This blog is written by Makilolo Tamara-Brakemi Blessing, a Law Graduate of Igbinedion University Okada

Imagine I sent a video to my status and I decided I did not want that in my story anymore, I decided to delete and a friend replied to that same story. Consider the consequences of someone being able to respond to your erased message and status. This issue has sparked controversies amongst Nigerians regarding privacy rights.

An alternate or modified version of WhatsApp is called GB WhatsApp, it has greater features than that of the original WhatsApp, reason why a lot of users tend to use the app more than the original WhatsApp.

The possibility of accessing and responding to erased messages and statuses raises severe concerns about privacy invasion. It's more like having our private chats and media exposed to the world without our permission, which could lead to the misuse of personal information.
Interestingly, Section 37 of Nigeria's Constitution ensures the right to privacy. Despite the absence of a clear definition of privacy in the Constitution, the law attempts to shield citizens from prying eyes in their mail, phone calls, and telegraph correspondence. In a nutshell, this right's primary goal is to shield a person from having their home entered without permission or having their telegraph conversations intercepted.

Privacy rights are extremely essential both in Nigeria and around the world. It empowers us to protect our personal information while preserving our dignity and authority over our communications and media. We live in a digital age where data is continuously shared; this right will shield us from unwelcome intrusion and in-still a sense of security and respect for our boundaries.
Furthermore, in Nigeria, privacy rights are guaranteed under the Nigerian Data Protection Regulation (NDPR) of 2019. This rule seeks to preserve the privacy and security of personal data in both the public and private sectors.

Given this banal legal position on privacy, the question that arises is whether GB WhatsApp users' accessing and responding to deleted messages and statuses violates their right to privacy.
Given that the rationale for protecting the right to privacy is to prevent third parties or the public eye from delving into personal affairs, it is logical to assume that examining deleted messages and statuses and responding to them may constitute a violation of the right to privacy. It weakens the expectation of privacy in digital communication and may lead to unlawful access to personal information.

When a WhatsApp message or status is erased, it indicates withdrawal and that the individual does not want others to see it. If it is viewed and replied to by a GB WhatsApp user, it is considered a breach of privacy under Section 37 of the Nigerian Constitution and the NDPR 2019.
As a result, application programmers/developers should strive to observe and protect this right when designing apps.

For us to be able to protect and safeguard our privacy, we need to enable some factors that will guide us against this, like two-factor authentication, we should add a stronger password to our apps that require passwords and this is not just for WhatsApp but also any other social media app.

In conclusion, for us to enjoy a good digital experience, we must safeguard our privacy, and our very valuable information. We should take a greater step towards protecting ourselves in this digital era.

REFERENCES

1. 1999 CONSTITUTION FEDERAL REPUBLIC OF NIGERIA AS AMENDED.

2. NIGERIAN DATA PROTECTION REGULATION (NDPR) 2019.

3. GBENGA, S. (2020); The Impact of Social Media on Privacy Rights in Nigeria. Journal on Media and Communication Studies, 12(2), 1-10.

4. How to protect your privacy on messaging apps; https://privacyinternational.org/explainer/5010/guide-communicating-others-messaging-apps accessed 6th September 2024

5. WhatsApp two factor authentication; https://faq.whatsapp.com/ 1920866721452534 accessed 6th September, 2024

6. security and privacy features on messaging apps; https://www.researchgate.net/figure/Security-and-Privacy-Features-of-Messaging-Apps_tbl1_3