Top Nigerian Bank In Litigation Mess Over Illegal Disclosure Of 53,000 Job Seekers’ Data

A legal organisation, Digital Rights Lawyers Initiative, has instituted a legal action against a popular and first generation financial institution in the country over alleged breached of personal data.

The group the financial institution, unity Bank, over unauthorized exposure of 53000 job seekers data.

To this end, the group initiated a data protection action against the bank at the Federal High Court following the alleged divulgence of over 53,000 job Seekers data on its job portal.

In a suit marked, No. FHC/AB/CS/85/2020, the plaintiff, among other things, prayed the court to order the respondent to pay ₦10 million into the federal government account through remita within 7 days of delivery of Judgement in the case.

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The plaintiff also asked the court to grant a perpetual injunction stopping the respondent and other persons that have access to its system from tampering with data of the subjects.

Below is the full detail of the legal action against unity Bank by the group.

In Suit No. FHC/AB/CS/85/2020, filed on Friday, August 28, 2020, the Applicant sought:

“1. A DECLARATION that the Respondent’s privacy policy on its website – https://www.unitybankng.com/privacy” violates the provision of regulation 2.5 of the Nigeria Data Protection Regulation 2019.

1. A DECLARATION that the Respondent’s unauthorized exposure of personal data of data subjects on the Internet constitutes a personal data breach under regulation 1.3(xx11) of the Nigeria Data Protection Regulation 2019.

“2. A DECLARATION that the Respondent’s unauthorized exposure of personal data of data subjects on the Internet constitutes violation of the data subjects’ right to privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“3. A DECLARATION that, by virtue of regulation 2.10(a) of the Nigeria Data Protection Regulation 2019, the Respondent is liable to a fine of N10, 000, 000.

“4. AN ORDER mandating the Respondent pay the sum of N10, 000, 000 (Ten million Naira only), to the account of the Federal Republic of Nigeria through the remita platform within seven days of delivery of judgement in this suit.

“5. PERPETUAL INJUNCTION restraining Respondent, its officers, agents and/or data processors from further interfering with the privacy rights of its data subject.”