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Nigerian Data Protection Regulation 2019 – A Privacy Compliance Guide Part 1

The National Information Technology Development Agency (NITDA) is statutorily mandated by the NITDA Act of 2007 to develop regulations for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour and other fields, where the use of electronic communication may improve the exchange of data and information.  In line with its mandate, NITDA in 2019 issued the Nigeria Data Protection Regulation to safeguard, regulate and protect the critical information infrastructure and data of individual and corporate bodies from breaches.

The regulation defines “Data Subject” as  any person, who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Here are some of the excepts in part three, 3.1 Rights of Data Subject:

(1) The Controller shall take appropriate measures to provide any information relating to processing to the Data Subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, and for any information relating to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the Data Subject, the information may be provided orally, provided that the identity of the Data Subject is proven by other means.

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