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18 November 2020

Nigeria: Digital Rights Lawyers Initiative files lawsuit against Federal Minister of Industry, Trade and Investment for NDPR violations

Data Protection OfficerCybersecurityEnforcement ActionsPrivacy Notices

OneTrust DataGuidance confirmed, on 18 November 2020, with Olumide Babalola, Managing Partner at Olumide Babalola Legal Partners LP, that the Digital Rights Lawyers Initiative filed a lawsuit at the the Federal High Court on 18 November 2020, in Suit No. FHC/AWK/CS/116/2020, against the Federal Minister of Industry, Trade and Investment ('the Minister') for processing citizens data on their MSME Survival Fund portal. In particular, the lawsuit is seeking a declaration that the Minister is in violation of Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) for processing personal data on the portal. In addition, the lawsuit is seeking a declaration that the Minister's failure to publish a privacy policy constitutes a violation of regulation 1.1(a) and 2.5 of the Nigeria Data Protection Regulation ('NDPR'), and that failure to provide information on the portal relating to processing of personal data in a concise, transparent, and intelligible form, constitutes a violation of regulation 3.1(1) of the NDPR.

In addition, the lawsuit is seeking a declaration from the Court that the Minister's failure to provide information on the portal relating to contact details of its data protection officer ('DPO'), legal basis of processing, recipients of personal data, which constitutes a violation of regulation 3.1(7) of the NDPR, and that the Minister's failure to appoint a DPO, as a controller constitutes a violation of regulation 4.1(2) of the NDPR. Furthermore, the lawsuit is seeking a declaration from the Court that the Minister's processing of personal data on the portal without: developing security measures to protect data; storing data securely with access to specific authorised individuals; employing data encryption technologies; and developing organisational policy for handling personal data constitutes a violation of regulation 2.6 of the NDPR.
 
Finally, the lawsuit is seeking a perpetual injunction restraining the Minister and/or their agents from further processing (collection and retention) of Bank Verification Numbers until it publishes its privacy policy and designates a DPO.

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