Your Rights, Your Data – A Guide to Understanding Your Entitlements and Obligations as a Data Subject

INTRODUCTION

In the digital age, individuals often unknowingly compromise their personal data by quickly agreeing to terms and conditions. This can lead to privacy risks and exposure to unforeseen threats. This article aims to raise awareness about data protection rights for data subjects in Nigeria.

KEY CONCEPTS

  • Data Subject: An individual whose personal data is processed.
  • Data Processor: A body that processes personal data on behalf of the data controller.
  • Data Controller: A body that determines the purpose and means of processing personal data.
  • Personal Data: Any data that identifies or can identify an individual.

LEGAL FRAMEWORK IN NIGERIA

Nigeria’s data protection is governed by the Nigerian Data Protection Act (NDPA) 2023 and other laws such as the Cybercrimes Act 2024. The Nigerian Data Protection Commission enforces these laws to protect privacy and promote ethical data practices.

PRINCIPLES FOR DATA PROCESSING

  • Fairness & Transparency: Data must be processed legally and honestly.
  • Purpose Limitation: Data should be collected for a specific and legitimate purpose.
  • Data Minimization: Only the necessary data should be processed.
  • Storage Limitation: Data should not be kept longer than necessary.
  • Accuracy: Data should be accurate and updated.
  • Security: Data should be processed securely and confidentially.

DATA SUBJECT RIGHTS

  • Right to be Informed: Data subjects must be informed about data processing practices, especially in relation to their personal data.
  • Right to Rectify: Data subjects can request corrections to inaccurate data.
  • Right to Erasure (Right to be Forgotten): Data subjects can request the deletion of their data under certain conditions,
  • Right to Lodge a Complaint: Data subjects can report violations to the Nigerian Data Protection Commission (NDPC).
  • Right to Withdraw Consent: Consent can be withdrawn easily, for example, by account termination or service cancellation.
  • Right to Object: Data subjects can object to data processing in certain cases.
  • Right Not to be Subjected to Automated Decision—Making: Individuals can refuse decisions based on automated profiling,
  • Right to Data Portability: Data subjects can request their data in a machine-readable format for transfer to another controller.

CONCLUSION

In today’s data-driven society, protecting personal data is essential, and individuals must understand and exercise their rights under the law to ensure their privacy and security.

Kayode Sofola & Associates (KS LEGAL)

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