The Nigeria Data Protection Commission (NDPC) has cautioned content creators against photographing or recording unsuspecting members of the public and posting such content on social media without their consent.
The commission issued the warning in a statement on Friday by its Head of Legal, Enforcement and Regulations, Mr Babatunde Bamigboye, in Abuja.
Bamigboye said the practice violates citizens’ rights 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 (NDPA).
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He noted that the commission had received reports of individuals filming or taking pictures of unsuspecting members of the public and sharing the content online for entertainment.
He cited a case involving a content creator who reportedly stood by roadsides in Lagos to produce a reality-style show using footage of unsuspecting passers-by.
According to the commission, using people’s images in such circumstances requires their consent, unless the creator can justify the action under other lawful bases of data processing.
Bamigboye added that preliminary investigations indicate such deliberate invasion of citizens’ privacy neither serves public interest nor any legitimate purpose.
“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.
He quoted Dr Vincent Olatunji, National Commissioner of NDPC, as directing social media platform owners to strengthen enforcement of their community guidelines.
Such platforms that required strengthened guidelines, he said included TikTok, X and services owned by Meta.
He said the directive aimed to prevent harm to individuals through unlawful and unfair processing of personal data.
NDPC warned that any platform owner that failed to address such harms promptly could face sanctions under the NDPA.
“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.
“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,” Bamigboye said.
NAN