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BALANCING EMPLOYEE PRIVACY RIGHTS AND EMPLOYER OBLIGATIONS UNDER NIGERIA'S DATA PRIVACY LAWS

  • Writer: Damilola Fadumila
    Damilola Fadumila
  • Jun 24
  • 3 min read

By O.I.D. Legal Consult


Introduction

In today’s data-driven workplace, the handling of employee data has become a fundamental aspect of business operations. However, this also raises serious legal concerns about employee privacy. The Nigerian Data Protection Act (NDPA) 2023, along with Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), lays the groundwork for respecting and enforcing the privacy rights of employees.

This guide by O.I.D. Legal Consult, your trusted partner in employment and data protection compliance, offers practical insights into balancing privacy rights with employer obligations.

Understanding Key Terms Under the NDPA

  • Data Subject: The employee whose data is being collected and processed.

  • Data Controller: The employer, who determines the purpose and method of processing data.

  • Data Processor: Any third party engaged by the employer to handle employee data, such as pension fund administrators or payroll providers.

Examples of personal data: full names, BVNs, contact details, health information, tax data, next-of-kin info.

Employee Rights Under the NDPA

✅ Right to Information (Section 34)

Employees have a legal right to know:

  • Whether their data is being processed

  • Why and how it’s being processed

  • Data recipients

  • Data retention duration

  • Source of data

  • Existence of automated decision-making systems


✅ Right to Withdraw Consent (Section 35)

Employees can revoke consent at any time, compelling employers to stop further data processing unless legally required.


✅ Right to Object (Section 36)

An employee can object to the processing of personal data, especially where it is not legally

justified.


✅ Right to Security and Breach Notification (Sections 39–41)

Employers must:

  • Protect employee data from unauthorized access, theft, or misuse.

  • Notify the Nigeria Data Protection Commission (NDPC) within 72 hours in case of a data breach.


✅ Right to Cross-Border Data Protection (Section 41)

Employee data must not be transferred outside Nigeria unless the destination ensures data protection standards in line with the NDPA.

Employer Obligations for NDPA Compliance


🔒 Legal Grounds for Processing Data (Section 25)

Processing is lawful only when based on:

  • Performance of employment contract

  • Compliance with tax, pension, and labor laws

  • Legitimate business interest (with safeguards)

  • Consent from the employee

📝 Privacy Policies


Employers must publish a clear and accessible privacy policy that outlines:

  • Types of data collected

  • How and why data is processed

  • Employee rights and data handling procedures

  • Data retention and third-party access


✔️ Consent Protocols

  • Consent must be informed, specific, and freely given

  • Employers must allow withdrawal of consent without penalty


📢 Transparency in Monitoring

  • Monitoring (e.g., CCTV, biometric logging, emails) must be disclosed and limited to business-related justifications


👥 Staff Training & Compliance Systems

  • Train HR and IT staff on privacy obligations

  • Maintain internal compliance logs and conduct regular audits


Reconciling Legitimate Interests with Employee Privacy

To balance efficiency with privacy:

  • Limit data collection to only what's necessary

  • Justify every data use case

  • Encourage a culture of transparency and accountability

Risks of Non-Compliance

Failure to comply with the NDPA may result in:

  • Hefty regulatory fines

  • Civil suits for breach of privacy

  • Loss of trust and reputational damage

🛡️ O.I.D. Legal Consult provides audit, advisory, and staff training solutions to help organizations meet regulatory expectations and foster a privacy-respecting workplace culture.

Conclusion

Employee privacy is not just a constitutional guarantee—it’s a strategic necessity. As employers collect more personal data than ever before, aligning business operations with the provisions of the Nigerian Data Protection Act, 2023 is essential. Organizations that embrace data privacy as a core compliance and HR issue will not only avoid legal pitfalls but will also build trust and loyalty among their workforce.

Need Help Navigating NDPA Compliance?


📞 Contact O.I.D. Legal Consult today for tailored legal advice, policy development, and training for your HR and IT teams.

🔗 www.oidlegal.com📧 oidlegalconsult@outlook.com📍 Lagos, Nigeria


 
 
 

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