Keywords
Abstract
Surveillance capitalism, the commercial appropriation of personal data, presents significant challenges to privacy and autonomy in the digital economy. This article examines Nigeria’s data protection framework in light of comparative legal regimes. It evaluates the Nigeria Data Protection Act 2023 against the European Union’s General Data Protection Regulation(GDPR), the United States’ sectoral approach and the African Union’s Malabo Convention on Cybersecurity and Personal Data Protection. The analysis demonstrates that while the NDPA reflects global best practices, such as lawful bases for processing, recognition of data subject rights, and proportional obligations for controllers of “major importance”, its efficacy is undermined by weak enforcement, limited public awareness, and broad national security exceptions. Nigerian case law, including Paradigm Initiative v National Identity Management Commission and Omotayo v Airtel Networks Ltd, signals judicial recognition of privacy rights, yet institutional and political constraints persist. The article argues that effective implementation of the NDPA, strengthened judicial oversight, and civil society engagement are essential to safeguarding data privacy in Nigeria’s digital economy.