BRIEFING NOTE ON THE DATA PROTECTION BILL, 2020

Table of Contents

BRIEFING NOTE ON THE DRAFT DATA PROTECTION BILL, 2020

A.   Introduction + Features of the Bill:

Title

Nigerian Data
Protection Bill (“the Bill”)

Principal Purpose

An Act to establish
the Data Protection Commission charged with the responsibility for the
protection of Personal Data, rights of Data Subjects, regulation of the
processing of Personal Data and for related matters.

Application

The collection,
storage, processing and use of Personal Data relating to persons residing in
Nigeria and persons of Nigerian nationality, by automated and non-automated
means, irrespective of residence.

No. of Sections

68 Sections, 1
Schedule

 

Definition of Key
Terms:

a.   Data Controller: means
the natural or legal person, public authority, service, Commission or any other
body which, alone or jointly with others, has decision-making power concerning
determining the purposes and means of data processing, and where a Data Controller
also serves as a Data Processor, the provisions regarding the activities of a Data
Controller under the Bill shall apply.

 

b.   Data Processor: means
the natural or legal person, public authority, service, commission or any other
body which, alone or jointly with others processes Personal Data on behalf of
the Data Controller.

 

c.    Data Subject: means
an identified or identifiable living natural person to whom Personal Data relates.

 

d.   Personal
Data
: means any information relating to an identified or identifiable
natural person (Data Subject).

 

e.   Sensitive
Data
: means Personal Data revealing (a) racial or ethnic
origin, political opinions, religious or philosophical beliefs; (b) genetic
data; (c) biometric data for the purpose of uniquely identifying a natural
person; (d) data concerning health; (e) data concerning a natural person\’s sex
life; (f) Personal Data concerning the data of a child who is under the age of
16 years; or (g) such other Personal Data that may be designated as sensitive
data by guidelines made by the Data Protection Commission;


Table of Remarks


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For further information on the foregoing (none of which should be taken
as legal advice), please contact:

\"AXR_9829

Moyo Omidiran

Associate

moyo.omidiran@ao2law.com

 

 

\"IMG-20190916-WA0000\"

Kitan Kola-Adefemi

Associate

kitan.kola-adefemi@ao2law.com

 

 

\"AXR_9481

Oyeyemi Oke

Partner

oyeyemi.oke@ao2law.com

 

\"AXR_9516

Bidemi Olumide

Partner

bidemi.olumide@ao2law.com

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