The Nigeria Data Protection Commission (NDPC) has imposed a N555.8 million fine on Fidelity Bank PLC following an investigation into violations of the Nigeria Data Protection Act, 2023, and the Nigeria Data Protection Regulation, 2019. The fine, which represents 0.1% of the bank’s 2023 annual gross revenue, must be paid within 14 days of receiving the notice.
The investigation was launched after a complaint was filed in April 2023 by a data subject whose personal information was unlawfully collected for account opening purposes. Upon review, the NDPC found that Fidelity Bank had processed personal data in critical cases without obtaining informed consent from the affected individuals. Additionally, the bank’s use of data processing tools like cookies and its banking app—which had been downloaded over one million times—were found to be in violation of the Data Protection Act.
The investigation also revealed that Fidelity Bank relied on third-party data processors who were not compliant with data protection laws. Under the law, organizations are not only responsible for their own compliance but are also accountable for ensuring that their vendors, agents, and contractors adhere to data protection regulations.
The NDPC initially issued its decision in July 2023, directing the bank to pay a remedial fee by December 2023. Despite repeated warnings and over ten correspondences exchanged, Fidelity Bank failed to provide a satisfactory remedial plan. The Commission gave the bank multiple opportunities over the course of a year to demonstrate accountability, but compliance was not achieved.
Dr. Vincent Olatunji, the National Commissioner and CEO of the Nigeria Data Protection Commission, emphasized the importance of accountability in data protection, noting that it is crucial for maintaining trust in Nigeria’s data-driven economy. He highlighted that economic growth could be severely impacted without robust data protection practices but expressed optimism that adherence to laws safeguarding individual freedoms would drive sustainable development in the country.
