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The Socio-Economic Rights and Accountability Project has asked a law court to determine the legality of the directive of the Central Bank of Nigeria (CBN) directing financial organisations including banks to obtain information on customers’ social media handles for identification purposes.
RELATED: Nigeria Data Protection Commission engages CBN on plans to obtain customers’ social media handles
In a lawsuit filed by SERAP, it is seeking an order of mandamus to compel CBN to withdraw its directive and delete the provisions of Section 6 of its Customer Due Diligence Regulations, 2023.
In a statement by its Deputy Director, Kolawole Oluwadare, SERAP is seeking an order to stop the CBN from implementing the provisions of Section 6 of its Customer Due Diligence Regulations, 2023, which mandates banks and other financial institutions to obtain information on customers’ social media handles.
According to the non-governmental organisation, the directive and provisions are inconsistent with the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
Privacy watchdog faults CBN on new directive
The CBN’s directive has also been adjudged by the Nigeria Data Protection Commission (NDPC) as being inconsistent with the Nigeria Data Protection Act, 2023, the country’s principal law on data protection.
“It is not proper because you need the consent of the data subjects who in this case are the banks’ customers. Did they seek their consent before issuing such an order? There is what is referred to as data minimisation which is part of the principles of data processing and data protection. Now you are asking for social media handles of the customers of these banks whereas you already have their names, international passports, driver’s licenses, home addresses already submitted to the banks and a lot of people now have their email addresses also submitted to the banks. I think all these instruments should be enough to know their customer very well,” said National Commissioner and Chief Executive Officer, NDPC, Dr Vincent Olatunji,
SERAP’s contention is that the requirement does not serve any legitimate aim and may be used to restrict citizens’ rights to freedom of expression and privacy. The organisation believes that without the relief sought, the CBN will enforce the unlawful directive, which will be a violation of citizens’ rights.
Among others, the suit claims: “Obtaining information on customers’ social media handles or addresses as means of identification is more intrusive than necessary.
“According to Section 6(a)(iv) of the CBN Regulations, banks and other financial institutions ‘shall identify their customer and obtain information on the social media handle of the customer.’ Section 6(b)(iii) contains similar provisions.
“The purported mandatory requirement would inhibit Nigerians from freely exercising their human rights online. If obtained, such information may also be misused for political and other unlawful purposes.”
