Description
This judgment resolves a fundamental digital privacy dispute initiated by a data compliance organization and an individual data subject against True Software Scandinavia AB (operators of the Truecaller app) and NITDA. The Applicants alleged that Truecaller systematically harvested and processed the telephone numbers of non-users without consent, infringing upon Section 37 of the Nigerian Constitution.
Justice J.K. Omotosho dismissed the suit, establishing critical data protection precedents in Nigeria:
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Scope of Personal Data: Reaffirmed that a person’s telephone number is personal data constitutionally protected under Section 37.
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Data Controller Status: Clarified that users who download the application and voluntarily sync their contact lists act as the “data controllers” under the regulations, as they determine the purpose and manner of processing.
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Liability Boundaries: Held that Truecaller did not unilaterally harvest numbers, but rather processed them based on user consent; thus, any privacy infractions rest on the individual users rather than the platform.
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Jurisdictional Clarity: Ruled that Fundamental Rights Enforcement Procedure (FREP) suits are sui generis, meaning standard requirements under the Sheriffs and Civil Process Act to serve out of jurisdiction do not strictly apply.
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