Lawyard’s Post

Reinforcing Protection of Data Privacy Rights in Nigeria: A Review of the Federal High Court Decision in the Case of Miss Folashade Molehin v United Bank for Africa Plc https://lnkd.in/dUS6vJM3 The evolution of data privacy rights in Nigeria reflects the growing global emphasis on safeguarding personal information in the digital age. With the increasing digitization of services and the collection of vast amounts of data, Nigeria has recognized the need to protect the privacy rights of its citizens. The Nigerian Data Protection Regulation (“NDPR”), introduced in 2019 and the Nigerian Data Protection Act (“NDPA”), enacted in 2023 have been a pivotal step in this direction, laying down rules and guidelines for the processing of personal data. However, the protection of these rights hinges on the effective enforcement and adjudication by Nigerian courts. Full Article by The Law Crest LLP

📰 Facilitating Privacy Compliance in Nigeria: Key Issues in the General Application and Implementation Directive (GAID) Draft 2024 Read more ➡️https:// https://lnkd.in/eucUrUtX #DataProtection #DataPrivacy

Publication Alert! In this article, I discussed the implications or the legal effects of the recent decision of the Federal High Court in the case of Molehin V United Bank For Africa PLC. "In a recent decision of the Federal High Court, sitting in Lagos, in the case of Miss Folashade Molehin V United Bank For Africa PLC (FHC/L/CS/2625/2023), the applicant, Miss Folashade Molehin challenged the wrongful processing of her personal data without her consent by the respondent. The court examined in detail what constitute breach of privacy. It also posits that wrongful processing of personal data is a breach fundamental right to privacy." Read more by clicking the link below👇 https://lnkd.in/dwbtr2xG #Privacy #DataPrivacy #DataProtection #Fundamentalrights

in her report to the Human Rights Council, UN Special Rapporteur Ana Brian Nougrères emphasised the need for countries to actively support privacy and data protection rights, beyond mere respect and non-violation. After analysing data protection and privacy laws in five countries - Australia, Ecuador, Singapore, South Africa and Spain - she highlighted the importance of legislation that empowers individuals to control their personal data and seek remedies for breaches. Nougrères urged governments to strengthen legal frameworks for data protection, incorporate effective protections from other nations, and improve education on data protection and privacy to ensure individuals can effectively exercise and enforce their rights. ..:: Follow Purpose and Means for daily updates about privacy & emerging technology issues ::… #RightsAndFreedoms #Privacy #DataProtection https://lnkd.in/ddPk6S4F

Rights watered down in draft privacy and data protection bill in Namibia - Association for Progressive Communications: Rights watered down in draft privacy and data protection bill in Namibia  Association for Progressive Communications

Data privacy is no longer optional—it’s a business imperative. Namibia’s proposed Data Protection Bill, 2023 is a pivotal step toward safeguarding personal information in line with global best practices. The Bill introduces significant obligations for organisations handling personal data, making it essential for businesses to start preparing now. In this article, my colleagues and I discuss the importance and impact of the Bill. If you need help getting your organisation ready, reach out to us. #dataprivacy #ENS #Namibia Ridwaan Boda Naledi Ramoabi Marsha Shaanika

🎁 Advancements in EU-US Data Privacy: EDPB's New Documents to Support the DPF In a significant move to bolster the EU-US Data Privacy Framework (#DPF), the European Data Protection Board (EDPB) has released a suite of documents on April 24, 2024, aimed at streamlining the implementation of the DPF's redress mechanisms. These documents include the EDPB's Rules of Procedure, a public information note, and template complaint forms, all designed to facilitate the process for EU individuals seeking to address their data privacy concerns. ➡️ Understanding the Redress Mechanisms The DPF has established two distinct redress mechanisms to address complaints from EU individuals. These mechanisms are tailored to handle issues within their specific realms of competence: one for national security and the other for commercial purposes. It's important to note that these mechanisms are only applicable to data transferred after July 10, 2023. ➡️ National Security Complaints and Executive Order 14086 A cornerstone of the DPF Adequacy decision, adopted on July 10, 2023, is the U.S. President Biden's Executive Order 14086, which was signed on October 7, 2022. This order, along with subsequent regulations and policies, has established a new redress mechanism specifically for national security concerns. This mechanism is designed to address and resolve complaints from EU and EEA data subjects regarding the unlawful access and use of their personal data by U.S. signals intelligence activities. ➡️ Scope of the National Security Redress Mechanism The national security redress mechanism is comprehensive in its scope. It applies to complaints related to data transmitted to the U.S. under any transfer tool, including the DPF Adequacy decision, standard or ad hoc contractual clauses, binding corporate rules, codes of conduct, certification mechanisms, and even derogations. However, it's crucial to remember that this mechanism only covers data transmitted after July 10, 2023. ➡️ A Step Forward for Data Privacy The EDPB's latest documents represent a significant step forward in the protection of personal data and the facilitation of redress for EU individuals. By providing clear procedures and resources, the EDPB is ensuring that the rights of individuals are upheld and that the mechanisms of the DPF are effectively implemented. For organizations involved in transatlantic data transfers, it is essential to stay informed about these developments and understand the implications for data privacy compliance. The EDPB's efforts to provide clarity and support through these documents are a welcome development in the ongoing quest to balance data utility with privacy rights. #EUUSDataPrivacy #EDPB #DataProtection #DPF #PrivacyFramework #DataTransfers #RedressMechanisms #ExecutiveOrder14086 #DataPrivacyRights

The call for amending POPIA to impose immediate fines upon violations reflects a critical need for stronger enforcement mechanisms in South Africa's data protection landscape. The current grace period allows responsible parties time to rectify compliance issues before penalties are applied, which undermines the urgency required to safeguard personal information effectively. Comparatively, the European Union’s GDPR enforces immediate financial repercussions for non-compliance, thereby fostering a culture of accountability among organizations. This proactive approach not only deters potential violations but also reinforces the importance of data protection as a fundamental right. The recent R5 million fine levied against the Department of Justice for failing to comply with an enforcement notice underscores the inadequacy of the existing framework; despite this historic penalty, further enforcement actions have been sparse. The proposed amendments could lead to more consistent and rigorous enforcement of POPIA, ensuring that organizations prioritize data security and compliance. Given that personal information breaches can have severe consequences for individuals, it is imperative that South Africa aligns its regulatory practices with international standards. https://lnkd.in/d8yXNWfz #dataprotection #popia #technologylaw

Right to Privacy of Personal Digital Data-Historical Perspective and Legislative Framework - CA. Rajeev K Sharma and CA. Tarjani Shah The article discusses the evolution of the right to privacy in India and provides an overview of the Digital Personal Data Protection Act, of 2023. With over 700 million internet users, safeguarding personal digital data has become essential in today's digital era. The article highlights the significance of legislative action for data protection, given the increasing digitalization of personal information, privacy concerns, and the rise of data breaches. Historically, the right to privacy was recognized as a fundamental right under Article 21 through various Supreme Court rulings, culminating in the landmark K.S. Puttaswamy judgment. The Digital Personal Data Protection Act, 2023, was enacted to address the inadequacies of earlier regulations like the IT Act of 2000. It ensures stricter data protection by defining key data rights, regulating data processing, and imposing significant penalties for non-compliance, thus establishing a comprehensive legal framework for data privacy. Link: https://lnkd.in/gjhkuTsH