Reconciling the ideals of open science with data privacy in the context of health research in Nigeria: A legal analysis

Abstract Background The Nigerian Revised National Policy on Science, Technology and Innovation 2022 formally proposed the adoption of open science principles among researchers and all other stakeholders in Nigeria. With regard to health research, open science would allow the dissemination and sharing of scientific data and other research outputs among health researchers, thereby accelerating the scientific process and the development of innovative solutions for health challenges. However, in this context, the existing privacy and data protection rules can profoundly affect the adoption and sustainability of open science in Nigeria. This is because researchers rely heavily on accessing and sharing personal information and the biological samples of human subjects. Therefore, this study identifies and examines possible legal issues and challenges arising from the existing privacy and data protection rules as researchers adopt an open science approach to health research in Nigeria. Methods This study adopts a qualitative approach, providing a legal analysis of existing national, regional and international instruments on privacy, data protection and health research in the context of open science in Nigeria. The study also draws on relevant research and non-research articles on open science, health research, privacy and data protection published in English. Searches for the articles were conducted on various sites through the Google search engine, using terms such as ‘sharing of data’, ‘data privacy’, ‘principles of data protection’, ‘open science’, etc. Results/Conclusion The study finds that the right to privacy and data protection could affect the promotion, adoption and sustainability of open science among health researchers in Nigeria, as well as their ability to engage in open collaborative research with their peers in Africa and other jurisdictions. To prevent infringements of the privacy and data protection rules by researchers and thereby ensure the adoption of open science approaches in health research, the study further identifies various legal options for researchers, including using personal data or material transfer arrangements, which, among other things, require recipients or users of human data or biological samples to commit not to re-identify human subjects.