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Data Protection and Cybersecurity Landscape in Nigeria: An Examination of the Threats and Solutions for Online Businesses
0₦2,500.00Oladamola M. Oyabambi, in his article, Data Protection and Cybersecurity Landscape in Nigeria: An Examination of the Threats and Solutions for Online Businesses, dwells on technological advancement and the advent of social media on the growth of electronic commerce (e-commerce), which thrives on the exchange and processing of personal data of customers. This data-driven feature of e-commerce creates vast opportunities and incentives for unauthorised use of personal data of customers by online platforms and businesses. The exchange of personal data in electronic commercial transactions also creates risks for unauthorised third-party access to personal data and other forms of data breach. E-commerce therefore exposes personal data to serious threats, and this underscores the need for a strong data protection regime that can effectively address the threats of breach. Oyabambi provides an in-depth analysis of the menaces of e-commerce to data privacy, the instruments used by third parties to perpetrate data breaches such as: phishing, distributed denial of service attacks (Ddos), SQL injection etc. He analyzes relevant legislation and practices, and proffers recommendations on how best to align domestic laws and practices with international best practice.
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Ungoverned Spaces, a Safe Haven for Crime? Enhancing Cyber-Security in an Information Age, the Role of Judges
0₦2,500.00Dr. Obinne C. Obiefuna, in his article, Ungoverned Spaces a Safe Haven for Crime? Enhancing Cyber-Security in an Information Age, the Role of Judges, explores the problem of cyber-crime, the efficacy of extant legislation and the role of judges in effective regulation of cyber security. Cyber insecurity has been the bane of Nigeria’s reputation in the millennial age. It has hampered Nigeria’s standing in the international scene among nations. The Cybercrime Prohibition Prevention Act 2015 was enacted to check the excesses of Nigerians on the World Wide Web. This Act has been less than effective as Nigeria ranks third in cybercrime offences after Russia and United States. Going through academic literature, the role of law enforcement officers in eradication of cybercrime is analyzed vigorously with less emphasis on the role of judges in the fight against cyber criminality. Using doctrinal approach, Obiefuna analyses the roles of judges as stakeholders in curbing cyber criminality. Obiefuna seeks to identify the obstacles hindering their effective role in curbing cybercriminals. He finds that challenges, ranging from lack of tech knowledge, use of social media, evidence of the age old judicial independence issues like judicial courage hamper the participation of judges in the fight against cybercrime. Obiefuna suggested that emphasis on training the judges on these sophisticated crimes will help to eradicate cyber criminality in Nigeria.
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Clearing the Path for Effective Judicial Enforcement of the Right to Data Protection in Nigeria: The Nigeria Data Protection Act to the Rescue
0₦2,500.00Musa Kalam Abdulkadir, in his article, Clearing the Path for Effective Judicial Enforcement of the Right to Data Protection in Nigeria: The Nigeria Data Protection Act to the Rescue, examines the innovations introduced by the Nigerian Data Protection Regulation (NDPR) 2019, which sets the stage for the passing of the Nigerian Data Protection Act 2023. Before the NDPR, discussion on judicial enforcement of the right was tied to the constitutional provision on privacy. The assumption was that the right is co-equal with the right to privacy under Section 37 of the Constitution and that it should therefore be treated as such. That assumption did not change with the coming of the NDPR and is unlikely to change with the coming of the Nigerian Data Protection Act, 2023. Using extant data protection cases as illustration, this article evaluates the Nigerian experiment in judicial enforcement of the right to data protection, basing the discussion in the constitutional and normative narratives of the subject matter. It finds that judicial enforcement of the right cannot safely be launched under the framework of the right to privacy on account of fundamental normative differences. It proposes an enforcement approach that gives unique treatment to the right in accordance with its peculiarities. Importantly, enforcement efforts under the new Data Protection Act should not be based on the privacy-centric approach so far adopted in the country.
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The Practices Of Digital Lending Platforms Vis A Vis Data Protection Laws In Nigeria
0₦2,500.00In his article, Practices Of Digital Lending Platforms Vis A Vis Data Protection Laws In Nigeria, Oladamola Oyabambi examines the legitimacy of the practices of some digital lending platforms, using experiences of victims and relating same with relevant data protection laws, Oyabambi evaluates the possibility of an overlap of duty by examining the provisions of the Bank and other Financial Institutions Act (BOFIA) and the Guidelines and concludes with feasible recommendations.
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Who Will Bell the Cat? Developing an Inclusive Information Privacy Culture for the Judiciary
0₦2,500.00Olumide Babalola in his article, Who Will Bell the Cat? Developing an Inclusive Information Privacy culture for the Judiciary, provides a descriptive and analytical commentary on issues implicating information privacy i.e data protection, especially in relation to court proceedings in Nigeria. While emphasizing some limitations of the provision on the right to privacy under the Nigerian Constitution, Babalola argues that information privacy is nevertheless identifiable from the expansive yet unexplored provision of section 37 of the Constitution.
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A Review of Digital Rights Lawyers Initiative V Unity Bank on Approaching the Administrative Redress Panel as a Condition Precedent to an Action Under the Nigeria Data Protection Regulation
0₦2,500.00Felix Emmanuel, Associate at Olaniwun Ajayi LP, in his article, A Review of Digital Rights Lawyers Initiative V Unity Bank on Approaching the Administrative Redress Panel as a Condition Precedent to an Action Under the Nigeria Data Protection Regulation, critically examines the decision of the Federal High Court in Incorporated Trustees of Digital Rights Lawyers Initiative v Unity Bank Plc (the “Case”) where the Court held that the failure of the Applicant to approach the Administrative Redress Panel before instituting the action to enforce the rights of data subjects under the Nigeria Data Protection Regulation (“NDPR”), divested the Court of jurisdiction. The Court held that Article 4.2 of the NDPR creates a condition precedent to the institution of actions to enforce data subjects’ rights under the NDPR. Emmanuel masterfully examines all aspects of the Case against the backdrop of relevant laws and regulations.
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An Examination of the Power to Legislate on Data Privacy under the Nigerian Constitution
0₦2,500.00Stephen Agbada, Associate at Streamsowers & Köhn, in his article, An Examination of the Power to Legislate on Data Privacy under the Nigerian Constitution, notes that in response to the urgent need for adequate data protection, the National Information Technology Development Agency (NITDA) issued the Nigerian Data Protection Regulations, 2019 (NDPR). Does NITDA have the power to regulate data privacy? What is the difference between Data Privacy and Data Protection? Is Data Protection an Exclusive, Concurrent or Residual List item under the Nigeria Constitution? Agbada proffers his views on these pertinent questions in his examination of the powers of the National and States Houses of Assembly to legislate on data privacy.
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The Right to Privacy as a Human Right in Nigeria and Consideration of Class Suits as an Enforcement Option
0₦2,500.00Uche Val Obi SAN, Managing Partner, Alliance Law Firm, in his article, The Right to Privacy as a Human Right in Nigeria and Consideration of Class Suits as an Enforcement Option, notes that the growing sophistication of information technology with its capacity to assemble, evaluate and distribute information on individuals has introduced a sense of urgency to the demand for legal frameworks surrounding these phenomena. He argues that it has then become essential for jurisdictions worldwide to recognise and treat information privacy as a human right. Val Obi, SAN analyses the jurisprudential basis of privacy as a human right, constitutional and extant legislation on protecting and redressing privacy rights infringement in Nigeria. He highlights Class Action as a means of enforcement of privacy rights while identifying its inadequacies under the Nigerian Constitution and the entire legal framework.
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Using Technology to Combat Crime in Nigeria: An Examination of Digital Intelligence Through the Lens of Privacy and Data Protection
0₦2,500.00Vanessa Obi, Researcher and Counsel at the Alliance Law Firm, in her article, Using Technology to Combat Crime in Nigeria: An Examination of Digital Intelligence Through the Lens of Privacy and Data Protection, explores the use of artificial intelligence or predictive analytics in crime-fighting through online security operations to protect nations and businesses. Vanessa examines the intelligence operations of security agencies that utilise digital technologies in tracking perpetrators via webs of personal data. She examines these through the lens of data privacy and protection laws; and how this will help Nigeria improve its cybercrime fighting capacity and abilities.
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A Bird’s Eye Rundown of Nigeria’s Data Protection Legal and Institutional Model
0₦2,500.00Olumide Babalola of Olumide Babalola LP, in his article, A Bird’s Eye Rundown of Nigeria’s Data Protection Legal and Institutional Model, provides a synopsis of legislation and regulations dealing with data protection in Nigeria. He chronicles the rather humdrum origin of data protection in the country vis-a-vis its current legal and regulatory enforcement mechanism. Through comparisons with the General Data Protection Regulation (GDPR) model, Olumide explains how the Nigeria Data Protection Regulation (NDPR) works or ought to work.
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Legal Liability of Online Platforms in Nigeria and the European Union
0₦2,500.00Dr Olubukola Olugasa, Associate Professor of Law at Babcock University, and Tobenna Nwosu in their article, Legal Liability of Online Platforms in Nigeria and the European Union, review the liability of hosting platforms for breach of data privacy and losses arising therefrom. They examine Nigeria’s legal regime on data protection and the EU Directive on Electronic Commerce, the US Digital Millennium Copyright Act, the UK Data Protection Regulation, and the European Union General Data Protection Regulation. The authors delineate the extent to which all the parties in a digital connection are responsible for a wide range of data infractions.
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An Overview of Data Privacy and Data Protection Law in Nigeria
0₦2,500.00Uche Val Obi SAN, Blessing Choko and Adedoyin Fadare posit that the right to data privacy and protection is now an internationally guaranteed right and nations of the world, including Nigeria, put in place regulations and other mechanisms to safeguard data from corruption, compromise or loss. Uche Obi et al. comprehensively review Nigerian laws and regulations dealing with data protection and privacy, including the Nigeria Data Protection Regulation 2019 against the backdrop of international best practices.
