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Tuesday, August 3, 2021

[Personal Data Breach]: Digital Rights Lawyers Sue Unity Bank Plc

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Following the unauthorised exposure of over 53,000 job seekers on Unity Bank’s job portal, the Digital Rights Lawyers Initiative have commenced a data protection action at the Federal High Court against the bank for personal data breach.

In Suit No. FHC/AB/CS/85/2020, filed today, 28 August 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.
  2. 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.
  3. 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).
  4.  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.
  5. 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.
  6. PERPETUAL INJUNCTION restraining Respondent, its officers, agents and/or data processors from further interfereing with the privacy rights of its data subject.

The suit is yet to be assigned to a Judge of the court.

 

(OneTrust DataGuidance)

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