James Siguru Wahutu
One of the State’s foremost responsibility is the protection of its citizens from attacks and
infringement of their rights from actors within and outside its borders. What has become evident
over the last few months is the danger non-formalization of data privacy laws poses to users of
the various social media platforms.
James Siguru Wahutu
One of the State’s foremost responsibility is the protection of its citizens from attacks and
infringement of their rights from actors within and outside its borders. What has become evident
over the last few months is the danger non-formalization of data privacy laws poses to users of
the various social media platforms. Despite Nigeria having industry level regulations on what
telecommunication companies can and cannot do with citizens’ data, there is still no
comprehensive data protection law. As a result, companies such as Facebook (which also owns
Instagram and WhatsApp) and Twitter have unbridled access and control over Nigerians’ data.
Without this comprehensive approach, the Nigerian State seems to be stuck in the pre-social
media landscape where data harvesting by American companies was not as big of a concern as it
is today. One only need to look at Cambridge Analytica’s alliance with Facebook to realise the
multiplicity of dangers Nigerians face. These dangers do not even include those posed by the
push towards electronic voting such as those held in Kaduna.
In a post-2007 world, users of social media platforms have become the product, thus any laws
that are constituted need to treat Nigerians’ data as a natural resource to be protected from
exploitation by multinational companies. A push in this direction needs the State to think of user
data as it would crude oil, cocoa beans and rough wood. No data point captures the importance
of user data to companies like Facebook than the fact that despite the consternation about the
data privacy scandal, Facebook posted $4.99 billion in quarterly profits and added 70 million
users. With each new platform, better data harvesting methods become the norm, selling this data
is more lucrative, and the law on the books is still stuck in the pre-Facebook and Twitter era.
Companies such as Facebook are here for the long-haul and this transgression into the private
sphere by Facebook and Cambridge Analytica is merely the tip of the iceberg. It is incumbent
upon the State to learn to shoot without missing since Silicon Valley has learned to fly without
perching.
There are several ways that the State could protect Nigerians’ data from unscrupulous harvesting
and selling by platforms such as Facebook. One way to provide protection to users could be in
the form of “information fiduciaries .” The principle here would be that information collected by
social media platforms could not be used against the interests of the users. Much in the same
way a lawyer cannot use their client’s information to the detriment of their client; unless of
course, the information is about a crime to be committed in the future by the client. A second
approach could be one that views privacy as contextual, what professor Nissenbaum calls
“contextual integrity.” This particular approach would focus primarily on the distribution of data
provided to social media platforms. Using the context of friendship, professor Nissenbaum
reminds us that when we confide in friends, we generally expect a level of confidentiality. When
our friend spreads this shared information without our express consent, we are likely to ostracise
and sanction them for this gossiping. In both cases, the privacy of users’ data is treated as
sacrosanct by the State, while allowing for some flexibility for the collection and use of
individuals’ data by social media platforms. The one thing the State should not do is follow
Kenya’s example and attempt to pass a cybercrimes law that is draconian,retrogressive, and
much likely to stifle innovation in the guise of combating ‘fake news.’
James Siguru Wahutu is Fellow, Berkman Klein Center of Internet and Society – Harvard University
Incoming Assistant Professor department of Media, Culture, and Communication
