Lawyer Sues Soko Loans Over Alleged Breach Of Data Privacy, Unsolicited Messages, Demands N100 Million Compensation

A Lagos based lawyer, Olumide Babalola has dragged online lending platform, Soko Lending Company Ltd before the Lagos State High Court on grounds of breach of his constitutional right to privacy which covers data privacy.

In the Originating Summons made available to The Lawyer, Babalola, the Applicant is seeking the Lagos State High Court to determine these legal questions, to wit;

Whether or not by the interpretation of article 2.2 of the Nigeria Data Protection Regulation 2019, the Respondent’s processing (i.e collection, use and storage) of the Applicant’s personal data (especially his name and telephone number) to send him unsolicited and offensive messages without any of the lawful bases interfered with the Applicants right to privacy guaranteed under section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended)?

Whether or not the Respondents privacy policy (notice) published on its website http://www.sokoloan.com/#/privacy> as of the 1st day of February 2022 contravenes the provision of article 2.5 of the Nigeria Data Protection Regulation 2019 and thereby interfered with the Applicants right to privacy guaranteed by section 37 of the section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended)?

Whether or not in the event that this court finds the Respondent to have interfered with the Applicant’s right to privacy, the Applicant is entitled to damages without necessarily proving pecuniary losses?

He further seeks four reliefs which are;

A DECLARATION that by virtue of article 2.2 of the Nigeria Data Protection Regulation 2019, the Respondent lacks lawful basis to process (collect, store and/or use) the Applicants personal data (especially his name and telephone number) to send the Applicant unsolicited and offensive Whatsapp messages and thereby interfered with the Applicants right to privacy guaranteed under section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended)

A DECLARATION that the Respondents privacy policy (notice) published on its website http://www.sokoloan.com/#/privacy as of 1st day of February 2022 contravenes the provision of article 2.5 of the Nigeria Data Protection Regulation 2019 and thereby interfered with the Applicants right to privacy guaranteed by section 37 of the section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended).

PERPETUAL INJUNCTION restraining the Respondent from further processing (storing and using) the Applicants name and telephone number without a lawful basis.

DAMAGES in the sum of N100, 000, 000 (One Hundred Million Naira)

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

In the Applicant’s 22-paragraph affidavit, he claimed On the 31st day of January 2022, the Respondent’s employee named ‘Jide’ with telephone number 07035005483 sent him a WhatsApp message on his phone number informing me that another person is owing them and that she has been acting like a criminal and that he should help them advice the person to be responsible.

“I asked the Respondent’s employee – Jide – for the identity of the company owed and he answered “Soko Lending RichLoan” and he provided the account details for repayment. Attached and marked Exhibit 3 is the screenshot of the confirmation.

Again, I asked Jide how and where his company – the Respondent got my personal information from but he refused to disclose.

Since I never had any business relationship with the Respondent, I became uncomfortable and disturbed that the Respondent’s employee (Jide) could invade my private space and hound me with text messages in their debt recovery bid which is totally unrelated to me.

Neither did I apply for a loan on behalf of a third party from the Respondent nor guarantee any loan obtained from them.”

He further averred that he visted the company’s website on the 1st of February, 2022 and found that their privacy policy is not transparent and is in contravention with the 1999 Constitution of the Federal Republic of the Nigeria.

Attached to the affidavit are six exihibits and the case was filed by Daniel Chiduike Okoro Esq, Applicant’s Counsel.