The Nigeria Data Protection Commission has issued a strong warning to content creators against recording unsuspecting members of the public without their consent, stating that offenders risk criminal prosecution while social media platforms could face regulatory sanctions if they fail to address complaints.
The warning was contained in a statement released on Friday and signed by Babtunde Bamigboye.
The statement followed a controversy involving a Lagos-based TikTok creator identified as Ella, who alleged that staff members at a Bus Rapid Transit terminal in Ikorodu harassed her while she was documenting long queues and a shortage of buses at the facility.
According to the commission, it has received reports about a rising trend of individuals capturing images and videos of unsuspecting members of the public and sharing such content online. The commission described the practice as a violation of citizens’ constitutional right to privacy.
Citing findings from a preliminary review of the incident, the commission said the practice does not serve a legitimate public interest and that people captured in such recordings do not expect that their images would be taken and distributed globally by unknown individuals.
“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 read.
The commission also criticised the growing trend of street-based content creation that involves secretly recording members of the public for 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 statement added.
Following the development, the National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, directed social media platform operators including TikTok, X, and Meta Platforms to strengthen enforcement of their community guidelines in order to prevent harm linked to what the commission described as unlawful and unfair processing of personal data.
The commission warned that platforms that fail to respond promptly to complaints could face penalties under the law.
“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,” the statement cautioned.
Content creators were also reminded that they remain individually responsible for their actions and could face legal consequences if they violate the privacy rights of others.
“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,” the commission stated.
What you should know
The Nigeria Data Protection Commission is responsible for enforcing the Nigeria Data Protection Act 2023, which regulates how personal data is collected, processed and shared in Nigeria.
The law aims to protect citizens’ privacy rights and ensure that organisations and individuals handle personal data responsibly.
Violations of the Act can attract regulatory penalties, fines or criminal prosecution depending on the severity of the breach.
