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Nigeria Data Protection Commissioner Highlights Data Law’s Impact and Challenges

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Dr. Vincent Olatunji, the National Commissioner for the Nigeria Data Protection Commission, discusses the implications of the new Nigeria Data Protection Act 2023, safeguarding data rights, regulating AI, and more in an interview with TEMITAYO JAIYEOLA.

Impact of the New Data Law on Nigerians

The central focus of the law is to ensure the protection of Nigerians’ data rights. This entails proper handling of data collection, processing, storage, and sharing. Unlike before, the law now establishes provisions that compel data controllers to implement robust measures, ensuring the responsible treatment of collected data.

Furthermore, the law provides an avenue for aggrieved parties to report any data-related issues. It empowers them to approach the commission for necessary actions, thereby ensuring their data rights are upheld.

Investigations into Data Breaches

We’ve conducted numerous investigations, particularly in sectors like banking, telecommunications, consulting, and digital lending. This proactive approach involves interrogating the activities of various entities to ensure data compliance.

Some banks and Soko Loans, a digital lending company, have been fined for breaches. While we impose fines, our emphasis is on remediation, encouraging compliance culture. We’re committed to guiding companies toward adopting data protection as part of their operational practices.

Status of MoMo Investigation

The MoMo investigation is ongoing, carried out in collaboration with the involved party. We usually refrain from publicizing findings unless cooperation is absent. Our primary concern is rectification and protection of users, rather than negative publicity.

Flutterwave Investigation and Blacklisting

The investigation into Flutterwave is still ongoing, with due diligence being carried out. We’re ensuring a well-informed decision. The plan to blacklist non-compliant organizations, companies, and data processors is underway. Organizations are encouraged to register with the commission, with annual data protection compliance audits planned between January and March 31. The blacklist will be finalized by March 2024, encompassing entities not adhering to the law’s provisions.

Key Challenges in Data Privacy

Awareness and capacity are major challenges. Many individuals lack awareness of their data rights, and entities often lack understanding of their responsibilities. Building awareness and enhancing capacity are pivotal to effective data law implementation. We’re planning awareness campaigns to educate people about their rights.

Data Privacy and Big Tech Firms

We’re focused on overseeing how big tech firms handle personal data. Our adaptive law empowers us to address emerging privacy issues. Just as the European Data Protection Commission fined Meta, these actions demonstrate that no company is above the law. We’re striving for a coordinated African privacy law to regulate multinationals and service providers.

Data Privacy and AI

Emerging technologies like AI necessitate regulations. Regulations ensure responsible usage of tools like AI, protecting users from potential misuse. Balancing technology’s benefits with user rights is vital.

Job Opportunities in Data Protection

The law’s provision for data controllers to engage data protection officers creates job opportunities. There’s a significant gap between the required and available workforce. Over 150 Data Protection Compliance Organisations have been licensed, creating jobs in compliance-related roles. This sector is estimated to be worth billions, showcasing its potential for economic growth and job creation.

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