Meta appeals Nigerian privacy ruling over how it uses Facebook and Instagram users’ personal data for behavioral advertising.
The company filed its notice of appeal on September 30, five days after the Lagos High Court ordered it to stop unlawfully processing and profiling the personal data of the applicants for behavioral advertising. The court also awarded them the naira equivalent of $100,000 in damages, plus ₦1 million in costs.
The appeal now moves the dispute to the Court of Appeal, where a bigger question will be examined: can Meta make behavioral tracking and personalized advertising part of the terms Nigerians must accept to use Facebook and Instagram?
Why Meta Appeals Nigerian Privacy Ruling
The case was brought by the Incorporated Trustees of Laws and Rights Awareness Initiative and five individual applicants. They challenged Meta’s collection, processing, and profiling of their personal information for targeted advertising, arguing that the company had not obtained valid consent for the activity.
Meta’s position was that Facebook and Instagram are free, personalized services funded largely through advertising. The company argued that users agree to its terms and privacy policy when they register, making data processing for personalized advertising part of the arrangement.
The Lagos High Court rejected that argument. Justice A.F. Pokanu held that the fact that advertising funds a social media platform does not automatically make behavioral advertising necessary to provide the service. The court distinguished between processing needed to operate the platforms and processing used to profile users for commercial advertising.
That distinction is now at the center of Meta’s appeal.
What the Nigerian Court Ruled
In its September 25 judgment, the Lagos High Court found that Meta’s non-consensual collection, processing, profiling and use of the applicants’ personal data for behavioral advertising violated their privacy rights under Section 37 of Nigeria’s Constitution and provisions of the Nigeria Data Protection Act (NDPA) 2023.
The court ordered Meta to:
- stop the unlawful processing and profiling;
- take remedial steps to comply with the NDPA;
- file an affidavit showing compliance within eight weeks;
- pay the applicants the naira equivalent of $100,000 in general damages; and
- pay ₦1 million in costs.
The ruling does not mean Facebook or Instagram has been ordered to shut down in Nigeria. Instead, it focuses on how Meta processes and profiles applicants’ personal data for behavioral advertising.
Why Consent Matters
Consent is one of the most important issues in the case. Accepting a platform’s terms of service does not necessarily show that a user has specifically agreed to every type of personal data processing the platform carries out.
The High Court found that Meta could not simply make behavioral advertising compulsory by placing it within its standard terms. This matters because behavioral advertising can involve analyzing information about a user’s activity and interests to help determine which advertisements they see.
For a broader look at personal data and what happens to it after you remove an app, see what happens to your data when you delete an app
The court’s position was that Meta needed a lawful basis for this processing rather than treating general acceptance of its services as automatic permission for advertising-related profiling.
The Ruling Also Raises Questions About Data Outside Nigeria
The case also touched on the international handling of Nigerian users’ data. Meta argued that it does not operate a data centre in Nigeria and that information is therefore processed through infrastructure outside the country.
The court rejected the idea that this removed Meta’s responsibility under Nigerian data-protection rules. It found that users do not control where their information is routed, stored, or processed and that Meta remained responsible for complying with applicable requirements for international data transfers.
That issue could make the appeal important beyond Meta because many global technology companies process Nigerian users’ data through infrastructure located in other countries.
What Does This Mean for Nigerians?
The Meta appeals Nigerian privacy ruling case is still ongoing, so Facebook and Instagram users in Nigeria should not assume that the court ruling means Meta has stopped collecting data for advertising. The judgment is from a high court, and Meta has appealed it, so the legal position can still change.
What the case does show is that Nigerian courts are examining how global technology platforms obtain consent and use personal data under the country’s data-protection framework. This also connects with WhatsApp’s privacy features and the growing focus on how users control their information across Meta’s platforms.
If the judgment ultimately survives the appeal, it could have wider implications for how digital platforms structure consent, behavioral advertising, and other forms of personal data processing in Nigeria. For users, the issue comes down to how much control they have over information platforms collect about them and how that information is subsequently used.
Conclusion
The Meta appeals Nigerian privacy ruling will now be considered by the Court of Appeal. The Lagos High Court’s eight-week compliance order also remains part of the judgment while the appeal process develops, although further legal proceedings could affect how the order is implemented.
The immediate dispute may be about Meta, Facebook, and Instagram, but the wider issue is becoming increasingly important as more Nigerians rely on global platforms for communication, business, entertainment, and advertising.
The appeal could therefore provide further guidance on where Nigerian privacy rights sit when they meet the business models of some of the world’s biggest technology companies.
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