Unathourized Disclosure of your Photos and other Personal Data to a third party or on Social Media by a corporate organization or Entities in possession of such Data: Do You Have a Right Protected Under the Law ?
Thyword Nnadi
Personal data means any information relating to an identified or identifiable natural person referred to as “DATA SUBJECT”. An identifiable natural person is one who can be identified, directly, or indirectly in particular by reference to an identifier such as a name, an identification number, location Data, an online identifier or to one or more factors specific to the physical, physiological and other features of the DATA SUBJECT. It can be anything from a name, address, a photo, an email address , bank details, posts on social networking websites, medical information and other unique identifier including but not limited to PII, SIM, IP address.
Do you have a right protected under the Law?
Many public and private bodies have taken their respective business and other information systems online. The public and private sectors now drive their service delivery through the digital space. These information systems have become critical information which must be safeguarded, regulated and protected against breaches.
The Nigeria Data Protection Regulation 2019, expressly states that a personal data shall be collected and processed in accordance with specific , legitimate and lawful purpose consented to by the Data subject. In otherwords, lawfulness of the purpose of taking such data is not a conclusive defense until there is evidence of Consent from the Data Subject which the law makes mandatory.
Furthermore, such entity carrying out or purporting to carry out data processing under the provision of the law shall not transfer any personal data to a third party and such data shall be safeguarded bearing in mind the dignity of human person. See Section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Organizations, entities, private and public companies whose businesses thrive in the media space do not have the right to parade the photograph or personal identity of their employees and supporting staff without prior consent from them. Note carefully that the employer shall not obtain the consent of a data subject by fraud, coercion or undue influence. It must be voluntarily consented to. Customers, clients and the members of the public at large also enjoy the right to protection of their personal data by entities or persons enthrusted with their personal data such as banks, Institutions, organizations and various companies in possession of their personal data.
The protection of such personal data is not limited to corporate organizations whose businesses thrive in the media space. It applies generally to all entities whether or not their business thrives in the media space or not. So long as an entity is in a lawful possession of an individual’s personal data, such entity owes a duty of care to the data subject and shall be accountable for his acts and omissions in respect of data processing.
EXCEPTIONS TO THE RIGHTS OF PROTECTION OF YOUR PERSONAL DATA
Having xrayed the general rule, it is imperative we define the limit of these rights and where it is inapplicable.
Under the Nigerian Data Protection and Regulation 2019, such personal data could be disclosed or made available where necessary for compliance with a legal obligation to which the controller is subject to. One of the instances where disclosure of personal data is lawful is during investigation by Law enforcement agencies and statutory bodies empowered to investigate allegation of crimes. Section 31 of the Police Act 2020 empowers the police to carry out investigation of crimes and in the course of this, personal data of a data subject could be disclosed.
It could be disclosed in order to protect the vital interest of the Data subject or of another natural person. This is applicable where a person is missing and is no where to be found after several attempts to locate him or her. The missing person’s personal data could be disclosed in television for available information of any member of the public who knows his or her whereabout.
It could be disclosed where necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in the controller.
Furthermore, Section 13 (1)(b) of the Advance Fee Fraud and other Related Offences Act 2006, empowers the Economic and Financial Crimes Commission (EFCC) to inspect register of all fixed line customer and any entity who in the normal course of business provides telecommunications or internet services or is the owner or person in the management of any premises being used as internet cafe. Section 13 (4) of the aforementioned Act expressly states that it shall be a valid defence for any provider of wire or electronic communications service, its officers ,employees or agents for providing information to the EFCC in any cause, matter or suit.
Section 2(1) of the Money Laundering (Prohibition)Act, 2011 imposes duty on financial institutions to report to Central bank of Nigeria, securities and exchange commission or the EFCC in writing within 7 days of any transfer to and from a foreign country of funds of sum exceeding US$ 10,000 or its equivalent. Such report shall indicate the names and addresses of the sender and the receiver of the funds or securities. The financial institutions are also mandated by law to disclose individual bank details under Sections 10(1) &(2), and these institutions are validly protected under Section 13(4) of the aforementioned Act.
Finally, Section 6 of the Economic and Financial Crimes Commission (Establishment) Act 2004, empowers the EFCC to investigate allegation of financial crimes and at such any entity in possession of personal data of a data subject is under a legal obligation to transfer same to them for the purpose of investigation of any alleged financial crimes.
NNADI, is an Abuja based Legal Practitioner
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