The Nigeria Data Protection Commission (NDPC) has warned content creators against recording and sharing images or videos of unsuspecting members of the public without their consent, stressing that such actions violate citizens’ privacy rights.
In a press release on Friday, the Commission said it had observed a growing trend of individuals filming members of the public and posting the footage on social media platforms for entertainment or content creation.
According to the NDPC, such activities breach the right to informational self-determination guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act.
The Commission cited a recent case involving a content creator who reportedly stands along roadsides in Lagos State to film unsuspecting people as part of a “reality show” format, raising concerns about abuse of citizens’ rights in the name of entertainment.
The National Commissioner/CEO of the NDPC, Vincent Olatunji, directed social media platform owners to strengthen enforcement of their community guidelines to prevent harm to individuals through unlawful processing of personal data.
“Processing the images of people in such circumstances requires their consent unless the creator can justify the action under other lawful bases of data processing,” the statement said.
The Commission also warned that individuals featured in such videos often have no expectation that their images will be captured and shared globally by unknown persons.
“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest,” the statement added.
NDPC further stated that content creators could face sanctions or even criminal prosecution if they violate citizens’ privacy rights.
“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.
“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.”