The Digital Rights Lawyers Initiative (DRLI) has approached the Federal High Court sitting Ibadan, Oyo State for interpretation of several provisions of the Nigeria Data Protection Regulation 2019 with respect to the National Youth Service Corps’ forceful publication and sale of Corp members personal data in a Magazine/Yearbook.
In Suit No. FHC/IB/98/2020, the Applicant sought the following reliefs:
1.A DECLARATION that by virtue of articles 1.1(a), 2.2, & 2.3 of the Nigeria Data Protection Regulation (NDPR) 2019, data protection is guaranteed under right to privacy covered by section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
2. A DECLARATION that the Respondent’s processing of the images and other personal data of 2020 NYSC Corp members in an End of the Year Service Magazine/Photo album constitutes a violation of section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and Article 2.1(a) of the Nigeria Data Protection Regulation 2019.
3. A DECLARATION that the Respondent’s “Data Subject Consent Statement” attached as a condition for Discharge Certificate does not qualify as freely-given consent required under Article 1.3(iii) of the Nigeria Data Protection Regulation 2019.
4. PERPETUAL INJUNCTION restraining the Respondent and/or its agents from further processing NYSC Corp Members’ personal data End of the Year Service Magazine/Photo album without a lawful basis.
5. CONSEQUENTIAL ORDER(S) as this honourable court may deem fit to make in the circumstance
In its written address, the Applicant distilled two issue thus:
i. Whether or not by the interpretation of section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and articles 1.1(a), 2.1(a) 2.2, & 2.3 of the Nigeria Data Protection Regulation 2019, the Respondent’s processing of NYSC Corp members’ personal data in an End of the Year Service Magazine/Photo album without their freely given consent constitutes a violation of the Corp members’ right to privacy?
ii. Whether or not by the interpretation of Article 1.3(iii) of the Nigeria Data Protection Regulation 2019, the Respondent’s “Data Subject Consent Statement” attached as a condition for Discharge Certificate qualifies as freely-given consent?
The matter was yet to be assigned to a Judge of the division as at press time.