The Nigeria Data Protection Commission (NDPC) has cautioned content creators against capturing and sharing images or videos of unsuspecting members of the public without their consent, warning that such actions could violate citizens’ privacy rights and attract legal sanctions.
In a statement issued yesterday, the Commission said that it had observed a growing trend of individuals filming unsuspecting members of the public and posting the footage on social media platforms for entertainment.
According to the NDPC, such activities infringe on citizens’ rights to informational self-determination as guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act 2023. The Commission specifically cited a case involving a content creator who reportedly records unsuspecting people along road sides in Lagos State as part of a “reality show” format shared online.
The NDPC noted that processing people’s images in such circumstances requires their consent unless the creator can establish another lawful basis for data processing. It added that preliminary investigations suggest the activity amounts to a willful invasion of citizens’ privacy and does not serve any public or legitimate interest.
The Commission stressed that individuals featured in such recordings typically do not expect their images to be captured and distributed to a global audience by unknown persons.
The National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, also directed social media platforms; including TikTok, X, and Meta Platforms; to strengthen enforcement of their community guidelines to prevent harm arising from the unlawful or unfair processing of personal data.
The Commission warned that where platform operators fail to act promptly in addressing such violations, the NDPC will impose appropriate sanctions in accordance with the provisions of the Data Protection Act.
