Digital Rights Lawyers Initiative v National Identity Management Commission
Case Law- Country
- Country Location
خط العرض: 7.311172396347703
خط الطول: 6.54274292730156
- Country Location (مرتبط Case Law)
- Nigeria
- Decision Date
- 24 سبتمبر 2021
- Case Status
- أُغلقت / إنتهت
- Case Outcome Procedural
- Dismissed
- Case Outcome (Disposition)
- الحكم لصالح المدعى عليه
- Keywords
- Data Protection
- Privacy
- Judicial Body
- المحكمة الاستئنافية
- Court Name
- Court of Appeal, Ibadan
- Case Number
- LPELR-55623
- Case Summary
The 2nd Appellant, a Nigerian Citizen approached the National Identity Management Commission (NIMC) for rectification of his date of birth on his National Identification Number (NIN) slip. NIMC demanded N15,000 to grant its request as provided in its management policy. The Appellants approached the Federal High Court of Abeokuta, challenging the demand for money is in violation of the right of privacy as provided under section 37 of the Constitution of the Federal Republic of Nigeria, 1999. The trial court dismissed the case based on NIMC's objection to its jurisdiction. The Appellant filed an appeal, at the Court of Appeal, which was also dismissed. However, the Court issued far-reaching resolutions touching on privacy and data protection in Nigeria. It upheld the trial court decision that the right to privacy under the impugned section includes the right to protection of personal data and personal information. The Court of Appeal also observed that the Nigerian Data Protection Regulation must be construed as providing such legal instruments that safeguards the right to privacy of its citizens as it relates to protection of personal data or personal information.
- Case Significance
Although the appeal was dismissed, the court affirmed the relationship between right to privacy and data protection. It is the first appellate court decision that touches on the nature and objectives of the Nigeria Data Protection Regulation.
- Related Law
- Source Name and URL
- Digital Rights in Nigeria
- Notes
The judgment was essential in showing the relationship between right to privacy and data protection. However, its decision that the right to rectification of personal data has no effect on the right to privacy can have adverse effects to litigants seeking enforcement of data subjects' rights in future.
- Collection
- CIPIT
- Date Updated
- 7 يونيو 2023