Is the ‘Right to be Forgotten’ Remembered under Nigerian Digital Laws?

Abstract

The advent of digital technology brought about several possibilities that have defined modern interconnectivity, creating a borderless flow of information. In deference to freedom of speech, expression, thought; and the right to know, statutory provisions favour unbridled access to information as a means of preserving public interest. The conflagration of the freedom of speech and allied rights thereto is not intended to overrule the right to privacy of an individual, recognised as a fundamental, constitutional right meant to prevent unregulated and indiscriminate sharing of personal data in the public domain. Unregulated sharing of private data is invasion of privacy that could result in harm to the data subject. Utilising the doctrinal method, this paper evaluates the protections accorded the data subject under the Nigeria law; particularly the right of the data subject to erasure of digital contents. The paper finds that while the digital subject is entitled to erasure under our laws, such a right apart from not being absolute, is compromised by certain factors, including the nature of internet search machines, digital archiving and access of third parties to viral online data. The paper concludes that technical and legal solutions to the challenges posed by digital invasion of privacy may only be achieved by international collaboration for the development of a global framework for a privacy right that identify enforcement mechanisms and continuous technical adjustment to ensure complete erasure and deactivation of the capacity to share residual or archived private data.