A New Basis For Processing Personal Data In Nigeria

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How Does It Compare To Existing Lawful Bases And Data Subject Rights?

The Nigeria Data Protection Act, 2023 (“NDPA” or the “Act”) aims to establish a stable, uniform and conducive regulatory framework for individuals and organisations involved in data processing operations, either as businesses dealing with personal information of natural persons within their target markets (“entities”) or as clients and prospects of the various businesses (“data subjects”).

Legitimate interest is one of the lawful bases recognized under the NDPA for which entities may process personal data. This is a recent development as Legitimate Interest was not among the five lawful bases recognized under the Nigeria Data Protection Regulation (“NDPR”) for processing of personal data. The inclusion of legitimate interest by the NDPA brings the country’s data processing regime in line with international best practices and increases the lawful bases for processing of personal data from five to six.

What does legitimate interest mean, and what factors would make it an appropriate basis for processing personal data as opposed to other lawful bases?

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