NDPC Issues Stern Warning to Content Creators Over Unauthorized Citizen Filming
The Nigeria Data Protection Commission (NDPC) has issued a strong warning to content creators across the country against taking pictures or recording videos of unsuspecting members of the public and sharing them on social media platforms without obtaining proper consent. This significant announcement was made on Friday, March 13, through an official statement released by Babatunde Bamigboye, the head of legal, enforcement and regulations at the commission's headquarters in Abuja.
Violation of Constitutional and Legal Rights
Mr. Bamigboye emphasized that such unauthorized filming activities constitute a clear violation of citizens' fundamental rights to informational self-determination. These rights are specifically protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and further reinforced by the comprehensive provisions of the Nigeria Data Protection Act (NDPA). The commission has become increasingly concerned about individuals who capture footage of unaware citizens and distribute it online primarily for entertainment purposes, without considering the legal and ethical implications.
Specific Case Example from Lagos
The NDPC highlighted a particularly concerning case involving a content creator who reportedly positioned themselves at various roadside locations in Lagos to produce a reality-style show using footage of unsuspecting members of the public. According to the commission's statement, processing people's personal images in such circumstances requires explicit consent from the individuals involved, unless the creator can provide legitimate justification under other lawful bases for data processing as outlined in the NDPA.
Preliminary investigations conducted by the commission have revealed that such deliberate invasions of citizens' privacy typically do not serve any genuine public interest or legitimate purpose. Mr. Bamigboye noted that in these situations, the data subjects involved have no reasonable expectation that their images will be captured and broadcast to a global audience by unknown individuals.
Directive to Social Media Platforms
The statement quoted Vincent Olatunji, the national commissioner of NDPC, as issuing a clear directive to social media platform owners to significantly strengthen the enforcement of their existing community guidelines. Platforms specifically mentioned as requiring enhanced guideline enforcement include:
- TikTok
- X (formerly Twitter)
- Various services owned by Meta (including Facebook, Instagram, and WhatsApp)
This directive aims to prevent potential harm to individuals resulting from unlawful and unfair processing of personal data through these digital platforms.
Potential Sanctions and Legal Consequences
The NDPC issued a stern warning that any platform owner failing to address such privacy violations promptly could face substantial sanctions under the provisions of the Nigeria Data Protection Act. Mr. Bamigboye stated unequivocally that where a platform owner neglects to act in a timely manner to address these harms, the commission will not hesitate to impose appropriate sanctions as permitted by the NDP Act.
More significantly, the commission emphasized that individual content creators remain personally accountable for their actions and omissions. Those who violate the privacy rights of citizens and other data subjects in Nigeria may face criminal prosecution under the law. This represents a significant escalation in the enforcement of data protection regulations in the country's digital content creation landscape.
