Nigeria’s data protection watchdog has issued a stern warning to digital content creators filming unsuspecting members of the public and sharing the footage online, cautioning that such practices may violate the country’s privacy and data protection laws.
The Nigeria Data Protection Commission (NDPC) says it has received reports of individuals recording people without their knowledge and posting the videos on social media platforms for entertainment purposes.
According to the data protection agency in a statement seen by Technology Times, the practice infringes on citizens’ right to informational self-determination as protected under Section 37 of the 1999 Constitution and reinforced by the Nigeria Data Protection Act.
The NDPC explains that images and videos of individuals constitute personal data, meaning that capturing and distributing such content falls within the scope of data processing under the law.
Filming people without consent may breach data protection law
The NDPC explains that images and videos of individuals constitute personal data, meaning that capturing and distributing such content falls within the scope of data processing under the law.
Under the Act, organisations and individuals acting as data processors, including businesses, government institutions, and digital platforms, must ensure that personal data is handled lawfully, fairly, and transparently.
NDPC says that creators who film members of the public without their knowledge typically require the consent of those individuals before publishing the footage online, unless they can demonstrate another lawful basis for processing the data.
“The activities of individuals who take pictures and video footage of unsuspecting members of the general public and share same on social media platforms violate citizens’ rights to privacy and data protection,” the commission said.
“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,” the Nigerian data protection agency says.
Regulator: Lagos roadside “reality show” raises privacy concerns
The NDPC referenced a specific case involving a content creator filming people along roadside locations in Lagos as part of what was described online as a “reality show.”
According to the regulator, the case highlights growing concerns about the misuse of personal data in the name of entertainment.
“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,” the Nigerian data protection agency says.
Preliminary findings, the NDPC says, indicate that the activity does not meet the legal threshold required to justify processing personal data in the public interest.
“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate interest,” according to the agency’s statement.
“The data subjects involved have no expectation that their images will be captured and shared with the whole world by an unknown individual.”
Dr Vincent Olatunji, National Commissioner/CEO of the NDPC, has also directed major social media companies to strengthen enforcement of their community standards to curb such practices. The regulator specifically called on platforms including TikTok, X (formerly Twitter), and Meta Platforms to respond more swiftly to privacy complaints involving unauthorised filming and sharing of personal images.
NDPC directs social media platforms to enforce rules
Dr Vincent Olatunji, National Commissioner/CEO of the NDPC, has also directed major social media companies to strengthen enforcement of their community standards to curb such practices.
The regulator specifically called on platforms including TikTok, X (formerly Twitter), and Meta Platforms to respond more swiftly to privacy complaints involving unauthorised filming and sharing of personal images.
Olatunji says platform owners must step up enforcement of their community guidelines to prevent harm to individuals through unlawful and unfair processing of personal data.
Data protection agency says social media platforms, creators risk sanctions
The NDPC warned that technology platforms could face sanctions if they fail to respond promptly to reports of privacy violations on their services.
Individual content creators could also face legal consequences if they are found to have breached citizens’ privacy rights.
“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,” NDPC says.
The data protection regulator’s warning underscores growing regulatory scrutiny of online content practices in Nigeria as authorities seek to balance digital creativity with the protection of citizens’ personal data and privacy rights.
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