Right to Privacy, Data Protection and IOTs: An Appraisal of Legal Issues Covering Cross Border Data Transfer

Abstract

This research examines the extent to which the fundamental right to privacy covers the right to data protection alongside a cursory look at the adequacy of the legal framework for cross border data transfer and its effect in Nigeria. The right to privacy is an innate fundamental human right which is globally recognized and must be protected by all states. Over the years, States have been reluctant to pay maximum attention to the threat posed by the acquisition of citizens’ personal data until recent times, especially with growing threat posed by IOTs to the privacy of users. This research will employ the doctrinal research approach with an in-depth analysis of privacy laws of the EU, US, UK and Iceland with regards to the extent to which data privacy is protected as a fundamental right to privacy. The GDPR although European has a strong legal framework for data protection and its effect on giving it as a right similar to that of privacy. Nigeria has the NITDA regulation, nonetheless, the cross-border transfer of data is important to really lock down the restriction of data, thus it should adopt the structure. In summary, the right to data protection is to be considered a fully-fledged right just as it i s in the EU d data protection are not lost to . Technological advancement occurs daily and it is the duty of the law as a normative structure to make sure that the rules of privacy an the binaries and codes of IOTs.

Keywords: Privacy, Data protection regulation, Internet of Things, Data Protection, GDPR, NDPR, Cross-border Data Transfer, Right to Privacy, Personal Data