The Nigeria Data Protection Commission (NDPC) has commenced a forensic investigation into the University of Lagos (UNILAG), Lotus Bank and Hackerbella Ltd over allegations that the personal data of students were used to open bank accounts without a lawful basis.

The Commission said the investigation followed complaints concerning the collection, use and disclosure of students’ personal information and would determine the respective roles and responsibilities of the institutions involved in the alleged data processing.

According to the NDPC, its National Commissioner and Chief Executive Officer, Dr Vincent Olatunji, directed the investigative team to conduct a comprehensive assessment of the circumstances surrounding the alleged processing of the students’ data.

The probe will examine whether the parties complied with their obligations under the Nigeria Data Protection Act, 2023, as well as the potential risks the alleged activities may have posed to the rights and freedoms of the affected students.

Among the issues to be examined are whether appropriate Data Protection Impact Assessments were conducted, the lawfulness and transparency of any credit-scoring or profiling activities, the use of automated decision-making systems and the adequacy of privacy notices provided to the students.

The Commission said investigators would also scrutinise data-sharing arrangements between the parties, the lawful bases relied upon for processing students’ information, compliance with the principles of data minimisation and purpose limitation, retention policies and the technical and organisational safeguards put in place to protect the data.

The NDPC stressed that the investigation would not only seek to establish how the students’ personal data were obtained and used but also determine which of the parties exercised control over the processing and whether appropriate consent or other lawful grounds existed.

It further warned that educational institutions and other organisations entrusted with sensitive personal information bear a heightened responsibility to ensure that such data are processed lawfully, fairly, transparently and securely.

The Commission consequently urged educational institutions that have yet to comply with existing data protection directives to do so immediately.

It reiterated that the Nigeria Data Protection Act imposes obligations on institutions handling personal data to protect data subjects against unlawful processing, excessive collection, unauthorised disclosure and other practices capable of undermining their privacy rights.

The NDPC said it remained committed to enforcing the provisions of the Act and ensuring that the rights of students, staff and other data subjects are adequately protected.

The investigation is expected to determine whether any violations occurred and, where established, the appropriate regulatory measures to be taken against those responsible.

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