On the 23rd day of January 2023, the High Court of Lagos State delivered judgment in a suit filed by Olumide Babalola against a digital lending Company – Soko Lending Company for infringement of the right to privacy and breach of the Nigeria Data Protection Regulation.
In Suit No. LD/13031MFHR/2022, privacy lawyer claimed:
1. A DECLARATION that by virtue of article 2.2 of the Nigeria Data Protection Regulation 2019, the Respondent lacks lawful basis to process (collect, store and/or use) the Applicant’s personal data (especially his name and telephone number) to send the Applicant unsolicited and offensive Whatsapp messages and thereby interfered with the Applicant’s right to privacy guaranteed under section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended)
2. A DECLARATION that the Respondent’s privacy policy (notice) published on its website http://www.sokoloan.com/#/privacy as of 1st day of February 2022 contravenes the provision of article 2.5 of the Nigeria Data Protection Regulation 2019 and thereby interfered with the Applicant’s right to privacy guaranteed by section 37 of the section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended).
3. PERPETUAL INJUNCTION restraining the Respondent from further processing (storing and using) the Applicant’s name and telephone number without a lawful basis.
4. DAMAGES in the sum of N100, 000, 000 (One Hundred Million Naira)
Delivering the judgment, Justice E.O. Ashade granted all the reliefs apart from general damages which his lordship valued at the sum of Five Million Naira against the digital lending company for invasion of privacy and breach of the provisions of Nigeria Data Protection Regulation 2019. It should however be recalled that in 2021, the National Information Technology Development Agency (NITDA) had earlier fined Soko Lending Company N10,000,000 for their privacy-invading business activities and loan recovery procedures.
Read and Download the full Judgment below:
