THE RELATIONSHIP BETWEEN DATA PROTECTION AND OTHER HUMAN
RIGHTS.
1.0 Introduction:
The ever changing worth of data in today's 21st century commonly tagged
“Generation-Z” with all its escapades has brought about the fast and speedy access
and distribution of personal information and data through social media. Social media
is the greatest accomplice to the speedy dispensation of personal information around
the world with over 3.6 billion people using the media as at 2020 and estimated to
increase to 4.41 billion by 2025 1 . The easy access and availability of information
including sensitive personal information can be exploited negatively for reasons
ranging from blackmail to fraud. Thus it has become paramount to guard and
regulate the way these data is used.
1.1 Definition of Terms:
Data Protection is the process of safeguarding important information from
corruption, compromise or loss. In this context, data protection means the right to
protect and prevent compromise of certain information in a bid to uphold and protect
human rights including right to privacy2. Privacy is a fundamental right, essential to
autonomy and the protection of human dignity forming the foundation upon which
many other human rights are built3 . Information privacy is the relationship between
the collection and dissemination of data, technology, the public expectation of
privacy, and the legal and political issues surrounding them. It is also known as data
privacy or data protection. Privacy reservations continue to grow wherever personal
sensitive information is collected, stored and deleted either in digital form or
otherwise.
2.0 The Synergy Between Data Protection and Human Rights:
In relation to human rights, data protection is a guideline to the protection of
individuals privacy through access to personal information. Data Protection is fast
becoming an internationally recognised phenomenon however the right to privacy
from inception has been a fundamental right 4 . The importance of data protection
increases as the amount of data created continues to grow at an unimaginable speed.
In Nigeria, first and most importantly the Constitution provides for the right to
privacy of citizens, their homes, correspondence, telephone conversations and
telegraphic communication 5 This ensures that service providers and
1. Statistica Research Department, “How Many People Use Social Media”, September 10,2021 available at
[Link] accessed on September 11, 2021.
2 Constitution of the Federal Republic of Nigeria (hereinafter referred to as CFRN) 1999 (as amended) Section 37.
3 “What is Privacy?” October 23, 2017 available at [Link] accessed on
September 11, 2021.
4 “United Nations Declaration pf Human Rights (UDHR) 1948, Article 12.
5 CFRN 1999, S.37.
telecommunication organisations are accountable to the their users. They do not
disclose the personal information of their users to third party and remedies are also
awarded in cases where there is breach of this right.
The right to privacy is to safeguard personal dignity; it underpins the principle of
honour and other key values such as freedom of speech and association. The right to
privacy extends beyond data protection, encompasses the respect for family life,
religious, political, and sexual preferences, the interception of communications
among others. The protection of privacy is necessary for the legal order to guarantee
respect for personal dignity.
The need to protect the privacy of individuals was given judicial credence in the case
of Godfrey Nya Eneye v. MTN Nigeria Communication Ltd 6 . The respondent, a
lawyer, Mr. Godfrey Eneye took legal action against the telecommunication
company,MTN alleging that without his consent, MTN disclosed his phone number
to unknown third parties who sent unnecessary text messages to him. According to
him, this action was a violation of his fundamental right to privacy as provided by
the constitution. On the same facts, he also claimed that his right of freedom of
association7 and right to liberty8 under the same Constitution were grossly violated
and asked for an injunction compelling MTN to cease further unauthorised access to
his phone number to unknown third parties as well as the resultant unsolicited text
messages. He also demanded various damages for the infringement of his rights.
Justice of the Court of Appeal, Emmanuel Agim, delivering the lead judgment held
that: “by giving those unknown persons and organisations access to the respondent’s MTN
GSM phone number to send text messages to it, the appellant violated the respondent's
fundamental right to privacy guaranteed by Section 37 of the Constitution which includes the
right to the privacy of a person's telephone line. The innumerable text without his consent at
all times is a violation of his fundamental right to the privacy of his telephone conversation...”
The Court of Appeal also awarded him the sum of Five Million Naira as damages for
the violation of his rights. In the same vein, Ezugwu Emmanuel Anene v. Airtel
Nigeria Ltd9, another lawyer, Mr Ezugwu Emmanuel Anene sued Airtel, his service
provider, at the FCT High Court in 2015, alleging that countless unsolicited calls and
text messages by Airtel and third parties it granted access to his number breached his
constitutional right to privacy, among other claims. The trial court awarded the sum
of Five Million Naira (5,000,000.00) damages to him for violation of his privacy right.
6 (2018) LPELR- 46193 (CA).
7 CFRN 1999, S.40.
8 CFRN 1999, S 35
9 (Unreported ) Suit No: FCT / HV / CV/ 545 / 2015
In Nigeria, while there are several legislations such as The Child Rights Act 10, The
Freedom of Information Act 11 , The Central Bank of Nigeria Consumer Protection
Framework12 and the Credit Reporting Act13 among others which contain ancillary
provisions that seek to protect data privacy, the most comprehensive statutory
instrument for this purpose is a subsidiary legislation made pursuant to the National
Information Technology Development Agency Act, 2007 (‘NITDA Act’). The
objectives of the NITDA Regulation are to safeguard the rights of natural persons to
data privacy, foster the safe handling of transactions which involve the exchange of
personal data and prevent acts of manipulation relating to personal data. NITDA
Regulations also stipulate penalties for breach of privacy rights. Breach of the privacy
rights of any Data Subject under the NITDA Regulation shall, apart from other
criminal liability, attract, with respect to Data Controllers dealing with more than
10,000 Data Subjects, payment of a fine of 2% of annual gross revenue of the preceding
year or payment of N10 million, whichever is greater; and with respect to Data
Controllers dealing with less than 10,000 Data Subjects, a fine of 1% of the annual
gross revenue of the preceding year or payment of ₦2 million, whichever is greater14.
The rate of cybercrime in the world is on the increase, it is estimated that more than
half of global internet users have been a victim of cybercrime 15. The disregard of data
protection guidelines does not only violate human right to privacy but could result in
information getting into the wrong hands; defamation, financial loss, fraud,
impersonation among others are the resultant consequences.
3.0 Conclusion:
Without question, there is indeed an unmistakable relationship between data
protection and human rights which is why several countries have adopted the
principles set out in the internationally recognised standards of the General Data
Protection Regulation (GDPR) and fashioned their data protection laws in such
manner. Nigeria is no exception .NITDA Regulation constitutes a transformational
attempt to radicalise the data privacy and protection regime in Nigeria. It has brought
wholesale changes to what hitherto existed and this has gone a long way in
10 Childs Right Act, Section 8 provides that a child is entitled to privacy, family life, home correspondence, telephone
conversation and telegraphic communication.
11 Freedom of Information Act 2011 (FOIA), Section 14 limits the governmental agencies from the disclosure of personal
information of citizens unless consent is obtained or the information is publicly available.
12 The Central Bank of Nigeria Consumer Protection Framework 2016 (CPF), Section 3 (1)(e) stipulates that consumer
information must be protected from unauthorised access and disclosure.
13 The Credit Reporting Act 2017 (CRPA), Section 9 ensures that data subjects that is persons whose data are handled by credit
bureaux are entitled to the privacy, confidentiality and protection of their credit information.
14 NITDA Regulations, Paragraph 3.0(3.1)-(3.8)
15Joseph Johnson,Statistica Research Department, “Cybercrime Encounter Rate in Selected Countries 2019”, January 25,2021
available at [Link] accessed on September
12,2021.
tremendously enhancing the position of the law with regards to data protection and
the protection of fundamental rights.
Submitted by:
Name: Mmesomachukwu Cynthia Ndubueze-Nduka
Level: 200L
Institution: University of Benin
Phone Number: 09072545563
Email: ndukacynthia02@[Link]