Does the Nigeria Data Protection Act (NDPA)Regulate Artificial Intelligence?
Domain:
digital infrastructureRecord type:
paper
Creator:
Ola
Publisher:
Host:
The Nigeria Data Protection Act (NDPA) 2023 represents the country's primary legal framework for the processing of personal data. Given that data constitutes the foundational architecture of Artificial Intelligence (AI) systems, this paper examines whether the NDPA effectively regulates AI technologies in the absence of a dedicated AI law in Nigeria. Although the NDPA makes no explicit mention of Artificial Intelligence, this paper argues that the Act remains a relevant and authoritative instrument for the regulation of AI.
Through a detailed analysis of Sections 24, 25, and 37, the paper demonstrates how core principles of data protection-lawfulness, fairness, transparency, accountability, purpose limitation, and the right not to be subject to solely automated decision-making-apply directly to AI systems. The paper concludes that while the NDPA provides a solid foundational layer for AI governance, it is not a comprehensive AI regulation. Nigeria still requires a dedicated, risk-based AI framework to address the unique challenges of generative AI, deepfakes, and high-risk automated systems.