Information Privacy in Nigeria

Abstract

The right to privacy as well as the right to respect for the dignity of the person are provided for in the current Nigerian Constitution, and there are decided cases that show how the Nigerian courts have interpreted and enforced them. It is true that no specific legislation exists that defines the contours of the constitutional right to privacy or demarcates its dimensions but there are statutory provisions in some federal laws that highlight information privacy, even though these provisions are often ancillary to the main objectives of these statutes and have limited application. This chapter, therefore, undertakes a critical analysis of the development and current legal reforms in respect of personal information protection in Nigeria. The result indicates that information privacy is not well developed in the Nigerian legal system despite the existence of the above mentioned constitutional rights. This is reflected in the judicial, socio-cultural, political, technological and economic contexts in which informational privacy discussions take place. However, some key legislative developments are occurring – some bills are before the Parliament and international treaties are being signed. It is hoped that these will lead to a stronger data protection framework in Nigeria sooner rather than later.