Section 58 Nigeria Data Protection Act 2023
Section 58 of the Nigeria Data Protection Act 2023 is about Power of arrest, search, and seizure. It is under Part XI (Legal Proceedings) of the Act.
(1) The Commission shall apply ex-parte to a Judge in Chambers for the issuance of a warrant for the purpose of obtaining evidence in relation to an investigation.
(2) A Judge may issue a warrant under subsection (1) on the satisfaction that —
(a) a person has engaged, is engaging, or is likely to engage in a conduct that contravenes the provisions of this Act ;
(b) the warrant is sought to prevent the commission of an offence under this Act ;
(c) the warrant is sought to prevent interference with investigative process under this Act ;
(d) the warrant is for the purpose of investigating data security breaches and data privacy breaches, or obtaining electronic evidence ; or
(e) the person named in the warrant is preparing to commit an offence under this Act.
(3) A warrant issued under subsection (2) shall authorise the Commission to —
(a) in the company of a law enforcement officer, enter and search any premises, where —
(i) an offence under this Act is being committed,
(ii) there is evidence of the commission of an offence under this Act or other relevant law,
(iii) there is an urgent need to prevent the commission of an offence under this Act or other relevant law, or
(iv) where there is reasonable suspicion that a crime under this Act is
or about to be committed ;
(b) stop and search any person found on such premises ;
(c) enter and search any conveyance found on the premises ;
(d) seize, seal, remove, or detain anything which is, or contains evidence of the commission of an offence under this Act ;
(e) use or cause to be used a computer or other devices to search any data contained in or available to any computer system or computer network;
(f ) use any technology to decode or decrypt any coded or encrypted data contained in a computer into readable text or comprehensible format ; or
(g) require any person having charge of or conversant with the operation of a computer or electronic device in connection with an offence under this Act to produce such computer or electronic device.
