The Nigeria Data Protection Commission (NDPC) has expressed concern over the growing trend of individuals taking photographs and video recordings of unsuspecting members of the public and posting them on social media platforms.
The Commission noted that such actions amount to a violation of citizens’ rights to informational self-determination, as protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act (NDP Act), 2023.
Particularly troubling is the case of a content creator who reportedly positions herself along roadsides in Lagos State to film unsuspecting members of the public as part of a so-called “reality show.” The NDPC emphasized that capturing and processing people’s images in this manner requires their consent, unless the creator can clearly justify the activity under other lawful bases of data processing.
Preliminary findings by the Commission indicate that such deliberate invasion of citizens’ privacy serves neither a legitimate nor a public interest. Furthermore, individuals whose images are captured in these circumstances have no reasonable expectation that their likeness will be recorded and broadcast to a global audience by an unknown individual.
In response to these developments, the National Commissioner and Chief Executive Officer of the NDPC, Dr. Vincent Olatunji, has directed social media platform operators—including TikTok, X, and Meta to strengthen enforcement of their community guidelines to prevent harm arising from unlawful or unfair processing of personal data.
The Commission stressed that where any platform fails or neglects to promptly address such violations, the NDPC will not hesitate to apply appropriate sanctions in accordance with the provisions of the Nigeria Data Protection Act.
The NDPC further reiterated that individual content creators are responsible for their actions and may face legal consequences, including possible criminal prosecution, if found to have violated the privacy rights of citizens and other data subjects in Nigeria.
