The Nigeria Data Protection Commission (NDPC) has imposed a significant fine of N766,242,500 on MultiChoice Nigeria for multiple breaches of the Nigeria Data Protection Act (NDP Act).
The decision follows an investigation initiated in the second quarter of 2024, prompted by suspected violations of subscribers’ privacy rights and the illegal cross-border transfer of personal data belonging to Nigerians.
According to a statement released by Babatunde Bamigboye, Head of Legal, Enforcement & Regulations at NDPC, the Commission found that MultiChoice Nigeria violated the data privacy rights of its subscribers, and even individuals who were not direct subscribers but were associated with them. Crucially, the investigation also revealed that MultiChoice engaged in the unlawful transfer of Nigerian citizens’ data across international borders.
The NDPC described MultiChoice’s data processing activities as patently intrusive, unfair, unnecessary and disproportionate, a grave affront to the fundamental right to privacy enshrined in Section 37 of the 1999 Constitution of the Federal Republic of Nigeria.
“Nigeria is entitled to protect her citizens, and data sovereignty under both international and extant municipal laws – as these have far-reaching implications for the rule of law, national security, and economic growth,” the statement emphasized.
The Commission further noted that while MultiChoice was directed to implement remedial measures as part of standard procedure, the company’s efforts were deemed “unsatisfactory,” demonstrating a lack of cooperation. This lack of compliance ultimately led to the imposition of the substantial penalty.
In response to these findings, Dr. Vincent Olatunji, the National Commissioner of the NDPC, has directed a comprehensive investigation into all outlets through which MultiChoice collects personal data from Nigerian citizens for non-compliance. He underscored that any outlet found processing personal data in violation of the NDP Act will be liable to penalties under the Act.
This enforcement action by the NDPC signals a strong commitment to safeguarding the data privacy rights of Nigerians and upholding the integrity of the nation’s data protection laws.