Section 31 Nigeria Data Protection Act 2023

Section 31 of the Nigeria Data Protection Act 2023 is about Children or persons lacking the legal capacity to consent. It is under Part V (Principles and Lawful Basis Governing Processing of Personal Data) of the Act.

(1) Where a data subject is a child or a person lacking the legal capacity to consent, a data controller shall obtain the consent of the parent or legal guardian, as applicable, to rely on consent under this Act.

(2) A data controller shall apply appropriate mechanisms to verify age and consent, taking into consideration available technology.

(3) For the purposes of subsection (2), presentation of any government approved identification documents shall be an appropriate mechanism.

(4) subsection (1) shall not apply, where the processing is —
(a) necessary to protect the vital interests of the child or person lacking the legal capacity to consent ;
(b) carried out for purposes of education, medical, or social care, and undertaken by or under the responsibility of a professional or similar service provider owing a duty of confidentiality ; or
(c) necessary for proceedings before a court relating to the individual.

(5) Where the circumstance relates to the processing of personal data of a child of 13 years and above in relation to the provision of information and services by electronic means at the specific request of the child, the Commission shall make regulations in accordance with the objectives of this Act.

(6) Nothing in this Act shall be construed as authorising data processing in respect of a child in a manner that is inconsistent with the provisions of the Child’s Right Act.