Privacy Law and Technology in Nigeria: The Legal Framework will not Meet the Test of Adequacy as Mandated by Article 25 of European Union Directive 95/46

摘要

Nigeria is one of the biggest and fastest telecommunications markets in Africa and has huge potential for information technology (IT) market growth. With nearly 70 million Muslims (roughly half the population), it is also the country with the largest number of members of the Islamic faith in sub-Saharan Africa. While government policies and public-private initiatives such as 'Computers for all Nigerians' may have a significant impact in the mid-term, a relatively low percentage of IT penetration and an unreliable power infrastructure has not fuelled concern about European Union-style data protection laws. Value-added systems in Nigeria's fast-developing information and communication technology (ICT) sector may, however, lead to the possibility of export of personal data from the EU to Nigeria. This article considers the test of adequacy and its requirements as laid down in EU Directive 95/46. It then evaluates the Nigerian privacy provisions, keeping in view of the test laid down by the Directive, to come to the conclusion that the legal framework will fail to meet the test of adequacy, but that other remedies may be available. The author takes the view that the current situation is the not the result of influence by any religious faith, but is simply brought about by economic circumstances and the rate of infrastructural growth.