By
Kwame-Okpu Aghoghovwia
Abstract
Nigeria’s data protection regime, while robust in many respects, must expand to adequately address neurotechnology and the protection of neural data. Neurotechnology refers to devices that interface with the nervous system for medical, research, or consumer purposes, while neural data are the signals generated through such interfaces and processed to infer neural activity. Neural data can reveal highly sensitive information, including thoughts and health status. It presents privacy risks beyond conventional categories of personal data and challenges traditional notions of privacy. This paper assesses Nigeria’s legal readiness for neurotechnology by examining whether existing constitutional and statutory frameworks are sufficient to address the privacy risks posed by neurotechnological applications. The analysis considers the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Nigeria Data Protection Act 2023 and its 2025 Guidelines, the National Mental Health Act, the National Health Act, and the Cybercrimes (Prohibition, Prevention, etc.) Act. The study finds that although these instruments provide a general foundation for privacy and data protection, they contain little to no express recognition of neurotechnology or neural data and lack sufficient interpretive guidance to address the distinctive privacy risks associated with neurotechnological use. As adoption accelerates, these gaps may undermine effective protection. The paper concludes that Nigeria must address the absence of explicit recognition of neurotechnology and supplement its existing framework with targeted interpretive measures. It recommends clarifying the legal status of neural data within Nigeria’s data protection regime and adopting incremental regulatory guidance issued by the Nigeria Data Protection Commission.