ENFORCEMENT OF THE RIGHT OF ERASURE IN AFRICA: A COMPARATIVE SOCIO-LEGAL STUDY

Abstract

The paper explores the enforcement of the right of erasure in Africa, focusing on a comparative legal and sociological analysis. With the surge in internet users in Africa, the need to protect data subjects' personal information has become paramount. The ‘Right to be Forgotten,’ rooted in the European Union's jurisprudence, allows individuals to limit, delete, or correct misleading or irrelevant personal information on the internet. This research delves into the backdrop of the right of erasure in Nigeria, evaluating its legislative and sociological frameworks, and comparing them with European norms. The historical evolution of this right, particularly through the landmark Google Spain case, is examined, emphasizing its incorporation into the General Data Protection Regulation (GDPR). In the context of Nigeria, the study analyzes the provisions of the Nigeria Data Protection Act, 2023 (NDPA) and the Nigeria Data Protection Regulation (NDPR), highlighting potential conflicts and similarities. A comparative analysis with other common law jurisdictions, including the United Kingdom, South Africa, and Ghana, reveals variations in the grounds for erasure. The work also addresses the delicate balance between the right to erasure and the right to information, emphasizing the need for a nuanced understanding of both in the digital age. The study used the Doctrinal legal research methodology, and it is analytical and descriptive in nature. This study employed aids and texts from various online materials, journal articles, and newspapers articles. The research found that Nigerian courts can contribute to the development of a robust legal framework that protects individuals' right to erasure in the evolving digital landscape. In form recommendations to Nigerian Courts, the research outlined key steps for a systematic analysis of the application of the right to erasure. These steps include grasping the legislative framework, clarifying the scope of the right, balancing rights and interests, establishing grounds for erasure, assessing technological realities, and ensuring adequate remedies.