The Nigeria Data Protection Commission (NDPC) has cautioned content creators against recording or photographing unsuspecting members of the public without their consent, warning that offenders could face criminal prosecution.
In a statement issued on Friday, the commission also warned that social media platforms that fail to address such violations risk sanctions under the law.
The NDPC said it had received reports of individuals who film or take pictures of unsuspecting citizens and post the content on social media, describing the practice as a violation of people’s constitutional right to privacy.
The commission cited a particular case involving a content creator in Lagos State who reportedly stands by roadsides to film unsuspecting passers-by for what she describes as a “reality show.”
According to the NDPC, preliminary findings indicated that the activity serves neither a public nor a legitimate interest.
“These acts violate the rights of citizens 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, 2023,” the statement said.
The commission noted that capturing and sharing images of individuals in such circumstances requires their consent unless the creator can establish another lawful basis for processing the data.
It added that people going about their daily activities do not reasonably expect their images to be recorded and broadcast online by unknown individuals.
The National Commissioner and Chief Executive Officer of the NDPC, Dr. Vincent Olatunji, has therefore directed major social media platforms, including TikTok, X and Meta, to strengthen enforcement of their community guidelines to prevent harm caused by the unlawful processing of personal data.
The commission warned that it would not hesitate to impose sanctions on platforms that fail to act promptly in addressing such violations.
It also stressed that individual content creators remain personally responsible for their actions and could face criminal prosecution for breaching the privacy rights of citizens and other data subjects in Nigeria.
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