Following investigations into violations of the Nigeria Data Protection Act, 2023 and the Nigeria Data Protection Regulation, 2019, the Nigeria Data Protection Commission (the Commission) has ordered Fidelity Bank PLC to pay a sum of sum of N555,800,000 (Five Hundred and Fifty-Five-Million-Eight Hundred-Thousand naira) only being 0.1% of the Bank’s annual gross revenue in 2023. This is to be paid within 14 days upon the receipt of the Notice.
The investigation into the data processing activities of Fidelity Bank PLC was triggered by a complaint from a data subject whose personal data was collected without a lawful basis to open an account for the data subject. This complaint was lodged with the Commission in April 2023.
The Commission said it 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 in violation of the NDP Act. Its banking App at the material time had been downloaded over one million times.
Apart from internal non-compliance, the Commission said the Bank relied on some non-compliant third-party data processors. The law not only encourages an organization to be compliant, but it also mandates its relevant vendors, agents or contractors, among others to be accountable when handling the personal data of individuals.
According to NDPC “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 – taking into account the need to encourage compliance as a culture. However, Fidelity Bank did not provide the requisite, satisfactory remedial plan”.
The NDPC CEO Dr. Vincent Olatunji, enjoined 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.
