The Federal High Court in Lagos has ruled that the Central Bank of Nigeria’s regulation mandating financial institutions to collect customers’ social media handles as part of the Know-Your-Customer (KYC) process does not violate the right to privacy.
Justice Nnamdi Dimgba dismissed a lawsuit filed by lawyer Chris Eke challenging the regulation, stating that it is not undemocratic or unconstitutional. The court rejected Eke’s argument that the regulation infringes on Section 37 of the Nigerian Constitution, guaranteeing privacy rights.
In his judgment, Justice Dimgba emphasized that providing a social media handle is akin to providing email addresses or phone numbers, serving as a means for banks to contact customers and conduct due diligence. He noted that social media handles, like email addresses, are publicly visible communication tools, and their provision does not constitute a breach of privacy.
The judge highlighted that the regulation applies to financial institutions and not private individuals like the applicant. He also dismissed claims of speculative harm, stating that the applicant had not demonstrated any disruption caused by the regulation’s implementation.
Furthermore, Justice Dimgba pointed out that personal information, including social media handles, is often requested in business applications without constituting a privacy breach. He stressed that social media handles are publicly accessible, and it would be unreasonable to consider their collection a violation of privacy.
Consequently, Justice Dimgba upheld the Central Bank’s regulation and struck out the lawsuit, stating that there was no basis to sustain it. He made no order as to costs in the case.
