THE PARADOX OF ERASURE: RECONCILING THE RIGHT TO BE FORGOTTEN WITH TECHNOLOGICAL REALITIES IN NIGERIA

Abstract

The rapid expansion of digital technologies has intensified concerns surrounding personal data protection, particularly in relation to the right to erasure, also known as the right to be forgotten. While the right to erasure is intended to empower individuals to control their digital footprint, the persistent nature of data within distributed systems, cloud storage infrastructures, and artificial intelligence technologies raises critical questions regarding the feasibility of achieving complete data deletion. This study examines the paradox between the legal promise of erasure and the enduring nature of digital data within Nigeria’s evolving data protection framework.

The study adopts a doctrinal research methodology, relying primarily on the statutory analysis of relevant laws and regulatory instruments governing data protection in Nigeria. The findings reveal that although Nigeria’s legal framework formally recognises the right to erasure, substantial challenges remain in its practical enforcement due to technological limitations, weak regulatory capacity, inadequate compliance mechanisms, and the complex architecture of modern digital systems.

The study therefore recommends a shift from an absolutist conception of erasure towards a more pragmatic and technologically realistic approach. Such measures may include the adoption of anonymisation techniques where complete deletion is impracticable, stronger regulatory oversight, and the imposition of clearer compliance obligations on data controllers and processors to ensure more effective protection of personal data rights.