The Nigeria Data Protection Commission has issued a warning to content creators against filming or taking photographs of unsuspecting members of the public and sharing such materials on social media without their consent.
The commission said the growing trend of recording individuals in public spaces for entertainment purposes, particularly for social media content, raises serious concerns about violations of citizens’ privacy rights.
In a statement released on Friday, the commission noted that it had received reports about individuals who take pictures or record video footage of unsuspecting people in public places and publish the materials online. According to the commission, such practices could amount to an infringement of the constitutional right to privacy and a breach of data protection laws in Nigeria.
The commission stressed that every individual has the right to control how their personal data, including images and videos, are collected, used and shared. It explained that capturing and distributing the images of people without their consent may constitute unlawful processing of personal data under the provisions of the Nigeria Data Protection Act, 2023.
The regulatory body particularly expressed concern about a situation involving a content creator who reportedly positions herself along roadsides in Lagos State to record unsuspecting passers-by as part of what she describes as a “reality show.” The commission said the practice involves filming individuals who are unaware that they are being recorded and later publishing the footage online.
According to the commission, a preliminary assessment of the activity suggests that the recordings are carried out primarily for entertainment purposes without any clear public or legitimate interest that would justify the use of people’s images without their knowledge or consent.
The commission emphasised that the right to informational self-determination is protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees citizens the right to privacy. It also pointed out that the Nigeria Data Protection Act establishes clear rules governing the collection, processing and dissemination of personal data.
Under the law, the commission explained that individuals must ordinarily give consent before their images or personal information can be captured and used, except in specific circumstances where such processing can be justified under other lawful grounds recognised by data protection regulations.
The commission further stated that people going about their normal activities in public spaces generally do not expect that their images will be recorded and shared with a wide online audience by individuals they do not know. As a result, the practice of secretly recording members of the public and distributing the content online could amount to a serious invasion of privacy.
In response to the development, the National Commissioner and Chief Executive Officer of the commission, Dr Vincent Olatunji, has directed operators of major social media platforms to intensify enforcement of their community guidelines in order to protect individuals from harm associated with the unlawful use of personal data.
According to the commission, social media platforms play a crucial role in ensuring that their systems are not used to facilitate actions that violate the privacy rights of users or members of the public. Platform owners have therefore been urged to strengthen monitoring mechanisms and take prompt action whenever harmful or unlawful content is reported.
The commission specifically noted that platforms must ensure that their policies regarding harassment, privacy violations and misuse of personal information are strictly enforced in order to prevent the spread of content that infringes on individuals’ rights.
It warned that regulatory action could be taken against any platform that fails to respond promptly to complaints involving privacy violations or the unlawful processing of personal data. Such actions could include sanctions under the Nigeria Data Protection Act if platforms are found to have neglected their responsibilities.
The commission also emphasised that while social media platforms have a role to play, individual content creators remain personally responsible for their actions. It stressed that those who create and distribute online content must ensure that they comply with existing laws and respect the privacy and dignity of others.
According to the commission, content creators who violate the privacy rights of citizens may face legal consequences, including criminal prosecution where their actions amount to breaches of the law.
The regulatory body urged members of the public to remain aware of their rights regarding personal data protection and encouraged individuals to report cases where their images or personal information are used without permission.
The commission reiterated its commitment to protecting the privacy of citizens and ensuring that personal data is processed in a lawful, fair and transparent manner across all sectors of society. It also called on digital content creators to adopt responsible practices that respect the rights, dignity and privacy of individuals while producing content for online audiences.
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