Data Breach: NGO sues LIRS, NIDTA
Following the data breach by the Lagos Inland Revenue Service (LIRS) sometime in December 2019, a NGO – the Digital Rights Lawyers Initiative has filed an action against the LIRS and NITDA at the Federal High Court sitting in Lagos State.
In Suit No. FHC/L/CS/56/2020 filed by the Firm of Olumide Babalola LP on 17th day of January 2020, the Applicants sued on for themselves and other tax payers in Lagos state whose personal data were unjustifiably published on the LIRS’ payment’s portal in December 2019. The Applicants, specifically asked the court to grant the following reliefs:
1. A DECLARATION that the 1st Respondent’s refusal/omission to publish its privacy policy is likely to violate or further violate the Applicant’s fundamental rights to private and family life guaranteed under section 37 of Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
2. A DECLARATION that the 1st Respondent’s unauthorized publication of personal data of tax payers on its payment portal constitutes a violation of section 37 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Regulation 2.5 of the Nigeria Data Protection Regulation 2019.
3. A DECLARATION that the 1st Respondent’s omission to publish its privacy policy on its Tax Forms and/or website constitutes a violation of the provision of Regulation 2.5 of the Nigeria Data Protection Regulation 2019.
4. A DECLARATION that the 2nd Respondent is duty bound to fine the 1st Respondent to the tune of by virtue of Regulation 2.10 of the Nigeria Data Protection Regulation 2019 for omission/refusal to publish its privacy policy.
5. AN ORDER mandating the 1st Respondent to publish its privacy policy on its website and all its tax-collection platforms within 7 days from the delivery of judgment in this suit.
6. AN ORDER mandating the 2nd Respondent to fine the 1st Respondent pursuant to Regulation 2.10 of the Nigeria Data Protection Regulation 2019 to the tune of 2% of the 1st Respondent’s Annual Gross Revenue of the preceding year or payment of the sum of 10 million Naira, whichever is greater.
7. AND FOR SUCH OTHER CONSEQUENTIAL ORDERS as this honourable court may deem fit to make in the circumstance.
The matter is yet to be assigned to any judge of the division as at press time.