The Nigeria Data Protection Commission (NDPC) has cautioned content creators against filming or photographing unsuspecting members of the public and posting such materials on social media without their consent, warning that the practice could violate citizens’ privacy rights under Nigerian law.
In a statement issued on March 13, the commission expressed concern over a growing trend in which individuals record members of the public for online content, particularly in Lagos State, and share the footage across social media platforms.
The regulator said the practice raises significant privacy concerns and may amount to unlawful processing of personal data.
According to the commission, the actions contravene the right to informational self-determination guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and provisions of the Nigeria Data Protection Act 2023.
“The attention of the Nigeria Data Protection Commission 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,” the statement said.
The commission referenced a specific case involving a content creator who allegedly records people along roadsides in Lagos to produce what is described as “reality show” style content.
NDPC noted that such activities could constitute an abuse of citizens’ privacy rights under the guise of entertainment, stressing that the processing of individuals’ images in such circumstances requires their consent unless there is another lawful basis for doing so.
“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest,” the statement added, noting that individuals captured in such videos do not reasonably expect their images to be broadcast to a global audience by unknown persons.
The National Commissioner and Chief Executive Officer of the commission, Vincent Olatunji, also urged major social media platforms to strengthen enforcement of their community guidelines to curb the misuse of personal data online.
He specifically directed digital platform operators including TikTok, X and Meta Platforms to step up monitoring and enforcement measures to prevent harm caused by unlawful data processing.
The commission warned that failure by platform owners to act promptly in addressing 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 Nigeria Data Protection Act,” the statement said.
It further stressed that individual content creators remain responsible for their actions and could face criminal prosecution for violating the privacy rights of Nigerians.
The NDPC was established following the enactment of the Nigeria Data Protection Act in 2023 to regulate compliance with data protection laws and safeguard the privacy rights of individuals within Nigeria’s expanding digital economy.
