NDPC warns creators over privacy violations, saying filming or photographing Nigerians without consent may breach the Nigeria Data Protection Act

The Nigeria Data Protection Commission on Friday warned social media content creators against photographing or filming members of the public without their knowledge and posting the footage online, saying such actions could breach Nigeria’s data protection laws.

Also read: NCDMB Enforces Mandatory 1% Nigerian Content Fund Levy

The caution, issued as NDPC warns creators over privacy violations, was contained in a statement released in Abuja by the commission’s Head of Legal, Enforcement and Regulations, Mr Babatunde Bamigboye.

Bamigboye said capturing and publishing images of unsuspecting individuals without their consent could violate their privacy rights and contravene provisions of the Nigeria Data Protection Act as well as Section 37 of the Constitution of the Federal Republic of Nigeria 1999.

According to him, the commission has received reports of individuals who record members of the public without permission and upload the footage on social media platforms for entertainment purposes.

He cited a recent case involving a content creator who allegedly positioned himself by roadsides in Lagos to film unsuspecting passers-by as part of a reality-style social media programme.

The commission explained that using people’s images in such a manner requires their consent, except where there is another lawful basis for processing personal data.

Bamigboye said preliminary findings suggested that such actions amount to a deliberate intrusion into the privacy of citizens and do not serve any legitimate public 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,” Bamigboye said.

The official added that the National Commissioner of the NDPC, Vincent Olatunji, had directed operators of social media platforms to strengthen enforcement of their community guidelines.

Platforms identified for stricter compliance measures include TikTok, X and services owned by Meta Platforms.

Bamigboye said the directive was intended to prevent individuals from suffering harm as a result of unlawful or unfair handling of personal data.

The commission warned that platform owners who fail to act swiftly in addressing such violations could face sanctions under the data protection law.

“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,” Bamigboye said.

Also read: Growing SSANIP Discontent over Unpaid Promotion Arrears

He also stressed that individual content creators remain accountable for their actions and could face criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria.