Over the past few weeks, our #PrivacyPlease series has provided a detailed analysis of some key provisions in the Nigeria Data Protection Act (NDPA) 2023. So far, we have discussed the introduction of a ‘New Categorization of Data Controller/Processor & the Duty to Register as a Data Controller and Processor of Major Importance’ and ‘Cross-Border Transfer of Personal Data.’
One of the significant additions of the NDPA is an additional lawful basis for processing personal data – Legitimate Interest. Lawful basis simply means the justification or condition of processing Personal Data. The NDPA provides six (6) lawful bases that data processors can rely on, and Legitimate Interests are generally regarded as one of the most flexible lawful bases. This week, our focus will be on this lawful basis and its impact on businesses.