National Digital Identity Card: NGO Seeks Injunction against NIMC for Data Breach and Omission to Conduct Data Protection Impact Assessment

Following the leakage of some Nigerians’ personal data by the National Identity Management Commission through its NIMC App meant for processing digital national identity card, a Non governmental organisation, the Laws and Rights Awareness Initiative has dragged the Commission before the Federal High Court for several reliefs.

In Suit No. FHC/AB/CS/79/20 filed on behalf of the NGO by the Law Firm of Olumide Babalola LP, the Applicant seeks the following reliefs:

1.A DECLARATION that by virtue of article 1.1(a) of the Nigeria Data Protection Regulation (NDPR) 2019, data protection is included under right to privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
 

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2. A DECLARATION that the Respondent’s processing of digital identity cards via their software application (NIMC app) is likely to interfere with Daniel John’s right to privacy as guaranteed under article 1.1(a) of the Nigeria Data Protection Regulation 2019 and section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
    
3. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondent from further releasing digital identity cards on their software application (NIMC app) or any other platform pending the independent report of external cyber security experts on the safety and security of the Respondent’s applications.
    
4. AN ORDER directing the Cyber Security Experts Association of Nigeria (CSEAN) and/or Information Security Society of Africa (Nigeria) to conduct an audit the Respondent’s software and other platforms through which it processes digital identity cards and submit a report to this court within 30 days of delivery of judgment herein.

It will recalled that, since the NIMC jettisoned plastic identity cards in favour of digital version, Nigerians have taken to social media to complain of their data leakage on the NIMC app which has been displaying several security faults. The case which was filed today, August 17, 2020 has not been assigned to any Judge in the division.