Authored By: Eunice Dyep Bulus
Philomath University Abuja
ABSTRACT
Artificial Intelligence (AI) is reshaping industries across the globe, and the legal field is no exception. Through technologies like ChatGPT, AI now assists with document analysis, legal research, and client communication, but it also raises new privacy and data protection concerns that demand urgent attention. This article explores the growing role of AI in the legal profession, the regulatory framework surrounding it in Nigeria, and the challenges posed by ChatGPT to existing data privacy laws. It further examines the Nigeria Data Protection Act (NDPA) 2023 and related instruments, Recommendations made for policymakers and stakeholders to ensure compliance in the use of AI systems.
Keywords: Artificial Intelligence, ChatGPT, Data Privacy, Data Protection, Nigerian Law, Legal Technology
1.0 INTRODUCTION
Artificial Intelligence (AI) involves machines capable of learning, reasoning, and performing tasks that require human intelligence. In the legal sector, AI systems enhance efficiency and improve decision-making, but their integration also brings new ethical and legal implications. It involves training algorithms to learn from data and improve their performance over time without explicit programming. AI has already made significant contributions in areas like speech recognition, image and object recognition, recommendation systems, and virtual assistants. In addition to its applications in various industries, AI is also being explored in scientific research, healthcare diagnostics, autonomous vehicles, and even space exploration. However, the rapid advancement of AI also raises important ethical and societal concerns. Questions about privacy, security, job displacement, bias in decision-making, and the overall impact on society need to be carefully addressed1.
AI has a rich history that dates back to the 1940s when the term “artificial Intelligence” was first coined. The field has since evolved and expanded, with significant milestones achieved in different decades. In the 1960s, the development of the General Problem Solver (GPS) marked a breakthrough in symbolic reasoning and problem-solving. The 1970s witnessed advancements in robotics, neuroscience, and computer vision. Expert systems gained prominence in the 1980s, enabling AI to draw inferences based on knowledge bases and rules. The 1990s saw practical applications of AI in speech recognition, natural language processing, and machine learning. In the 2000s, AI became more sophisticated. The emergence of ChatGPT, a natural language processing tool, represents both progress and peril advancing legal research while introducing complex data privacy challenges2.
2.0 AI AND ITS ROLE IN LAW
AI has a wide range of applications across various industries, including the legal profession. Some key aspects of AI versatility vary, AI can handle mundane tasks, freeing up time for professionals to focus on more strategic and creative aspects of their work. AI can analyse large datasets and provide insights, recommendations, and predictions, improving the quality of decision-making in various fields. AI-powered translation tools can provide instant translations, making communication easier across language barriers. AI can be used to create personalized learning plans, adapt to students’ learning styles, and provide intelligent tutoring systems to improve educational outcomes. AI can be used to monitor environmental conditions, such as air quality or climate change, providing valuable insights for scientists and policymakers3.
As AI technology continues to evolve, it is expected to play an increasingly significant role in the legal profession, with the potential to revolutionize the practice of law and improve the quality of legal services. Research and initiatives in the field of AI and law are focused on leveraging AI technologies to automate searches of case law and statutes, saving time and increasing accuracy4. AI can also scan electronic information to obtain non-privileged information relevant to a case or claim, allowing lawyers to scan documents using search terms or specific parameters. AI tools such as Legal Robot, OneLaw.ai, Harvey AI, and CARA by Casetext, Law Pavillion, LegalPedia are transforming how legal professionals conduct research, draft documents, and manage cases. These platforms allow lawyers to locate relevant precedents and analyze legal texts quickly, improving productivity and accuracy5.
However, as AI becomes more embedded in law, concerns arise regarding transparency, accountability, and data ethics. Legal institutions must ensure that AI aligns with fairness principles and complies with data protection frameworks6.
3.0 AI REGULATION AND NIGERIA’S LEGAL LANDSCAPE
Nigeria does not yet have legislation dedicated exclusively to AI, but the Nigeria Data Protection Act (NDPA) 2023 and Nigeria Data Protection Regulation (NDPR) 2019 provide foundational privacy protections . The NDPA emphasizes lawful processing, user consent, and security of personal data, with sanctions for violations including fines and reputational harm7 8.
Government initiatives such as the National Centre for Artificial Intelligence and Robotics (NCAIR) and the National AI Policy Framework signify Nigeria’s commitment to developing AI responsibly . Data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, impose certain obligations on organizations that collect and process personal data. These obligations include obtaining informed consent from individuals, ensuring data security, providing transparency about data processing activities, and allowing individuals to exercise their rights over their data9.
4.0 CHATGPT AND DATA PROTECTION RISKS
ChatGPT exemplifies the double-edged nature of AI innovation. While it enhances communication and knowledge accessibility, it can collect, store, and process sensitive data without clear consent10. Another risk is insufficient consent mechanisms, as ChatGPT may not have adequate measures in place to obtain proper consent, potentially raising privacy concerns. In terms of data security, there may be a risk of inadequate protection against unauthorized access, theft, or disclosure of sensitive data within the ChatGPT program. Additionally, the ownership of data generated by ChatGPT may be unclear, leading to potential intellectual property disputes. Data leakage is another risk, where employees may unintentionally or intentionally share sensitive company information, resulting in data breaches. Lastly, the misuse of information derived from ChatGPT conversations can lead to various problems, including breaches of confidentiality and violations of intellectual property rights11.12
In Nigeria, non-compliance with privacy laws such as the NDPA and NDPR attracts serious penalties, including fines of up to 2% of annual revenue or ₦10 million . These measures aim to ensure accountability in data handling but may require stronger enforcement given the sophistication of tools like ChatGPT13.
5.0 BALANCING BENEFITS AND RISKS
Despite privacy concerns, ChatGPT offers substantial benefits. It streamlines information management, supports customer engagement, and enhances service delivery . However, the use of AI must be guided by strict data protection measures encryption, consent management, and routine security audits to align with the NDPA and GDPR .To sustain public trust, organizations should adopt privacy by design and data minimization principles, ensuring transparency and user awareness in every data interaction.14 15
6.0 CONCLUSION AND RECOMMENDATIONS
Artificial Intelligence has transformed legal practice by improving accuracy and efficiency, yet tools like ChatGPT expose users to unprecedented privacy risks. Nigeria’s NDPA represents progress in data protection, but continuous review and enforcement are essential to keep pace with evolving AI technologies.
Policymakers should mandate human rights-based impact assessments, ensure algorithmic fairness, and promote transparency in AI systems . Developers and users alike must prioritize data security and compliance, ensuring that innovation does not compromise human dignity. As AI reshapes law and governance, Nigeria must strike a careful balance embracing technological progress while preserving the fundamental right to privacy16.
Reference(S):
1 Crevier D, AI: The Tumultuous History of the Search for Artificial Intelligence (BasicBooks 1993).
2 AI Watch, Historical Evoluion of Artificial Intelligence: Analysis of the Three Main Paradigm Shifts in AI (Publications Office of the European Union, Luxembourg 2020).
3 Russell S and Norvig P, Artificial Intelligence: A Modern Approach (3rd edn, Pearson 2016).
4 Ashley KD, Artificial Intelligence and Legal Analytics: New Tools for Law Practice in the Digital Age (Cambridge University Press 2017).
5 Remus D and Levy FS, ‘Artificial Intelligence in Law: The Technological Revolution and the Future of Legal Practice’ (2019) Stanford Law Review.
6 Davis EA, The Future of Law Firms (and Lawyers) in the Age of Artificial Intelligence (Clyde & Co US LLP, New York 2019).
7 Katz DM, Bommarito II MJ and Blackman J, An Introduction to Law and Artificial Intelligence (Cambridge University Press 2020).
8 Uba J, ‘Artificial Intelligence Regulation in Nigeria: Key Considerations, Recommendations, Legal Framework, and Policy Development for Artificial Intelligence in Nigeria’ (OAL 2023).
9 Surden H, ‘Artificial Intelligence and Legal Decision-Making: The Wide Open?’ (2017) University of Colorado Law Review
10 Paradigm Initiative, Towards a Rights-Respecting Artificial Intelligence Policy for Nigeria (Paradigm Initiative 2021) https://paradigmhq.org/wp-content/uploads/2021/11/Towards-A-Rights-Respecting-Artificial Intelligence-Policy-for-Nigeria.pdf
11 Bernand P, ‘Artificial Intelligence in Nigeria: Legal and Regulatory Guidance’ (Pavestones Legal 13 November 2023) https://pavestoneslegal.com/artificial-intelligence-in-nigeria-legal-and-regulatory-guidance/
12 Ajayi J, ‘Artificial Intelligence in the Nigerian Legal Industry: A Threat or an Opportunity?’ (SSRN) https://ssrn.com/abstract=3574324.
13 NaijaBarrister, ‘Is Artificial Intelligence (AI) Regulated under Nigerian Laws?’ (NaijaBarrister, n.d.) https://naijabarrister.com/articles/is-artificial-intelligence-(ai)-regulated-under-nigerian-laws-mtm3iie.
14DLA Piper, Global Data Protection Laws of the World (DLA Piper 2023) https://www.dlapiperdataprotection.com/index.html?t=law&c=NG.
15 Lambo J, Okolie C and Chukwuma C, ‘Data Protection Laws and Regulations: Nigeria’ (International Comparative Legal Guides 2023) https://iclg.com/practice-areas/data-protection-laws-and-regulations/nigeria.
16 Ilegieuno S, Chukwuani O and Adaralegbe I, ‘Artificial Intelligence and the Future of Law Practice in Nigeria’ in Springer eBooks (Springer 2021) https://doi.org/10.1007/978-3-030-74150-1_14
