Expert lauds implementation of Data Protection Act, advocates for creation of implementation framework

By Ibiyemi Mathew

Beverley Agba koba-Onyejianya, a partner with Olisa Agbakoba Legal (OAL) and legal compliance expert has praised the Federal Government for the implementation of the Data Protection Act.

Recall that President Bola Ahmed Tinubu on the 14th of June 2023 signed into law, the Data Protection Act, 2023. The objective of the Act, amongst others, is to safeguard the fundamental rights and freedoms and the interests of data subjects as guaranteed under the 1999 Constitution of Nigeria.

In a collaborative post with Esther Odunze on the firm’s website, the legal professionals noted that the Nigeria Data Protection Act is indeed welcome legislation regardless of any flaw or uncertainty it might have.

They however expressed concern regarding the validity of the Nigeria Data Protection Regulation 2019 (NDPR).

“An important question that comes to mind is whether the Act repeals the Nigeria Data Protection Regulation 2019 (NDPR). There is no specific provision that mentions the repeal of the NDPR. However, on a careful reading of the transitional provisions in Section 64 of the Act that mandates all orders and regulations made or issued by NITDA and the NDPB to continue to be in force until they expire or are repealed, it can be rightfully assumed that the NDPR is not repealed by the Act,” the article read.

They also commended the Act for being comprehensive in respect of the rights of data subjects in comparison to the NDPR.

The duo however highlighted that the act does not stipulate a clear timeline for responding to rights requests.

“There is a need to answer the question of what amounts to unreasonable delay. The Commission may also need to consider coming up with an implementation framework that addresses how the rights can be exercised, and the limitations to the exercise of those rights,” Beverley and Esther recommended.