Protecting Children’s Data within the Administration of Justice System in Nigeria

Abstract

The global shift toward digital governance significantly transformed the administration of justice, intensifying the collection, processing, and storage of personal data, including that of children. In Nigeria, this transformation occurred in the absence of a comprehensive legal framework to protect the data privacy rights of minors engaged with the justice system as victims, witnesses, or alleged offenders. This Article examined the legal and institutional mechanisms that governed the treatment of children’s data within Nigeria’s law enforcement, judicial, and correctional systems. It situated the Nigerian context within the framework of international and regional human rights obligations, including the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, as well as domestic instruments such as the Child Rights Act 2003 and the Nigeria Data Protection Act 2023. The study identified significant legal and procedural gaps, particularly in the areas of consent, data minimization, accountability, and the absence of child-sensitive data governance protocols. Drawing on international best practices, the Article proposed a rights-based framework anchored in the principles of necessity, proportionality, and the best interests of the child. It concluded that the unregulated datafication of children within the justice system not only heightened their vulnerability but also risked violating both international data protection standards and fundamental child rights norms.