GB WhatsApp is an alternate or modified version of WhatsApp. In essence, it is a distinct app that needs to be downloaded through an APK. Notorious features of GB WhatsApp includes, among others; using dual WhatsApp account on the same device, hiding messages ticks, viewing deleted status and messages etc.
Interestingly, Section 37 of the Nigerian Constitution guarantees right to privacy. Although, "privacy" is not expressly defined by the Constitution, however, the law seeks to protect citizens from intrusion of their homes, correspondences, telephone conversations, and telegraphic communications. Simply put, the primary essence of this right is to protect an individual from invasion of his home without permission or his telegraphic communications, inter Alia.
Bearing in mind this trite position of law as regards privacy, the question that comes to mind is; whether viewing and replying deleted messages and statuses by GB WhatsApp users is an infringement of right to privacy?
Given that the rationale behind the protection of right to privacy is to exclude a third party or the public eye from prying into personal affairs, it is safe to say that viewing deleted messages and statuses and replying to same may amount to breach of right to privacy.
When a WhatsApp message or status is deleted, it connotes withdrawal and that the Individual does not want anyone to see it. If it is viewed and replied to by a GB WhatsApp user, then, there is said to be a breach of privacy as guaranteed by Section 37 of the Nigerian Constitution.
Therefore, application programmers/developers should endeavor to observe and ensure this right when developing applications.
Greatness Eyonsa
(Faculty of Law, University of calabar).
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