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Why I sponsored Nigeria Data Protection Act 2023 Amendment—Nwoko

By Deborah Coker

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Abuja, Nov. 21, 2024 (NAN) Senator Ned Nwoko (PDP-Delta) has said that his amendment bill on the Nigeria Data Protection Act 2023 will ensure compliance with global best practices and provide economic and security benefits to the nation.

Nwoko representing Delta North Senatorial District made the assertion on his move to further protect data in the country while speaking with the News Agency of Nigeria (NAN) in Abuja on Thursday.

Nwoko who is the Senate Committee Chairman on Reparations and Repatriations said the bill has passed through first reading.

He said the amendment also aims to enhance the swift resolution of complaints, foster stakeholder confidence.

The bill seeks to mandate social media platforms, data controllers, and data processors operating within Nigeria to establish and maintain physical offices.

It is entitled “A Bill for an Act to Alter the Nigeria Data Protection Act, 2023, LFN, to Mandate the Establishment of Physical Offices within the Territorial Boundaries of the Federal Republic of Nigeria by Social Media Platforms and for Related Matters”.

“I proposed in the bill that Section 5 of the 2023 Act be altered by the addition of a new article P.

“It shall read that the commission shall mandate all data controllers, data processors, or operators of social media platforms to establish and maintain a physical office situated within the territorial boundaries of the Federal Republic of Nigeria.

“Failure to comply with this requirement for a continuous period of 30 days shall render the entity liable to a prohibition from conducting operations within the jurisdiction of Nigeria’’, he told NAN.

He further proposed that that Section 65 of the Principal Act be altered by the addition of new terms and their interpretations.

“They shall read that Data Controllers means entities that determine the purposes and means of processing personal data and bear legal responsibility for compliance with data protection laws”, he said.

He said Data Processors in the context of the bill meant entities that process personal data on behalf of a data controller based on specific instructions and without autonomy over the purposes or means of processing.

“Operators of Social Media Platforms means legal persons or entities responsible for owning, managing, or controlling digital platforms that facilitate user interaction, content sharing, or communication.

Nwoko said Physical Offices as referred to in the bill means a fixed and operational business location within the Federal Republic of Nigeria.

He said they should be staffed and authorised to engage with regulators, stakeholders, and the public for the purpose of fulfilling legal and operational obligations.

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