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| NDPC National Commissioner, Dr. Vincent Olatunji |
The Nigeria Data Protection Commission (NDPC) has imposed a hefty fine of ₦766,242,500 on Multichoice Nigeria for violating the Nigeria Data Protection Act (NDPA).
The penalty follows an investigation launched in the second quarter of 2024 after reports surfaced of suspected breaches of subscribers’ privacy and unauthorized cross-border transfer of Nigerian citizens’ personal data.
Mr. Babatunde Bamigboye, NDPC’s Head of Legal, Enforcement and Regulations, revealed in a statement on Sunday that the probe uncovered that Multichoice’s data processing was excessively invasive, disproportionate, and inconsistent with principles of fairness and necessity.
The violations extended not only to subscribers but also to non-customers, infringing on the constitutional right to privacy under Section 37 of the 1999 Constitution.
The Commission emphasized that such unlawful data transfers threaten Nigeria’s data sovereignty, national security, and economic growth. Despite directives to implement remedial measures, Multichoice’s response was deemed unsatisfactory, prompting the fine.
NDPC National Commissioner Dr. Vincent Olatunji further warned that all outlets collecting Nigerian personal data must comply with the NDPA or face similar penalties.
This decisive action by the NDPC highlights the increasing enforcement of data protection laws in Nigeria and serves as a stern reminder to all data handlers about the critical importance of safeguarding citizens’ privacy rights
The press release says: “NDPC found, among other things, that MultiChoice violated the data privacy rights of its subscribers and individuals associated with them who are not necessarily subscribers.
“The commission also discovered that MultiChoice engaged in the illegal cross-border transfer of personal data belonging to Nigerian data subjects.
“The depth of data processing by Multichoice is patently intrusive, unfair, unnecessary and disproportionate.
“This is a grave affront to fundamental right to privacy as enshrined in section 37 of the 1999 Constitution of the Federal Republic of Nigeria,” Bamigboye said.
According to the press release, Nigeria is entitled to protect her citizens and data sovereignty under both international and extant municipal laws as these have far-reaching implication for rule of law, national security and economic growth.
It added that in the process of the investigation, in line with the NDPA standard remediation procedure, the commission directed Multichoice to carry out appropriate remedial measures.
“However, the commission found the measures undertaken by multichoice in this regard unsatisfactory.
“For want of cooperation, the commission has directed multichoice to pay N766,242,500 for violating the Nigeria Data Protection Act.l,” he added.
The NDPC’s National Commissioner, Dr. Vincent Olatunji, was also quoted in a News Agency of Nigeria (NAN) report directing that all channels through which multichoice collects the personal data of Nigerian citizens be investigated for non-compliance.
According to him, any outlet that processes personal data in violation of the NDPA is liable to penalty under the Act.
NDPC is a public institution that processes data in furtherance of its mandate as Nigeria’s Data Protection Authority and rely on recognised lawful bases for data processing such as consent, legal obligation and contract.
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