Jun 1, 2020

Data Privacy concerns: NGO sues TikTok for violating the Nigeria Data Protection Regulation



In a reaction to TikTok's various data privacy breaches and likelihood of further breach, a not-for-profit organisation -(Laws and Rights Awareness Initiative) has approached the High Court of Ogun State for redress for and on behalf of its members.

In Suit No. HCT/261/2020 filed on the 29th day of May 2020 by the law firm of Olumide Babalola LP pursuant you the provisions of the Nigeria Data Protection Regulation and Constitution, the Applicant prays for:

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

2. A DECLARATION that the Respondent's processing (i.e collection, storage, use etc) of personal data without a valid privacy policy is likely to interfere with the Applicant's members' fundamental rights to private and family life guaranteed under section 37 of Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

3. A DECLARATION that the Respondent's privacy policy violates the provision of article 2.5 (a),(g) and (h) of the Nigeria Data Protection Regulation (NDPR) 2019 and likely to interfere with the Applicant's members fundamental right to private and family life guaranteed under section 37 of the Constitution.


4. A DECLARATION that the Respondent is liable to be fined by virtue of Regulation 2.10 of the Nigeria Data Protection Regulation 2019 (NDPR) to the tune of 2% of the Respondent's Annual Gross Revenue of the preceding year or payment of the sum of 10 million Naira, whichever is greater for violating the provision of the NDPR for its violation of the Regulation.

5. AN ORDER mandating the Respondent to publish its privacy policy in full compliance with the Nigeria Data Protection Regulation 2019 on its website www.tiktok.com within 7 days from the delivery of judgment.


The suit is however yet to be assigned to any judge of the division.
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