Ignorance is not an excuse!

Joan is excited by all things AI; she has an imagination about what AI can do for her, especially given the fact that she is disabled and partially sighted. She needs a screen reader and audio AI tools to enjoy reading the thriller series she used to enjoy before losing her sight from an accident.

Dele and David are students of Chapel Primary School. Dele is excited by the discovery of what Meta AI on her mum’s phone can do for him. David enjoys playing video games, but he’s always curious about going to the rated level that he believes would be exciting.

123ABC Bank is creating a salary-based loan product that they believe will manage risks. Based on existing data, the bank will build an algorithm to ensure ladies aged 19 – 30 will be excluded from going through the screening process.

Looking at the logic of the bank, as an example, there is a clear intention to protect the interests of the bank through managing the risk. Ordinarily, this should be celebrated as a great move. The reality, however, is that the requirements of the law are not exactly about thinking only about internal risk management.

Requirements of the Law

The Nigeria Data Protection Act mandates certain principles that creators of AI solutions must adhere to, with no wiggle room for compromise.

For Joan, AI is an access to independence. Under the Nigerian law governing AI, Joan’s disability is classified as “sensitive personal data”. This means developers shouldn’t just build her a cool app; they have a “duty of care”. If an AI misinterprets a text or fails to be “accessible by design”, it has failed a person who legally deserves equity.

Since Dele and David are primary school students (under 18), they are protected by the NDPA’s strict child rights provisions. The law mandates verifiable parental consent. For developers, this means privacy notices shouldn’t be hidden in legal jargon; they must be clear enough for a child to understand, ensuring their digital footprint doesn’t become a lifelong liability.

123ABC Bank’s plan to automatically exclude women aged 19–30 could be justified as “risk management” by the bank; however, under the NDPA Act, this is a major violation of both ethical and legal standards. The law gives every Nigerian the right not to be subject to a decision based solely on automated processing that significantly affects them.

With the current local and international regulatory framework, an AI product developer, AI-enabled game developers of banks and generally financial institutions cannot claim ignorance of the relevant laws where they operate or where their products are being used. The penalties will be applied, irrespective.

Bottom line

Recently, I have been part of a team advising a client in financial services, putting together a governance framework to ensure compliance with NDPA, NIST, GDPR and other regulations. There is no excuse for ignorance about not being aware. There is a new sheriff in town, dishing out fines and mostly publicising these fines.

In Nigeria, the regulator has been quite active with fines across sectors, from media to banking and social media platforms. There is a new sheriff in town, and the sheriff surely bites!

There is a perfect storm of opportunities to do AI right the first time. Depending on your geographical focus, it is important to have the right professionals who will guide your organisation to ensure you create AI products responsibly. Get in touch to have a non-obligatory conversation about doing AI right and responsibly the first time.

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Dotun Adeoye is a technology entrepreneur, AI governance leader, and co-founder of AI in Nigeria. He has over 30 years of global experience across Europe, North America, Asia, and Africa and advises organisations on AI transformation.