Federal High Court Set to Hear Data Breach Action Against Promasidor, Zenith Bank

A Federal High Court sitting in Lagos is set to hear an action filed against Promasidor Nigeria Limited and Zenith Bank Plc for breach of personal data.
The Originating summons with suit No: FHC/L/CS/2465/23 was filed by Mr. John Ikemenogo against Promasidor and three other Respondents, including Zenith Bank, sued as the 4th Respondent.
In the affidavit in support of the Application, the Applicant who was an employee of the 1st Respondent at the time of the alleged breach, informed the court that the 1st Respondent obtained his bank account statement and released same to the police on alleged breach of the company’s code of conduct which led to his detention for a period of over five days by the police.

His affidavit reads, in part:
• Despite knowing that the query by the 3rd Respondent is strictly a corporate concern and a case of possible conflict of interest, I was detained at the Police Special Fraud Unit, Milverton Road, Ikoyi, Lagos State for ninety-six (96) hours.

• While in detention, I was shown copies of my Bank Account Statement with Account Number: 1000561335 domiciled and managed by the 4th Respondent by police officers at the Special Fraud Unit. The interrogation by the officers were centered on irrelevant questions on transactions shown on my account statement presented to them.

• Upon my request, to know how the officers of the Police Special Fraud Unit got access to my Bank Account Statement, I was informed that the 1st, 2nd and 3rd Respondents obtained copies of my Account Statement from the 4th Respondent and presented them to the officers of the Special Fraud Unit. This was done without my consent and without any lawful basis.

• The 4th Respondent printed and handed over copies of my Bank Account Statement to the 1st, 2nd and 3rd Respondents who in turn presented same to the Police in the absence of a Court Order.

• The 4th Respondent owes me a duty of confidentiality, to protect my personal data from disclosure to a third party.

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• The 4th Respondent as a data controller is obligated to limit the processing of my personal information for the purpose for which I gave instruction and nothing more.

• I have a right to the protection of my personal data and shall not be deprived of such right, except in circumstances permitted by law and in accordance with the procedure permitted by law.

Premised on the above, the Applicant is seeking a declaration that the action of the Respondents without lawful basis and without his notice, is a breach of his right to the Privacy of his personal information. He also seeks N500m in damages against the Respondents.

The suit is before Honourable Justice Faji of the Federal High Court and has been adjourned to 21st March, 2024 for hearing.

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