NDPC warns content creators against violating citizens’ privacy

The Nigeria Data Protection Commission (NDPC) has warned social media content creators against recording and sharing images or videos of unsuspecting members of the public without their consent, describing the practice as a violation of citizens’ privacy rights.

In a statement issued by the Commission’s Head of Legal, Enforcement and Regulations, Babatunde Bamigboye, the NDPC said it had received reports of individuals taking photographs and video footage of unsuspecting members of the public and posting them on social media platforms for entertainment.

According to the Commission, such actions violate the constitutional right to privacy guaranteed under the 1999 Constitution of the Federal Republic of Nigeria, as well as the provisions of the Nigeria Data Protection Act, 2023, which protect citizens’ rights to informational self-determination.

The Commission specifically raised concerns over the activities of a content creator who reportedly stages roadside “reality show” videos in Lagos State, capturing unsuspecting members of the public and posting the footage online.

According to the NDPC, processing individuals’ images in such circumstances requires their consent unless the content creator can justify the action under other lawful bases for data processing.

“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest,” the statement said, noting that the individuals involved had no expectation that their images would be captured and shared online by strangers.

The National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, has therefore directed social media platform owners, including TikTok, X and Meta Platforms, to strengthen enforcement of their community guidelines to prevent harm caused by unlawful and unfair processing of personal data.

The Commission warned that it would not hesitate to impose sanctions under the Nigeria Data Protection Act if platform owners fail to act promptly in addressing violations.

It also stressed that individual content creators would be held accountable for their actions and could face criminal prosecution if found guilty of infringing on the privacy rights of citizens and other data subjects in Nigeria.