05/11/2021
The Federal High Court sitting in Awka, CORAM N. O. Dimgba J., has on 2/11/2021 delivered judgment in the suit complaining that the implementation of the Survival Funds program by the Federal Government, through the Ministry of Industry, Trade & Investment offended the NDPR 2019, and potentially breaches S. 37 CFRN 1999 AA.
The suit marked FHC/AWK/116/2020 - Incorporated Trustees of Digital Rights Lawyers Initiative vs Minister of Industry, Trade & Investment & 2 ors, births a locus classicus on the point that all online content providers, data collectors or controllers must provide a comprehensive Privacy Policy in their website, and put in place strategies to safeguard user data pursuant to the NDPR 2019.
In arguing the Originating Summons, we highlighted the role of the Ministry of Industry, Trade and Investment - the supervising ministry, as a Data Controller, and haven failed to put the required safeguards in place as demanded by the NDPR 2019, was in breach thereof and potentially violates citizens' right to privacy.
The court resolved all the questions raised in favour of the applicant, and granted all 12 reliefs sought.
Another small victory in the bag. Data protection & privacy as a fundamental right and another department in legal discourse has come to stay.
The Originating Summons, settled, sealed and argued by Izuchukwu Umeji, was brought for the Incorporated Trustees of Digital Rights Lawyers Initiative (DRLI), against the Minister of Industry, Trade & Investment; AG Federation; and National Information Technology Development Agency (NITDA).
Attorneys at Hamilton Chappell LC continue to demonstrate leadership in emerging frontiers of legal intervention, pushing the boundaries of jurisprudence in the digital rights and technology space.
© Izu Umeji