The Nigeria Data Protection Commission (NDPC) has imposed a fine of N555 million on Fidelity Bank PLC for violating the country’s data protection laws. The investigation, triggered by a complaint from a data subject, revealed that the bank had processed personal data without obtaining proper consent.
A statement signed by Babatunde Bamigboye, Head of Legal, Enforcement and Regulations, noted that the complaint was lodged with the Commission in April 2023 by the data subject, where the Commission reviewed the data processing platforms of Fidelity Bank and found that in certain critical cases, the Bank processes personal data without the informed consent of data subjects.
Data processing tools such as cookies and banking apps were deployed violating the NDP Act. Its banking app, at the time, had been downloaded over one million times.
Apart from internal non-compliance, the Bank relies on some non-compliant third-party data processors. The law not only encourages an organization to be compliant, it also mandates its relevant vendors, agents or contractors, among others to be accountable when handling the personal data of individuals.
It is to be noted that the initial decision of the Commission was issued in July 2023 and a directive to pay a remedial fee was issued in December 2023 Over ten correspondences were exchanged. The Commission issued repeated warnings to no avail. The Commission gave several opportunities for full accountability for over one year – considering the need to encourage compliance as a culture. However, Fidelity Bank did not provide the requisite, satisfactory remedial plan.
Reacting, the National Commissioner and CEO of the Nigeria Data Protection Commission, Dr. Vincent Olatunji, enjoins Data Controllers and Data Processors to eschew acts that may undermine trust and confidence in Nigeria’s capacity to protect data-driven decisions and transactions.
Dr. Olatunji notes that without demonstrable assurance of accountability in the exchange of goods and services, economic growth would be gravely hampered. However, through compliance with laws that protect the freedoms of individuals, their lives and livelihoods, Nigeria will witness more and more momentum for sustainable development.