The digital age has ushered in an era where data is the lifeblood of countless operations in Nigeria, as it is globally. However, this proliferation of data processing necessitates a robust framework for safeguarding individual privacy, which is enshrined within the Nigeria Data Protection Act (NDPA) and further clarified by the NDPA General Application Implementation Directive (GAID). In this context, the concept of “legitimate interest” emerges as a critical, yet often complex, lawful basis for data processing. This article delves into the intricacies of legitimate interest, drawing upon the specific regulatory guidance provided by the NDPA and GAID to elucidate its application and the stringent requirements imposed on data controllers operating within Nigeria.
Legitimate Interest and Data Subject Rights in Nigeria
The cornerstone of responsible data handling within Nigeria, as stipulated by the NDPA, lies in striking a delicate balance between the data controller’s interests and the fundamental rights and freedoms of data subjects. Legitimate interest, as a legal basis for processing, acknowledges that certain data processing activities, while not explicitly mandated by contract, law, or public interest, can still be justifiable. However, this justification is not automatic; it necessitates a rigorous and documented assessment, as highlighted within the GAID.
The NDPA and GAID emphasize the need for data controllers to tread carefully when invoking legitimate interest. It is not a catch-all provision, but rather a basis that demands meticulous scrutiny. Crucially, a data controller operating within Nigeria must be prepared to demonstrate, during a compliance audit conducted and filed with the Nigeria Data Protection Commission (NDPC), the precise foundation for their reliance on legitimate interest. This underscores the importance of maintaining thorough records and adopting a proactive approach to compliance, aligning with the requirements detailed within the GAID.
Nexus with Other Lawful Bases as Defined by the NDPA
Furthermore, the concept of compatibility plays a pivotal role, as explicitly outlined in Section 25 (2) of the NDPA. The NDPA links legitimate interest to other lawful bases, such as contract, vital interest, legal obligation, or public interest. This implies that reliance on legitimate interest must be anchored in a demonstrable connection to one of these established bases. In essence, the legitimate interests pursued must be compatible with, or derived from, these recognized justifications as defined within the NDPA.
The Legitimate Interest Assessment (LIA) as Prescribed by the GAID
To ensure compliance within Nigeria, data controllers are mandated to conduct a Legitimate Interest Assessment (LIA) before initiating any data processing activities. This assessment, as prescribed in Schedule 8 of the GAID, serves as a structured framework for evaluating the necessity and proportionality of the processing.
Conclusion
Organizations that rely on legitimate interest must ensure compliance by taking several important steps. Conducting a Legitimate Interest Assessment (LIA) is essential, as it helps justify and document the decision to process data. Furthermore, organizations should embed privacy by design and by default, ensuring that data minimization, anonymization, or pseudonymization is considered. They must also ensure that the lawful basis for processing aligns with contractual obligations, legal obligations, vital interests, or public interest. Additionally, they should eliminate processing activities that might overreach data subjects’ rights, such as behavioral monitoring, profiling, or targeted advertising without clear justification.
