The National Information Technology Development Agency (NITDA) is providing advisory to Nigerians to address concerns on changes to the WhatsApp Terms of Service and Privacy Policy which took effect on 15th May 2021.
Nigeria boasts of millions of its citizens using the WhatsApp platform for business, social, educational, and other purposes thus acclaimed as the social media platform of choice for many Nigerians.
NITDA said in a statement signed by its Head, Corporate Affairs and External Relations, Mrs. Hadiza Umar, that to understand the issues and give an opportunity to explain its views, it entered into collaboration with the African Network of Data Protection Authorities to engage Facebook Incorporated, the owners of WhatsApp platform, specifically, its global Policy officials on 9th April 2021.
It said that after the engagement, NITDA, as Nigeria’s data privacy regulator, wishes to advise Nigerians on how Facebook’s business decision affects their privacy rights.
NITDA noted that Facebook acquired WhatsApp in February 2014 and that Facebook currently has over 2.5 billion users globally, while WhatsApp has over 2 billion users.
“WhatsApp shared a reviewed Privacy Policy on 4th January 2021, informing its users outside the European Union that it would now share their information with Facebook and its sister companies,” NITDA said in the statement.
NITDA listed the Datasets collected by WhatsApp on users to include account information; messages (including undelivered messages, media forwarding); connections; status information; and transactions and payments data.
Others are usage and log information; device and connection information; location information; cookies etc.
The other information collected by Whatsapp according to NITDA, include battery level; signal strength; app version; browser information; mobile network; connection information (including phone number, mobile operator or ISP), language and time zone; Internet Protocol address; device operations information; and social media identifiers.
NITDA informed that the new policy best renders the platform’s information-sharing practices with Facebook and its companies.
“As part of the Facebook Companies, WhatsApp receives information from and shares information with, the other Facebook Companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings, including the Facebook Company Products,” NITDA stated in the statement.
It noted that WhatsApp shares the above-listed information and the following with the Facebook company: account registration information; details on how users interact with others; mobile device information; Internet Protocol address; and Location data etc.
“The Facebook Team confirmed that private messages shared on WhatsApp consumer version are encrypted and not seen by the company. But the metadata (data about the usage of the service) which is also personal information is shared with other members of the Facebook Group,” NITDA further disclosed in the statement.
NITDA stated that WhatsApp users are at liberty to decide on giving consent to the processing of their data based on the new privacy policy, adding that the Nigeria Data Protection Regulation (NDPR) recognizes consent (a clear, unambiguous expression of privacy terms communicated by the controller and accepted by the Data Subject) as one of the lawful basis for data processing.
“Acceptance of the new privacy policy and terms of use implies that user data would now be shared with Facebook and other third parties. Users will now be subject to the terms and policies of Facebook and other receiving entities with or without being direct subscribers to such services,” NITDA stated.
It’s as a result of the foregoing that NITDA advises that Nigerians may wish to note that there are other available platforms with similar functionalities which they may wish to explore, warning that choice of platform should consider data sharing practices, privacy, ease of use among others.
It also advised that users limit the sharing of sensitive personal information on private messaging and social media platforms as the initial promise of privacy and security is now being overridden on the basis of business exigency.
NITDA assured that Nigeria’s engagement with Facebook continues, stating that it has given them Nigeria’s opinion on areas to improve compliance with the NDPR, adding that it has also raised concerns as to the marked difference between the privacy standard applicable in Europe, under the GDPR and the rest of the world.
“Given the foregoing and other emerging issues around international technology companies, NITDA, with stakeholders, is exploring all options to ensure Nigerians do not become victims of digital colonialism.
“Our national security, dignity and individual privacy are cherished considerations we must not lose. Because of this, we shall work with the Federal Ministry of Communications and Digital Economy to organize a hackathon for Nigerians to pitch solutions that can provide services that will provide functional alternatives to existing global social platforms,” NITDA said.