Authority: Federal High Court in Suit No. FHC/IB/98/2020
Jurisdiction: Nigeria
Relevant law: Section 37 of the Constitution; Section 2.1(a) of the NDPR and Article 1.3(iii) of the NDPR
Type: Complaint
Outcome: N/A
Started: 30 October 2020
Decided: N/A
Published: N/A
Fine: N/A
Parties: Digital Rights Lawyers Initiative v. National Youth Service Corps
Case No.: (NYSC) (FHC/IB/98/2020)
Appeal: N/A
Original Source: N/A
Original contributor: MZIZI Africa

Contents

  1. Summary
    1. Facts
    2. Holding
  2. Comment
  3. Further resources
  4. The Decision

Summary

This suit was instituted in 2020 by the Digital Rights Lawyers Initiative against the National Youth Service Corps ('NYSC'). The claimant asserted that the NYSC published and sold a yearbook containing Corp members' personal details without consent and is seeking a declaration that the processing of the photos and other personal data of the Corp members violates Section 37 of the Constitution and Section 2.1(a) of the NDPR.

Facts

The Digital Rights Lawyers Initiative (the “Applicant”) filed a lawsuit against the National Youth Service Corps' ('NYSC') for the forceful publication and sale of NYSC members' personal data in a yearbook, without firet obtaining consent.

In particular, the lawsuit is seeking a declaration that processing of the photos and other personal data of 2020 NYSC members in an end of the year service 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 ('NDPR').

The lawsuit is also seeking a declaration that the respondent's 'Data Subject Consent Statement' as a condition for discharge certificate does not qualify as freely given consent required under Article 1.3(iii) of the NDPR.

Holding

The suit is currently before the court, and a decision is yet to be made by the court

Comment

The suit is currently before the court, and a decision is yet to be made by the court.

Further resources

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The Decision

N/A