A digital right group Personal Data Protection Awareness Initiative, has filed a petition with the Nigeria Data Protection Commission (NDPC) against Meta’s plan to use personal data from its social media platforms, Facebook and Instagram, to train artificial intelligence (AI) models.

The petition alleges that this proposed use of user data raises significant privacy concerns and may constitute a breach of the Nigeria Data Protection Act 2023 (NDPA).

According to the petition dated 17th July 2024., Meta’s privacy notices on Facebook and a notice on the AI platform stated that the company will use information shared on its products and services, including posts, personal data, photos, and their captions, to train generative AI models. The petitioners argue that this use of personal data appears to be in direct conflict with the fundamental principles of the NDPA, which requires individuals to have control over their personal data and mandates that data processing be carried out with the explicit consent of the data subject when collected data is being converted to an unrelated secondary use.

The petition highlights several key risks associated with using personal data to train AI models under the NDPA, including lack of consent, unlawful processing, breach of transparency, potential for misuse, lack of user control, and increased risk of security and data breaches. The petitioners argue that Meta cannot rely on legitimate interest as its legal ground for using personal data for AI training, as the proposed processing will likely erode the rights of data subjects.

The Personal Data Protection Awareness Initiative is calling on the NDPC to investigate the matter thoroughly and take appropriate actions to ensure that Meta’s data processing practices are in full compliance with the NDPA. They demand that Meta be prohibited from using Facebook and Instagram data for AI training purposes without the explicit consent of the affected individuals and request that the NDPC impose appropriate sanctions and penalties on Meta if it is found to have violated the NDPA.

The petition emphasizes the importance of protecting individual privacy and safeguarding personal data, even in the context of technological advancements such as artificial intelligence. The Personal Data Protection Awareness Initiative urges the NDPC to take swift and decisive action to address this issue and ensure that the rights of data subjects are upheld.