The Nigeria Data Protection Commission (NDPC) has cautioned content creators against recording or photographing unsuspecting members of the public and sharing the material on social media without their consent, warning that such actions may violate citizens’ privacy rights under Nigerian law.
The warning was issued in a press statement released on March 13 by the commission, following concerns about individuals producing online content using footage of unsuspecting members of the public, particularly in Lagos State. The regulator said the practice raises serious privacy concerns and could amount to unlawful processing of personal data.
In the statement, the commission said the trend violates the right to informational self-determination guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act 2023.
“The attention of the Nigeria Data Protection Commission (NDPC) has been drawn to the activities of individuals who take pictures and video footage of unsuspecting members of the general public and share same on social media platforms. These acts violate the rights of citizens to informational self-determination as guaranteed under S.37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).”
The commission cited a particular case involving a content creator who reportedly films members of the public along roadsides to produce a form of “reality show” content, describing the practice as a potential abuse of privacy rights under the guise of entertainment.
“The particular case of a content creator who stands at roadsides in Lagos State to create a “reality show” of unsuspecting members of the general public raises concerns about abuse of rights in the name of entertainment. Processing the images of people, in this circumstance, requires consent unless the creator can justify her actions under other lawful bases of data processing. Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest. In any event, the data subjects involved have no expectation that their images will be captured and shared with the whole world by an unknown individual.”
The NDPC also called on major social media companies to strengthen enforcement of their rules to help prevent harm caused by unlawful use of personal data.
According to the statement, the National Commissioner and Chief Executive Officer of the commission, Vincent Olatunji, has directed digital platforms to ensure stricter adherence to their community guidelines.
“In the wake of this development, the National Commissioner/CEO of the Commission, Dr Vincent Olatunji, has directed platform owners (such as TikTok, X, and Meta) to step up enforcement of community guidelines with a view to preventing harm to individuals through unlawful and unfair processing of personal data.”
The commission further warned that failure by social media platforms to respond promptly to harmful content could attract regulatory sanctions under the data protection law.
“For the avoidance of doubt, where a platform owner fails or neglects to act timeously in addressing harms, the Commission will not hesitate to impose appropriate sanctions under the NDP Act. More importantly, individual content creators are accountable for their acts and omissions, and may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria.”
The NDPC was established following the enactment of the Nigeria Data Protection Act in 2023 to oversee compliance with data protection laws and safeguard the privacy rights of individuals in Nigeria’s growing digital economy.
Ademide Adebayo
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