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

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.

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