The Nigeria Data Protection Commission, NDPC, has warned social media content creators against filming or photographing members of the public without their permission and posting the material online.
The warning was issued on Friday, March 13, in a statement released in Abuja by Babatunde Bamigboye, the head of legal, enforcement and regulations at the commission.
Bamigboye explained that capturing and sharing images or videos of individuals without their consent infringes on citizens’ right to informational self-determination, which is protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act.
He noted that the commission had observed a growing trend where individuals record unsuspecting members of the public and upload the content on social media platforms primarily for entertainment.
The commission cited a content creator who allegedly positioned himself along roadsides in Lagos to film members of the public for a reality-style show without their knowledge.
According to the NDPC, the use or processing of people’s images in such circumstances requires their consent unless the individual creating the content can justify it under another lawful basis permitted by data protection regulations.
The commission added that preliminary findings suggested that these acts of intrusion into people’s privacy neither serve the public interest nor fulfil 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 further disclosed that Vincent Olatunji, the national commissioner of NDPC, has instructed social media platform operators to tighten the enforcement of their community guidelines.
Platforms identified in the directive include TikTok, X, and services owned by Meta.
The move, Bamigboye said, is intended to reduce the risk of harm to individuals resulting from the unlawful or unfair use of their personal data.
The commission also warned that social media companies that fail to take swift action against such violations could face sanctions under the Nigeria Data Protection Act.
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