Right to Report a Data Privacy Violation Explained: How to Complain to Regulators Under NDPA

This article is part of our Data Subject Rights series, explaining individual rights under NDPA, GDPR, and global data protection laws

Data protection laws are only as strong as their enforcement. When organizations misuse personal data, suffer preventable data breaches, or ignore the rights of individuals, the law gives data subjects a powerful remedy: the Right to Report a Data Privacy Violation. This right ensures that individuals are not left helpless when their personal information is exposed, misused, or processed unlawfully.

Under the Nigeria Data Protection Act (NDPA) — and similarly under global frameworks like the GDPR — individuals have the legal authority to lodge complaints with regulators, trigger investigations, and in some cases obtain redress or compensation. This article explains what constitutes a data privacy violation, when and how you can report it under the NDPA, what regulators look for, and what outcomes you can realistically expect.

What Is the Right to Report a Data Privacy Violation?

The Right to Report a Data Privacy Violation allows a data subject to formally complain to a supervisory authority when they believe their personal data has been:

• Collected unlawfully
• Used beyond its stated purpose
• Exposed through a data breach
• Retained longer than necessary
• Processed in violation of their data protection rights

In Nigeria, this right is enforced through the Nigeria Data Protection Commission (NDPC), the statutory regulator empowered by the NDPA to investigate complaints, issue corrective orders, and impose administrative penalties.

This right is critical because it shifts data protection from a theoretical concept into a practical enforcement mechanism.

What Qualifies as a Data Privacy Violation?

Not every inconvenience is a legal violation. Regulators typically look for breaches of specific data protection obligations.

Common Examples of Reportable Violations

Type of Violation	Practical Example
Unlawful processing	Using your data without consent or legal basis
Data breach	Personal data exposed through hacking or negligence
Failure to honor rights	Ignoring access, deletion, or rectification requests
Excessive data collection	Collecting more data than necessary
Unauthorized sharing	Selling or disclosing data to third parties
Poor security measures	Lack of safeguards leading to exposure

Under the NDPA, organizations are legally required to implement appropriate technical and organizational measures to protect personal data. Failure to do so may trigger regulatory action. (ndpc.gov.ng)

Why This Right Matters: Real-World Impact

Globally, regulatory data shows that complaints by individuals are one of the primary drivers of enforcement actions. Under the GDPR, supervisory authorities receive hundreds of thousands of complaints annually, many of which lead to corrective orders or fines. (gdprinfo.eu)

In Nigeria, the NDPC has increasingly emphasized complaint-led investigations, especially in sectors such as:

• Financial services
• Telecommunications
• Digital lending platforms
• Health and education technology

This demonstrates a clear message: individual complaints matter and can influence regulatory priorities.

Legal Basis Under NDPA and Global Laws

NDPA (Nigeria)

The NDPA grants individuals the right to:

• Lodge complaints with the NDPC
• Seek investigations into suspected violations
• Obtain remedies where harm has occurred

The Act also obliges organizations to cooperate fully with investigations and comply with enforcement directives issued by the Commission. (ndpc.gov.ng)

GDPR (Comparative Perspective)

Under Article 77 GDPR, individuals may lodge complaints with a supervisory authority if they believe their rights have been infringed. This global parallel reinforces the legitimacy and international alignment of the NDPA complaint framework. (gdprinfo.eu)

Step-by-Step: How to Report a Data Privacy Violation Under NDPA

Step 1: Identify the Violation Clearly

Document:

• What happened
• When it occurred
• Which organization was involved
• What personal data was affected

Specificity increases the likelihood of regulatory action.

Step 2: Gather Supporting Evidence

Useful evidence may include:

• Emails or SMS messages
• Screenshots
• Privacy policies
• Data breach notifications
• Correspondence with the organization

Step 3: Attempt Resolution (Where Appropriate)

While not always mandatory, regulators often expect you to first contact the organization unless the violation is severe or urgent.

Step 4: Submit a Complaint to the NDPC

Complaints can be submitted directly to the Nigeria Data Protection Commission, providing full details of the incident and evidence.

Step 5: Await Regulatory Assessment

The NDPC will:

• Review admissibility
• Assess jurisdiction
• Determine whether to open an investigation

What Happens After You File a Complaint?

Stage	What the NDPC May Do
Initial review	Confirm scope and legal basis
Investigation	Request information from the organization
Findings	Determine compliance or violation
Enforcement	Issue warnings, orders, or fines
Remedies	Recommend corrective actions

Not all complaints result in fines, but many lead to corrective measures that stop unlawful processing and prevent future harm.

Case-Style Examples

Example 1: Data Breach Without Notification

A fintech company suffers a breach exposing customer data but fails to notify affected users. A customer reports the incident to the NDPC, triggering an investigation into breach notification failures.

Example 2: Ignored Data Deletion Requests

A digital lending app continues processing personal data after deletion requests. Complaints from multiple users lead to regulatory scrutiny and corrective orders.

Example 3: Unauthorized Data Sharing

An online platform shares user data with advertisers without consent. A formal complaint prompts the regulator to examine consent practices and data-sharing agreements.

These scenarios reflect the types of cases regulators prioritize due to their potential for widespread harm. (gdprinfo.eu)

Can You Get Compensation?

Under data protection laws, regulatory complaints and compensation claims are separate but related. While the NDPC focuses on enforcement and compliance, individuals may pursue civil remedies where:

• Financial loss occurred
• Emotional distress can be demonstrated
• Reputational harm resulted from the violation

Regulatory findings can significantly strengthen private legal claims.

Common Mistakes to Avoid When Reporting

• Submitting vague complaints without evidence
• Reporting issues outside NDPA’s scope
• Failing to keep records of communications
• Expecting immediate financial compensation from regulators

A clear, factual, and well-documented complaint is far more effective.

Frequently Asked Questions (FAQs)

Q1. Do I need a lawyer to report a data privacy violation?
No. Individuals can submit complaints directly to the NDPC without legal representation.

Q2. Is there a deadline for reporting?
While no strict deadline exists, complaints should be made as soon as possible to preserve evidence and relevance.

Q3. Will my identity be disclosed to the organization?
Regulators generally handle complaints confidentially, though details may be shared where necessary for investigation.

Q4. Can I report violations outside Nigeria?
Yes, especially if the organization processes data of Nigerian residents or operates within Nigeria’s jurisdiction. (ndpc.gov.ng)

Final Thoughts

The Right to Report a Data Privacy Violation is one of the most critical enforcement tools available to data subjects. It ensures accountability, deters negligent data practices, and reinforces trust in the digital ecosystem.

Under the NDPA, individuals are no longer passive data sources — they are active participants in data governance. By exercising this right responsibly and effectively, you contribute not only to protecting your own personal data but also to strengthening Nigeria’s data protection landscape as a whole.