supervision of the Honourable Attorney General of the Federation (HAGF).
Accordingly:
a) a transfer of Personal Data to a foreign country or an international
organization may take place where the Agency has decided that the
foreign country, territory or one or more specified sectors within that
foreign country, or the international organization in question ensures an
adequate level of protection;
b) the HAGF shall take into consideration the legal system of the foreign
country particularly in the areas of rule of law, respect for human rights
and fundamental freedom, relevant legislation, both general and sectoral,
including public security, defence, national security and criminal law and
the access of public authorities to Personal Data;
c) implementation of such legislation, data protection rules, professional
rules and security measures, including rules for the onward transfer of
Personal Data to another foreign country or international organization
which are complied with in that country or international organization, caselaw, as well as effective and enforceable Data Subject rights and effective
administrative and judicial redress for the Data Subjects whose Personal
Data are being transferred;
d) the existence and effective functioning of one or more independent
supervisory authorities in the foreign country or to which an international
organization is subject, with responsibility for ensuring and enforcing
compliance with the data protection rules, including adequate enforcement
powers, for assisting and advising the Data Subjects in exercising their
rights and for cooperation with the relevant authorities in Nigeria; and
e) the international commitments of the foreign country or international
organization concerned has entered into, or other obligations arising from
legally binding conventions or instruments as well as from its participation
in multilateral or regional systems, particularly in relation to the protection
of Personal Data.
12
NIGERIA DATA PROTECTION REGULATION