NGO Sues NYSC For Violating Corp Members’ Privacy By Forcefully Publishing And Selling Their Personal Data In A Yearbook

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 honorable 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 aJudge of the division as
at press time.

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 honorable 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 aJudge of the division as
at press time.