The mother of a 15-year-old JAMB applicant has taken the Joint Admissions and Matriculation Board (JAMB), a Computer-Based Test (CBT) center, and an employee to court for allegedly infringing on her privacy and data protection rights.
The lawsuit, filed at the Federal High Court with suit number FHC/L/CS/371/240, was brought on behalf of the mother by the law firm OLUMIDE BABALOLA LP.
According to the mother’s claims, a JAMB official unlawfully used her telephone number to send inappropriate messages to her teenage daughter. The suit seeks several declarations, including:
a. That the 3rd Respondent’s actions constitute an interference with the Applicant’s right to private and family life under section 37 of the Nigerian Constitution.
b. That JAMB and the CBT center are jointly and vicariously liable for the employee’s act of processing the Applicant’s data without legal basis, as per section 53(2) of the Nigeria Data Protection Act, 2023.
c. That the 4th Respondent, as a principal officer of the CBT center, is deemed culpable for the wrongdoing under section 53(1) of the Nigeria Data Protection Act, 2023.
d. That JAMB and the CBT center’s failure to publish a privacy policy on their website violates section 27(3) of the Nigeria Data Protection Act 2023 and interferes with the Applicant’s right to be informed.
e. That JAMB and the CBT center’s omission to file a data protection compliance audit since 2020 violates article 4.1(7) of the Nigeria Data Protection Regulation 2019 and impacts the Applicant’s right to private and family life.
The mother is seeking a perpetual injunction restraining the Respondents from further using her personal data for unauthorized purposes and damages amounting to N100,000,000 (One Hundred Million Naira), payable jointly and severally by all the Respondents.
The case argues that JAMB and the other Respondents violated several provisions of the Nigeria Data Protection Act 2023, thereby interfering with the mother’s right to private and family life. The suit is yet to be assigned to a judge in the division.
This case highlights the growing concern over data privacy and protection in Nigeria, particularly in the context of sensitive personal information handled by organizations like JAMB.
The Nigeria Lawyer
