NDPC warns content creators against unauthorised filming of citizens; threatens to sanction defaulters

The Nigeria Data Protection Commission (NDPC) has warned content creators against taking pictures or recording videos of unsuspecting members of the public and sharing them on social media without their consent. 

The commission said this on Friday, March 13, in a statement issued by Babatunde Bamigboye, head of legal, enforcement and regulations, in Abuja. 

Mr Bamigboye said such actions violated 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). 

He said the commission’s attention has been drawn to the activities of individuals who take pictures or video footage of unsuspecting members of the public and share them online for entertainment purposes. 

The gave an example with the case of a content creator who reportedly stood by roadsides in Lagos to create a reality show using footage of unsuspecting members of the public. 

The commission said processing people’s images in such circumstances required their consent unless the creator could justify the action under other lawful bases of data processing. 

He said preliminary investigations showed that such wilful invasion of citizens’ privacy neither served a public interest nor a 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,” Mr Bamigboye said. 

He quoted Vincent Olatunji, national commissioner of NDPC, as directing social media platform owners to strengthen enforcement of their community guidelines. 

He said such platforms that required strengthened guidelines 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,” Mr Bamigboye said.