Nigeria’s consumer protection agency, FCCPC, has imposed a $220 million fine on Meta, the parent company of Facebook, WhatsApp, and Instagram, for allegedly abusing the data of their Nigerian users, among other accusations of discrimination regarding a 2021 privacy policy.
Local media outlet Premium Times reported that the agency investigated Meta’s operations between May 2021 and December 2023 and found multiple cases of invasion into the private data of its Nigerian consumers.
The FCCPC argues that WhatsApp did not allow users to opt out of the 2021 privacy policy and presented them with a different policy from European users.
“The commission’s findings showed discriminatory and invasive practices against Nigerian consumers such as denial of access to their right to self-determination, unauthorised distribution of their data and cross-border transfer of these data,” local media reported, quoting a government official as saying that Meta provided some “information/evidence that is in part responsive to document requests and summons.”
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But the tech company says it disagrees with the decision and intends to appeal.
“We disagree with the decision today as well as the fine, and we are appealing the decision,” a WhatsApp spokesperson told Tech Cabal.
Nigeria began looking into WhatsApp, which has an estimated 51 million users in the country, in May 2021. That was four months after the app updated its global privacy policy on messaging between individuals and businesses, and how users’ data may be shared with Facebook.
Why the 2021 privacy policy is a big deal
The 2021 update was sent to users through frequent pop-ups asking them to accept the privacy policy. While there was an arrow that allowed users to dismiss the pop-up, they could not opt out or reject the update.
If users refused to update their apps, the pop-ups became more frequent, and many users lost the ability to read or respond to chats.
The 2021 update, which told users it would share their data with third parties and Meta for marketing and profiling purposes, had important implications. One key change was that the 2021 privacy policy did not require the third parties it shared user data with to seek permission from the users.
In Whatsapp’s 2019 and 2020 privacy policies, users were told their information would be shared with third-party providers who were required to “use your information in accordance with our instructions and terms or with express permission from you.”
