NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
Data protection Data protection is an integral aspect of AI as AI systems rely on a vast amount of data to func - tion. Although recourse is not made expressly to processing in the context of AI in the NDPA, the NDPA requires that the data subjects be made aware of the processing of their per - sonal data prior to the commencement of the processing activity. Accordingly, AI developers should inform individuals before they can use the personal data of the individuals to train their AI models. The NDPA also mandates that data controllers (including AI developers and deploy - ers) inform data subjects about the existence of automated decision-making processes. Intellectual property The training of AI models with copyrighted mate - rials should comply with the CA 2022. A critical IP consideration is the ownership of AI-generat - ed works. Nigerian IP laws currently lack provi - sions on ownership of AI-generated works, leav - ing the ownership of these works in a grey area. Fundamental human rights The right to privacy and freedom from discrimi - nation are two essential fundamental human rights provided for in the 1999 Constitution of Nigeria (the “Constitution”). AI systems must be built to ensure that the right to privacy is not breached. It is also important to ensure that AI systems are trained on unbiased data to prevent bias and discrimination against any person or a group of people in AI outputs.
sions of the NDPA, the CA 2022, the FCCPA, the Cybercrimes Act, the SEC Rules on Robo- Advisory Services 2021 etc may all impact the use of AI in Nigeria. Deepfake Technologies The CA 2022 protects original works of creators, including literary, musical and artistic works, audiovisual, sound recordings and broadcasts. The CA 2022 recognises and protects the mor - al rights of the original creators of works that are eligible for copyright protection. Therefore, where a person’s moral rights are breached by deepfake technologies, the person can have recourse to the remedies provided under the CA 2022. With respect to a person’s likeness, the CA 2022 protects artistic and cinematographic works, which may include depictions of a person’s personality or image through mediums such as photographs, paintings, sculptures, or cinema - tography. Consequently, a person’s likeness that has been reduced to an artistic work such as a photograph is protected from unauthorised exploitation. A person’s likeness such as the person’s face, voice and mannerisms qualify as personal data under the NDPA, and as such the use of a person’s likeness needs to comply with the requirements of the NDPA. Relevant Laws or Regulations About Applications of AI in Transport There are no laws or regulations that specifically address the application of AI in transport. Relevant Elements Liability Where any harm is caused by an AI system, the developers or users of the AI system, may be liable for such harm under the law of tort.
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