CHALLENGES TO THE PROTECTION AND ENFORCEMENT OF PRIVACY RIGHTS OF NIGERIAN WORKERS UNDER THE NIGERIAN DATA PROTECTION ACT 2023

Abstract

The Nigerian Data Protection Act, 2023 represents a landmark legislative intervention aimed at
safeguarding the fundamental right to privacy under Section 37 of the 1999 Constitution while
regulating the processing of personal data in an increasingly digital economy. Through a doctrinal
legal analysis of the Act’s objectives, this study evaluates the extent to which the NDPA strengthens
protections against workplace surveillance, biometric data collection, HR record retention, crossborder transfers of employee data, and automated decision-making in recruitment or performance
evaluation. This study appraises the NDPA’s provisions in the specific context of workers’ rights,
examining how the Act balances employers’ operational needs with employees’ data privacy
interests in the employment relationship. The appraisal reveals notable strengths: the introduction
of legitimate interest as a lawful basis, enhanced accountability and security obligations on data
controllers and processors, mandatory data protection impact assessments for high-risk
processing, and robust rights to access, rectification, erasure, objection, and (prospectively)
portability. These provisions empower workers as data subjects and impose clear obligations on
employers. However, critical gaps persist. The Act lacks specific rules on workplace monitoring
(for example, CCTV, email surveillance, or GPS tracking), relies on consent in a context where
power imbalances undermine its voluntariness, and does not expressly address collective worker
rights or the interplay with labour legislation. Enforcement challenges and the absence of detailed
subsidiary regulations further limit its efficacy. This study concludes that while the NDPA marks a
progressive shift from the Nigeria Data Protection Regulation 2019, and recommends targeted
regulatory guidelines from the Nigeria Data Protection Commission (NDPC) and possible
legislative amendments are essential to fully realise its protective potential for Nigerian workers.