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 seeks to empower individuals to control their digital footprint, the persistence of data within distributed systems, cloud storage, and artificial intelligence raises critical questions about the feasibility of achieving complete erasure. 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 design, relying on statutory analysis of relevant legislation. It finds that while Nigeria’s legal framework formally recognises the right to erasure, significant gaps persist in its practical enforcement due to technological constraints, weak regulatory capacity, among other challenges. The study recommends a shift from an absolutist conception of erasure to a more pragmatic approach, such as anonymisation where complete erasure is not feasible, alongside stronger regulatory oversight and clearer compliance obligations for data controllers.