The Nigeria Data Protection Act (NDPA) 2023 grants individuals the right to lodge a complaint with the supervisory authority, the Nigeria Data Protection Commission (NDPC), if they believe their personal data has been processed in violation of the Act. This right is in line with similar regulations like the EU’s GDPR and can be exercised without prejudice to any other legal remedies.
How to lodge a complaint
- Identify the issue: Determine if the processing of your personal data violates the NDPA.
- Contact the authority: File a complaint with the Nigeria Data Protection Commission (NDPC).
- Inform the complainant: The supervisory authority must inform you of the progress and outcome of the complaint, including the possibility of a judicial remedy.
Legal basis
- NDPA 2023: Section 46(f) of the NDPA 2023 explicitly states the right to lodge a complaint with the commission.
- GDPR: The EU’s GDPR also gives data subjects the right to lodge a complaint if they believe their rights have been infringed.
Scope of the Right
A data subject may file a complaint with the NDPC when:
- Their personal data has been processed unlawfully or without consent,
- A data controller or processor fails to respond to a data subject request (e.g., access, rectification, deletion, or restriction of processing),
- There is a data breach that affects their rights and freedoms,
- Their data is transferred abroad without adequate safeguards,
- They experience discrimination, profiling, or misuse of personal data.
For more information on the NDPA, you can read the full text of the Nigeria Data Protection Act 2023
