Legal Dimensions of Genetic Data Privacy in Nigeria: Gaps in Existing Frameworks

Advances in genetic testing technology have enabled new categories of personal data, including genetic profiles, disease susceptibility information, and ancestry data, to be generated and processed in Nigeria without adequate private law protection frameworks. This study examines the legal dimensions of genetic data privacy in Nigeria, analysing the gaps in the Nigeria Data Protection Act 2023, the Health Records and Information Management Act, and constitutional privacy provisions in addressing the specific sensitivities of genetic information. Using a doctrinal and empirical methodology, the research reviews relevant legislation and 15 reported cases involving health data privacy from 2018 to 2024, supplemented by interviews with 15 data protection lawyers, 10 biomedical researchers, and 10 healthcare information officers in Lagos and Abuja. The study examines how genetic data collected by hospitals, insurance companies, and research institutions is processed, stored, and potentially misused without specific consent frameworks tailored to the distinctive characteristics of genetic information. Comparative analysis with the European Union's General Data Protection Regulation's special category data provisions and the United States Genetic Information Non-Discrimination Act informs a reform agenda. Findings reveal significant regulatory blind spots and the absence of genetic data-specific consent requirements in Nigerian law. Recommendations include a dedicated genetic data protection framework, mandatory anonymisation standards for research use, prohibition on genetic data use by insurers, and establishment of an ethics review requirement for all genetic research in Nigeria. Keywords: genetic data, privacy law, data protection, health information, Nigeria