The Nigeria Data Protection Commission (the Commission) says the Federal High Court has ruled in its favour in the legal dispute over the power of the Commission to register Data Controllers and Processors of Major Importance (DCPMIs) in Nigeria.
In Emmanuel Harunna Vs NDPC FHC/L/CS/1116/2024, the applicant approached the Federal High Court to, among others, seek: a declaration that a Point of Sale Agent is not a Data Controller or Processor of Major Importance under the Nigeria Data Protection Act, and a perpetual injunction restraining the Commission from registering these agents.
Justice F.N. Ogazi, subjected the Guidance Notice on Registration and section 5(d) 6(c), 44, 45 and 65 of the Nigeria Data Protection Act, 2023 to a thorough judicial analysis and gave judgment to the effect that the Commission acted within its statutory powers in designating entities within the categories of Major Data Processing – Ordinary High Level (OHL) as Data Controllers and Processor of Major Importance (DCPMIs).
The court memorably held that the Nigeria Data Protection Act was enacted to promote accountability, transparency and responsible data governance and that registration enables the Respondent to identify entities engaged in significant data processing activities, monitor compliance.
Commenting on the judgement yesterday, the NDPC’s Head of Legal Enforcement and Regulations Babatunde Bamigboye said the Commission appreciates the advancement of the jurisprudence relating to data accountability in Nigeria as demonstrated in this case.
To ensure full compliance with the judgment of the court, the NDPC’s National Commissioner and Chief Executive Officer, Dr Vincent Olatunji, has directed all DCPMIs that are yet to register with the Commission to register forthwith.
He said failure to register creates serious legal liabilities under the law; while compliance with registration requirements builds public trust and safeguards fundamental rights and freedoms of data subjects in Nigeria.