PRESS RELEASE
The attention of the Nigeria Data Protection Commission (NDPC) has been drawn to the activities of individuals who take pictures and video footage of unsuspecting members of the general public and share same on social media platforms. These acts violate the rights of citizens to informational self-determination as guaranteed under S.37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).
The particular case of a content creator who stands at roadsides in Lagos State to create a “reality show” of unsuspecting members of the general public raises concerns about abuse of rights in the name of entertainment. Processing the images of people, in this circumstance, requires consent unless the creator can justify her actions under other lawful bases of data processing. Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest. 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.
In the wake of this development, the National Commissioner/CEO of the Commission, Dr Vincent Olatunji, has directed platform owners (such as TikTok, X, and Meta) to step up enforcement of community guidelines with a view to preventing harm to individuals through unlawful and unfair processing of personal data.
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.
Signed
Babatunde Bamigboye, Esq. CDPRP
Head of Legal, Enforcement and Regulations
