NDPC Warns Content Creators Against Filming Citizens Without Consent
By Stella Enenche, Abuja
The Nigeria Data Protection Commission (NDPC) has warned content creators against filming or photographing unsuspecting members of the public and sharing such materials on social media without their consent.
NDPC issued the warning in a statement signed by the Head of Legal, Enforcement and Regulations, Babatunde Bamigboye on Friday in Abuja.
The Commission explained that the practice violates citizens’ rights to informational self-determination as guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act 2023.
NDPC said its attention had been drawn to individuals who capture images and video footage of unsuspecting members of the public and post them online, describing the trend as a violation of privacy rights.
The Commission cited a case involving a content creator who reportedly stands by roadsides in Lagos State to film unsuspecting passersby for a “reality show” shared on social media.
According to the NDPC, processing or sharing the images of individuals in such circumstances requires their consent unless the content creator can justify the action under other lawful bases of data processing.
Preliminary investigations by the Commission indicated that the activity constitutes a wilful invasion of citizens’ privacy and does not serve any legitimate public interest.
The Commission stressed that individuals captured in such recordings have no reasonable expectation that their images would be taken and shared globally by unknown persons.
Consequently, the National Commissioner of NDPC, Vincent Olatunji, has directed social media platform owners, 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 warned that platform owners who fail to promptly address such violations could face sanctions under the data protection law.
It also noted that individual content creators would be held accountable for their actions and could face criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria.
