must not become a licence for the abuse of personal information.
He made the call at the opening of a capacity-building workshop for judicial officers on data protection, over the weekend in Abuja.
Olatunji said organisations processing Nigerians’ personal data must be held accountable for violations, stressing that citizens should have the right to exercise control over their personal information wherever it is held.
Addressing the judicial officers, Olatunji said the growing dependence on digital platforms for commercial transactions, communication and other daily activities had created fresh threats to individual privacy and civil liberties.
He noted that with more than 150 million internet users in Nigeria, millions of citizens now depend on third-party technology platforms for services, transactions and communication, raising concerns about how their personal information is collected, processed and protected.
He said, “Who is interested in our private life in a world that thrives on the doctrine of survival of the fittest? Where is the interest coming from? When and how is the interest effected? Can these interests be legitimate?”
The NDPC boss urged judges to give greater attention to Section 37 of the 1999 Constitution, which guarantees and protects the privacy of citizens, including their homes, correspondence, telephone conversations and telegraphic communications.
He argued that the constitutional protection of privacy should be interpreted broadly to cover personal data and the rights of individuals to access and exercise control over information concerning them.
According to him, data privacy should not be restricted to confidentiality but should be treated as a bundle of rights that allows individuals to exercise control over their personal information, subject to limitations permitted by law.
Citing the Supreme Court judgment in Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo, Olatunji said the judiciary had an important role in protecting individual autonomy and ensuring that personal freedoms were not unnecessarily curtailed.
He said the principle established by the judgment was that individuals should be allowed to determine the course of their lives unless a clear and compelling overriding public interest justified state interference.
Olatunji further said the Nigeria Data Protection Act 2023 was enacted to give effect to the state’s responsibility to protect citizens against unlawful interference with their privacy.
He, however, stressed that the NDPC’s regulatory responsibilities could not replace the constitutional and judicial powers of the courts to adjudicate disputes and grant appropriate remedies.
“While the common man looks to the Commission for regulation, he looks towards the courts for reliefs that redress his unresolved grievances,” he said.
He drew attention to Section 50 of the Data Protection Act, which provides that anyone dissatisfied with an order of the Commission may apply to the court for judicial review within 30 days of the order.
The commissioner urged judicial officers to develop a deeper understanding of emerging data protection issues, particularly as electronic evidence, virtual hearings and digital transactions become increasingly common in the administration of justice.
He also called for the application of internationally recognised data protection principles, including lawfulness, fairness, transparency, purpose limitation, data minimisation, necessity, proportionality and accountability.
Olatunji said Nigeria must align its data protection framework with relevant international standards, citing the ECOWAS Supplementary Act on Personal Data Protection, the African Union Convention on Cyber Security and Data Protection and the European Union General Data Protection Regulation.
The NDPC boss added that Nigeria’s engagement with international data protection institutions was aimed at ensuring that the global digital environment respected human rights and the sovereignty of nations.
Highlighting the commission’s achievements, Olatunji said it had created more than 27,000 jobs in the data protection ecosystem and certified over 1,500 Data Protection Officers through its national certification programme.
He said the commission had also registered more than 41,000 data controllers and processors of major importance, received over 8,000 compliance audit returns and licensed 367 Data Protection Compliance Organisations.
According to him, the commission has investigated more than 240 data breach cases, issued over 20 major remediation orders and published notices identifying more than 1,900 organisations considered non-compliant with data protection requirements.
He added that the commission had established 19 privacy clubs in universities, while its Virtual Privacy Academy had benefited more than 66,000 people.
Olatunji said the commission had also signed over 28 memoranda of understanding with government agencies, private sector organisations, data protection authorities and global technology companies.
He urged the judiciary to take cognisance of the opportunities and threats associated with the Fourth Industrial Revolution, saying the protection of fundamental rights must remain central to the country’s digital transformation.
He said the commission was prepared to work with the judiciary to ensure that Nigerians and legal residents enjoyed the protection guaranteed by the Constitution and the Data Protection Act.
Data breach threat to national security – Kekere-Ekun
Declaring the event open, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, represented by the NJI Administrator, Justice Babatunde Adejumo, said the misuse of personal information could threaten national security, institutional stability and public confidence in government.
Adejumo said individuals who unlawfully exploit personal data could undermine national sovereignty and erode trust in public institutions.
He said the judiciary had a responsibility to protect individuals’ rights to access, correct and erase their personal information, as well as object to its processing.
According to him, courts must also determine liability for data protection violations while balancing privacy rights against legitimate public interests.
The NJI boss said the Nigeria Data Protection Act 2023 provides a legal framework for protecting personal information, adding that its implications for public institutions, including the judiciary, require careful consideration.
He urged judicial officers to keep abreast of emerging technologies and international legal principles to enable them to resolve increasingly complex data protection disputes.
The NJI administrator also called for stronger collaboration among government agencies, describing inter-agency cooperation as essential to addressing data protection challenges.
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