Section 3 Nigeria Data Protection Act 2023

Section 3 of the Nigeria Data Protection Act 2023 is about Exemption of application. It is under Part I (objectives and Application) of the Act.

(1) This Act shall not apply to the processing of personal data carried out by one or more persons solely for personal or household purposes:
Provided that such processing for personal or household purposes does not constitute a violation of fundamental right to privacy of a data subject.

(2) Subject to the rights and freedoms under the Constitution and the limitations, the obligations under Part V, other than sections 24, 25, 32, and 40 of this Act, shall not apply to a data controller or data processor if the processing of personal data is —
(a) carried out by a competent authority for the purposes of the prevention, investigation, detection, prosecution, or adjudication of a criminal offence or the execution of a criminal penalty, in accordance with any
applicable law ;

(b) carried out by a competent authority for the purposes of prevention or control of a national public health emergency ;
(c) carried out by a competent authority, as is necessary for national security ;
(d) in respect of publication in the public interest, for journalism, educational, artistic and literary purposes to the extent that such obligations and rights are incompatible with such purposes ; or

(e) necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings, or in an administrative or out-of-court procedure.

(3) The Commission may by regulation prescribe types of personal data and processing that may be exempted from application of this Act.

(4) Notwithstanding the provisions of this Act, the Commission may issue a guidance notice containing legal safeguards and best practices to a data controller or processor, in respect of any aspect of data processing
exempted under this section where in the opinion of the Commission, such processing violates or is likely to violate sections 24 and 25 of this Act.