Data Consent and Child Rights in Nigeria


According to Justice Story, ‘Consent is an act of reason, accompanied by deliberations, the mind weighing, as in a balance the good or evil on each side.’ In understanding Consent, it is imperative that the choice, acceptance, and allowance elements are taken into consideration, because consent is involves choice to accept and allow certain externalities . In some cases, consent is what transposes an ordinary illegal, wrong or acceptable act to a permissible act. E.g for children, consenting to go to school and not being allowed to leave will not result in false imprisonment as they are deemed to have consented through their parent or guardians.


According to the NDPR, Consent means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she through a statement or a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her.

Example of Privacy policy for children.

SOUNDCLOUD — “ SoundCloud is not intended for use by children. Anyone under the age of 16 in the EEA and UK, or 13 in the United States and the rest of the world, is not permitted to use the platform and must not attempt to register an account or submit any personal data to us. We do not knowingly collect any personal data from any person who is under the age of 16 or 13, as applicable, we as the case may be, or allow them to register an account. If it comes to our the room that we have collected personal data from a person under the age of 16 or 13, as applicable, we will delete this personal data as quickly as possible. If you have reason to believe that we many have collected any such personal data, please notify us immediately at


Neil Richards and Woodrow Hartcog, ‘The pathologies f Digital consent , Washington University Law Review 2019



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