WhatsApp says its parent body, Meta, will be appealing the $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) regarding its violation of Nigeria’s data privacy laws.
The organisation said this in a statement made available to the News Agency of Nigeria (NAN) on Saturday in Lagos.
It said: “We disagree with the decision today as well as the fine and Meta will be appealing the decision.
“In 2021, we went to users globally to explain how talking to businesses among other things would work and while there was a lot of confusion then, it has actually proven quite popular,” the organisation said.
NAN reports that the reaction follows a statement released by the FCCPC and signed by its acting Executive Chairman, Adamu Abdullahi, saying that Meta had denied Nigerian users control over their data.
The FCCPC said that Meta had also shared the users data without consent, and abused its market dominance.
According to the statement released to the media, the FCCPC’s final order imposed a monetary penalty of two hundred and twenty million U.S. Dollars only, on Meta.
The penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020,” the statement said.
The FCCPC announced that it initiated its investigation in May 2021, based on evidence suggesting that Meta, through its platforms, had breached the provisions of the FCCPA 2018 and the Nigeria Data Protection Regulation 2019.
It stated that these regulations were in effect prior to the enactment and implementation of the Nigeria Data Protection Act 2023.
The competition protection body noted that Meta responded to document requests and summons by providing some information.
It stated that Meta’s representatives and retained legal counsel had consistently engaged with and met investigators and analysts from the commission and the NDPC, including as recently as April 4, 2024.
The FCCPC highlighted that its investigation uncovered evidence of Meta engaging in practices that were abusive and invasive towards data consumers in Nigeria.
This included collecting personal data without consent and implementing discriminatory practices against Nigerians, among other issues.
Meta Platforms, Inc., doing business as Meta, is an American multinational technology conglomerate based in Menlo Park, California.
The company owns and operates Facebook, Instagram, Threads, and WhatsApp, among other products and services.
defend itself during the investigation before entering a final order. The order is in respect to infringements, particularly regarding:
FCCPC stated, “Denying Nigerian data subjects the right to self-determine; unauthorised transfer and sharing of Nigerian data-subjects personal data, including cross-border storage in violation of then, and now prevailing law; discrimination and disparate treatment; abuse of Dominance; and tying and bundling.
“The Final Order of the Commission mandates steps and actions Meta Parties must take to comply with prevailing law and cease the exploitation of Nigerian consumers and their market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers.”
This decision follows a recent development where the Federal High Court in Abuja dismissed a N30bnlawsuit filed by the Advertising Regulatory Council of Nigeria against Meta Platforms Incorporated (the parent company of Facebook, Instagram, and WhatsApp) and its agent AT3 Resources Limited.
On Friday, Justice Peter Lifu dismissed ARCON’s case, identified as suit no: FHC/ABJ/CS/1701/2022, after the plaintiff’s attorney, Barrister Michael Okorie, submitted a notice of discontinuance.
Nigeria is increasingly prioritizing data privacy through recent legislative measures.
The Nigeria Data Protection Act, enacted in June 2023, establishes a comprehensive framework for personal data protection, creating the Nigeria Data Protection Commission as the regulatory body.
This law mandates that organizations must process data fairly and transparently, ensuring individuals’ rights are upheld and providing avenues for redress in case of breaches. (NAN)
