By Beloved John, July 19, 2024, Reading Time: 2 mins read
Nigeria’s consumer protection agency, FCCPC, has imposed a $220 million fine, which is about N330 billion on Meta Platforms Inc., owners of Facebook, WhatsApp and Instagram, for allegedly abusing the data of their Nigerian users.
According to a statement by the FCCPC chairperson, Adamu Abdullahi, 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 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.
“The commission found this after Meta provided some “information/evidence that is in part responsive to document requests and summons…,” Mr Abdulahi wrote.
This practice, Mr Abdullahi said, violates the country’s policies on data protection as established in the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Nigeria Data Protection Regulation (NDPR) 2019.
He also noted that these invasive practices conducted by Meta are only exclusive to Nigerian consumers as the agency did not find such cases in other countries with similar regulations as Nigeria.
“The totality of the investigation has concluded that Meta Parties over a protracted period of time have engaged in conduct that constitutes multiple and repeated, as well as continuing infringements of the FCCA and NDPR, particularly, but not limited to abusive, and invasive practices against data subjects/consumers in Nigeria.
These practices include, “appropriating personal data or information without consent, discriminatory practices against Nigerian data subjects/consumers or disparate treatment of consumers/data subjects compared with other jurisdictions with similar regulatory frameworks, abuse of dominant market position by forcing unscrupulous, exploitative, and non-compliant privacy policies which appropriated consumer personal information without the option or opportunity to self-determine or otherwise withhold or provide consent to the gathering, use, and/or sharing of such personal data,” he said.
FCCPC final order
Mr Abdullahi said the commission decided to issue a penalty against Meta parties after it gathered adequate evidence and provided the company ample time to defend itself.
The FCCPC chairperson in the statement traces the agency’s decision to the report of the investigation that started in 2021 after the commission found evidence that META might have broken some rules, and sent an Order and Notice to Show Cause (ONSC).
The commission, through the ONSC, asked the company to explain why it shouldn’t face penalties for these violations.
“Being satisfied with the evidence on record and Meta Parties have been provided with every opportunity to articulate any position, representations or refutation, the commission has not issued a Final Order,” he noted.
The final order imposes a monetary penalty of $22 million fine which is about N330 billion.
The Final Order also mandates that Meta Parties 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.”
Mr Abdullahi said this penalty falls within the dictate of the FCCPA policy and its administrative penalties for offenders.
“The penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR).
“The Commission remains committed to its respective mandates to protect the privacy of Nigerians under the Constitution and all data protection laws and regulations,” he added.
He also urged that companies ensure that consumer rights are respected, and the markets operate fairly and transparently.
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