Nigeria Poised to Update Data Protection Act for AI and Emerging Technologies
Nigeria’s data protection framework is set for a significant evolution, with the National Commissioner of the Nigeria Data Protection Commission (NDPC), Dr. Vincent Olatunji, announcing plans to review the Nigeria Data Protection Act (NDPA). This proactive measure aims to address the burgeoning landscape of artificial intelligence (AI), robotics, and big data, ensuring the nation’s data privacy legislation remains robust and relevant in the face of rapid technological advancement.
The announcement, made in Abuja on Friday, coincides with the commemoration of the third anniversary of President Bola Tinubu signing the NDPA into law on June 12, 2023. Dr. Olatunji highlighted that the swift progression of digital technologies and a more profound understanding of the data protection ecosystem necessitate an update to certain provisions of the Act when it becomes eligible for review. He noted that the original legislation was drafted in an era where the digital environment was less sophisticated, leading to broader references to emerging technologies.
“We are in the era of emerging technologies,” Dr. Olatunji stated. “At that time, we could only make general references to emerging technologies, but today we can specifically mention Artificial Intelligence, robotics and big data. Ten years ago, nobody was talking about AI the way we are doing now, but today it has become central to virtually every aspect of digital transformation. We need to be more specific about what constitutes emerging technologies and provide examples because the technologies keep evolving.”
The increasing adoption of AI and other advanced technologies underscores the imperative for periodic legislative reviews to maintain a regulatory framework that is both current and responsive. Dr. Olatunji, however, stressed the critical importance of retaining human oversight in the deployment of AI systems, asserting, “We still need the human component. We should not leave everything to artificial intelligence.”
Further areas identified for continuous attention to keep pace with technological developments include digital footprints and other privacy-related concerns. While some jurisdictions continue to operate under data protection laws enacted over a decade ago, Nigeria is committed to embracing regular reviews to prevent its legislation from becoming obsolete.
Looking ahead, Dr. Olatunji expressed strong optimism for the future of Nigeria’s data privacy ecosystem, anticipating substantial growth over the next five years. He foresees enhanced awareness and compliance levels, with privacy consciousness becoming an ingrained aspect of the nation’s digital culture. “I see growth, development, awareness and greater trust in the ecosystem. Compliance will become a necessity rather than an option,” he remarked. “We are building a culture of privacy that will make investors and other stakeholders see Nigeria as a country that is ready for digital business. The rights, freedoms and interests of Nigerians and legal residents will be adequately protected.”
The Nigeria Data Protection Act, enacted on June 12, 2023, currently serves as the foundational legal instrument for safeguarding personal data and privacy rights within Nigeria.
