News Highlights
- NDPC says recording and posting unsuspecting citizens online violates privacy rights under the Constitution and the Nigeria Data Protection Act, 2023.
- Statement signed by the Commission warns offenders, including platform owners, risk sanctions and possible criminal prosecution.
The Nigeria Data Protection Commission (NDPC) has warned content creators to respect citizens’ privacy when producing and sharing social media content, cautioning that violations could attract sanctions and criminal liability.
In a statement signed by the Head of Legal, Enforcement and Regulations at the Commission, Babatunde Bamigboye, the NDPC said it had received complaints about individuals who photograph or record unsuspecting members of the public and publish the material online without consent.
According to the Commission, such actions breach citizens’ rights to informational self-determination as guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act (NDP Act), 2023.
The NDPC cited a particular case in Lagos State, where a content creator reportedly films unsuspecting passers-by at roadsides for a “reality show,” describing the practice as an 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,” the statement said.
It added that preliminary investigations indicate the activity serves neither a public nor legitimate interest and that those filmed had no reasonable expectation that their images would be broadcast to a global audience by an unknown individual.
The National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, has directed major social media platforms, including TikTok, X, and Meta, to strengthen enforcement of their community guidelines to prevent harm arising from unlawful or unfair processing of personal data.
The Commission warned that platform owners who fail to act promptly on reported violations could face regulatory sanctions under the NDP Act.
It further stressed that individual creators remain personally accountable for their actions and omissions, noting that those found to have violated privacy rights may be liable to criminal prosecution in Nigeria.
The NDPC said the warning was intended to safeguard citizens’ privacy in the digital space while ensuring that online creativity does not come at the expense of fundamental rights.