POS Agent Sues Nigeria Data Protection Commission Over Registration Requirements

A Point of Sale (POS) Agent, Emmanuel Haruna has dragged the Nigeria Data Protection Commission before the Federal High Court challenging his designation as a processor of major importance under the Guidance Notice on registration of controllers/processors.Haruna’s legal action takes aim at the core of the NDPC’s data registration policy, arguing that it infringes upon his constitutional right to privacy as guaranteed by Section 37 of the 1999 Nigerian Constitution. The suit seeks several declarations from the court, including that POS agents do not fall under the definition of Data Processors as outlined in Section 65 of the Nigeria Data Protection Act 2023.

In Suit No. FHC/L/CS/1116/24, the Applicant claims the following reliefs:

1. A DECLARATION that the Respondent’s Guidance Notice requiring the Applicant (a Point of Sale (POS) Agent) to submit his personal data for the purpose of registering as a controller/processor of major importance constitutes an interference or likely interference with the Applicant’s right to privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

2. A DECLARATION that the Applicant – a Point of Sale (POS) agent – is not a Data Processor as contemplated under the definition of section 65 of the Nigeria Data Protection Act 2023.

3. A DECLARATION that the Applicant – a Point of Sale (POS) agent – is not a Controller or Processor of major importance contemplated under section 65 of the Nigeria Data Protection Act 2023.

4. PERPETUAL INJUNCTION restraining the Respondent, and other entities acting through or under the Respondent’s instruction from requiring or further requiring the Applicant – a Point of Sale (POS) Agent to register his personal data with the Respondent.

5. CONSEQUENTIAL ORDER(S) that this honourable court may grant in the circumstances.

The suit has not been assigned to any judge in the division.