By Adeyemi Adepetun
The Federal Competition and Consumer Protection Commission (FCCPC) has slammed a fine of $220 million on Social Media giant, Meta for alleged multiple violations of the FCCPC Act and other data privacy breaches.
Meta is an American company and the parent company of WhatsApp, Facebook, and Instagram.
The commission, in a statement on Friday, on X, signed by Acting Executive Vice Chairman/ Chief Executive Officer, Dr. Adamu Abdullahi, disclosed that it found Meta culpable of denying Nigerian data subjects the right to self-determine, unauthorised transfer and sharing of Nigerian data, including cross-border storage in violation; discrimination and disparate treatment, abuse of dominance, and tying and bundling.
According to FCCPC, between May 2021 and December 2023 and over this period of 38 months, a joint investigation by the commission and the Nigeria Data Protection Commission (NDPC) into Meta Parties conduct, privacy policies, the operation thereof and Meta Parties practices has evolved, revealing many things.
FCCPC, which said though Meta Parties have provided some information/evidence that are in part responsive to document request and summons under the joint investigation, noted that Meta by themselves and retained counsels have also repeatedly engaged with and met with investigators and analysts from the commission and the NDPC, including as recently as April 4, 2024.
“The totality of the investigation has concluded that Meta Parties over a protracted period of time have engaged in conduct that constitute multiple and repeated, as well as continuing infringements of the FCCPA and NDPR, particularly, but not limited to abusive and invasive practices against data subjects/consumers in Nigeria, such as appropriating personal data or information without consent, discriminatory practices against Nigerian data subjects or separate treatment of consumers/dat 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.”
FCCPC said the Final Order mandated steps and actions Meta Parties must take to comply with prevailing laws and cease the exploitation of Nigerian consumers and their market abuse as well as desist from future similar or other conduct that do not neet nationally applicable standards and undermine the rights of consumers.
The Commission said the Final Order also imposed a monetary penalty of $220 million, which penalty is in accordance with the FCCPA 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (ARR).
The Commission said it remained committed to its respective mandates to protect the privacy of Nigerians under the Constitution and all data protection laws and regulations as well as to ensure that consumer rights are respected and the markets operate ina fair and transparent manner.
