What will constitute a breach of the Nigerian Data Protection Law?

What will constitute a breach of the Nigerian Data Protection Law?

September 23, 2019

The use of Data and the extent of Data abuse is becoming a sensitive topic in today’s technological world. Everyone wants to feel a sense of security when giving their data to a data processor.

A data controller can be in breach of the Data Protection Act where the data of another person is transferred without consent of the person to a third party. A data controller is ordinarily prohibited by the law from transferring the data of another person to a third party without consent. This also means that where consent was gotten to transfer a particular data to a third party, it does not give the data controller power to transfer same to another party other than the person the consent was given for and if the data controller must do so he must seek the consent again from the data owner.

Also, where a data was taken for one purpose but used for another purpose. For instance, if you register your details in the bank for the opening of an account and your bank decides to use your details without your consent to register you in an online dating app, they can be said to be in breach of data protection.

A situation where the data collected is not adequate and accurate, so much so that it affects the data owner can be dangerous. An example is a situation where one individual’s data is mixed up with someone else’s data, and that other person has a criminal record or imagine being denied access to use your ATM card just because the name on the Debit/Credit card and Account name do not match. This is also why the law went further to state that data must not be prejudiced to the dignity of a human person and data must not be collected under duress.

Where data is taken and stored for more than the period it is required, an example here would be data taken for research purpose. it should be destroyed after the research has been completed although it depends on the kind of research.

Again, where the data controller fails to secure the data from all foreseeable hazards and breaches like data theft, cyber-attack, viral attack etc. This is important because of the trend in cybercrime, the stealing of personal data by internet fraudsters, etc.

Finally, where a data controller fails in his duty of care to protect a data in his possession, he is said to be in breach of the Data Protection Act.

 

 

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

More Articles

Search

Connect With Us

Got any questions?

If you are having any questions, please feel free to ask.

Send us an email

Frequently Asked

  • What additional documents do I require to file my Annual Returns?
  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • Why is mutual assent important in a contract?

    This is one of the key elements of a contract because is shows the meeting of the minds of both parties

  • When can I start renewal of the registration of my product(s) with NAFDAC?

    You can start renewal 6 months to the date of expiry.

  • Is it legal to transfer the personal data you obtained legally to another person?

    No, its not legal. This is because the law prohibits anyone from transferring the data of a third party to another person without consent from the third party to do same even if the data was rightfully obtained in the first instance.

  • Can I grant another person the permission to use my design?

    The right of the owner of an industrial design includes the licensing and authorization of another person to use the design.

  • When can I start renewal of the registration of my product(s) with NAFDAC?

    You can start renewal 6 months to the date of expiry.

  • How many directors do I need to start a company?

    A minimum number of two (2) directors is required to form a company.

  • What is a trademark?

    A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, slogans, colours and shapes, or a combination of all of these.

Call Us Now on +234 901 719 0079 Chat on WhatsApp