Redacting The Past Online: The Right to Be Forgotten in Nigeria and Beyond
Opeyemi Caroline Babalola
Abstract
The permanence of digital information has given rise to the right to be forgotten, a legal innovation that seeks to balance privacy with public access to information. Online communities and search engines often perpetuate outdated or misleading records, leaving individuals vulnerable even after exoneration. Literature has examined this right in Europe, the United States, and parts of Africa, yet little attention has been given to its scope and enforceability within Nigerian law. This paper therefore explores the historical emergence, conceptual framework, and applicability of the right to be forgotten in Nigeria, with comparative insights from jurisdictions where the right is more developed. This study is doctrinal and desktop-based, relying on both primary and secondary sources. Primary sources include the Nigeria Data Protection Act (2023), the General Application and Implementation Directive (2025), the Constitution of the Federal Republic of Nigeria (1999 as amended), and judicial decisions such as Hillary Ogom v. Google LLC. Foreign precedents considered include Google Spain SL v. AEPD & González (2014), Olivier G v. Le Soir, and Karthick Theodore v. Registrar General (India). Secondary sources consist of journal articles, textbooks, theses, and official reports. The research found that while the right to be forgotten is gaining global traction, its application in Nigeria remains weak, hindered by conflicts with freedom of expression, limited judicial interpretation, and weak nforcement mechanisms. Territorial limitations and the public’s right to information also restrict its practical scope. The study concludes that the Nigerian legal system must adopt clear guidance for courts and regulators, balancing privacy with competing rights. It recommends proportionality tests, anonymisation, and clearer statutory procedures to make the right to be forgotten more effective in practice [1].
