The Nigeria Data Protection Commission (NDPC) has issued a strong warning to content creators who record or photograph unsuspecting members of the public and post the materials on social media without their consent, saying such practices may violate citizens’ privacy rights under Nigerian law.
The warning was contained in a press statement released on March 13 by the commission following growing concerns about the increasing trend of online content that features members of the public who were filmed or photographed without their knowledge, particularly in Lagos State.
According to the commission, the practice raises serious privacy issues and may amount to unlawful processing of personal data, which is prohibited under Nigeria’s data protection laws.
The NDPC explained that the growing popularity of social media content creation has led some individuals to record random members of the public in markets, streets, and other public spaces in order to generate viral videos and online engagement. However, the commission emphasised that such activities must respect the legal rights of individuals, including their right to privacy and control over their personal information.
In its statement, the commission stressed that the trend violates the right to informational self-determination guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the provisions of the Nigeria Data Protection Act 2023.
Section 37 of the constitution guarantees the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications. The NDPC explained that the concept of informational self-determination extends this protection to the control individuals have over the collection and use of their personal data, including photographs and video recordings.
“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,” the statement said.
“These acts violate the rights of citizens to informational self-determination as guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023.”
The commission pointed to a specific case currently under review involving a content creator who allegedly records people along roadsides in Lagos State and publishes the footage online as a form of entertainment content described as a “reality show.”
According to the NDPC, the practice raises serious ethical and legal concerns because the individuals captured in the videos are unaware that they are being filmed and have not consented to the use of their images.
“The particular case of a content creator who stands at roadsides in Lagos State to create a ‘reality show’ of unsuspecting members of the general public raises concerns about abuse of rights in the name of entertainment,” the commission stated.
The NDPC explained that under Nigeria’s data protection law, the processing of personal data—including photographs and video recordings—generally requires the consent of the individuals involved unless there is another lawful basis for such processing.
In situations where people are recorded without their knowledge and their images are subsequently distributed online, the commission said the content creator must be able to demonstrate a valid legal justification for doing so.
However, preliminary investigations conducted by the commission suggest that the activities in question do not appear to serve any legitimate public interest.
“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 NDPC stated.
“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest.”
The commission further noted that individuals who appear in such videos have no reasonable expectation that their images would be captured and broadcast to a global audience by someone they do not know.
“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,” the statement added.
Beyond addressing the conduct of content creators, the NDPC also called on major social media companies to strengthen enforcement of their policies in order to prevent harm caused by the unlawful use of personal data.
The commission said technology companies must take more proactive steps to ensure that their platforms are not used to violate people’s privacy rights.
According to the statement, the National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, has directed digital platforms to enforce their community guidelines more strictly.
“In the wake of this development, the National Commissioner/CEO of the Commission, Dr. Vincent Olatunji, has directed platform owners such as TikTok, X and Meta Platforms to step up enforcement of community guidelines with a view to preventing harm to individuals through unlawful and unfair processing of personal data.”
The commission warned that social media companies that fail to respond promptly to harmful content could face regulatory penalties under the Nigeria Data Protection Act.
According to the NDPC, platform operators have a responsibility to ensure that violations of privacy rights are addressed quickly and effectively.
“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 NDP Act,” the statement said.
The regulator also stressed that individual content creators must understand that they are personally responsible for the content they produce and distribute online.
The NDPC warned that individuals who violate the privacy rights of others may face legal consequences, including criminal prosecution.
“More importantly, individual content creators are accountable for their acts and omissions, and may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria,” the commission stated.
The Nigeria Data Protection Commission was established following the enactment of the Nigeria Data Protection Act in 2023 to regulate the collection, storage, and processing of personal data in the country.
The commission is responsible for ensuring compliance with data protection regulations and safeguarding the privacy rights of individuals within Nigeria’s rapidly expanding digital economy.
As social media continues to shape communication, entertainment, and commerce across the country, the NDPC says it will remain vigilant in enforcing laws designed to protect citizens from misuse of their personal data.
The commission therefore urged content creators, social media users, and technology companies to respect privacy rights and comply with the provisions of Nigeria’s data protection laws in order to promote a safer and more responsible digital environment.
