Data Subject Rights

Data Subject Rights


Rights of the Data Subject

The Nigeria Data Protection Regulation (NDPR) provides individuals certain rights concerning the use of their personal information. Organizations are required to evaluate and respond to these rights when they are exercised by data subjects.

  • Right of access: The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information
  • Right to rectification: Individuals have the right to have inaccurate personal data rectified.
  • Right to erasure: Individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances.
  • Right to restrict processing: Data subjects have the right to obtain restriction of processing in certain circumstances. For example, if a data subject contests the accuracy of the personal data, processing may be restricted while its accuracy is being verified. This right also applies where the processing is unlawful but the data subject doesn’t want it to be erased, or where the controller doesn’t need the data but it is still required by the data subject for the establishment, exercise or defence of legal claims
  • Right to data portability: The right to data portability gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format (CSV, PDF, etc.). It also gives them the right to request that a controller transmits this data directly to another controller.
  • Right to Object: individuals have the right to object to the processing of their personal data. This effectively allows individuals to ask you to stop processing their personal data. The right to object only applies in certain circumstances. Individuals have the absolute right to object to the processing of their personal data if it is for direct marketing purposes.
  • Right to be informed: The right to be informed covers some of the key transparency requirements of the NDPR. It is about providing individuals with clear and concise information about what you do with their personal data.
  • Rights related to automated decision making including profiling: Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. The data subject has the right to demand human involvement in decisions that concern him or her.