National Data Protection Commission cautions online producers to refrain from recording individuals without their permission

The Nigeria Data Protection Commission has issued a warning to content creators, stating that filming members of the public without their consent will result in criminal prosecution and regulatory sanctions against social media platforms that fail to address complaints, as outlined in a statement released on Friday and signed by Babtunde Bamigboye, Head of Legal, Enforcement and Regulations.

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This warning follows a controversy involving a Lagos-based TikToker, Ella, who alleged she was harassed by staff at a Bus Rapid Transit terminal in Ikorodu while documenting long queues and bus shortages at the facility.

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The commission has been alerted to the growing trend of individuals taking pictures and videos of unsuspecting people and sharing them on social media, which is considered a violation of the constitutional right to privacy.

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A preliminary investigation into the controversy revealed that this practice serves neither a public nor a legitimate interest, and the individuals captured in such content had no expectation that their images would be recorded and shared with the world by an unknown person.

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According to the commission, 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.

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The commission stated that processing the images of people in such circumstances requires explicit consent unless the creator can justify the action under other lawful bases of data processing.

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A specific case of a content creator who films unsuspecting members of the general public in Lagos State to create a "reality show" has raised concerns about abuse of rights in the name of entertainment.

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In response to the development, the Commission's National Commissioner and Chief Executive, Dr. Vincent Olatunji, has directed platform owners, including TikTok, X, and Meta, to strengthen enforcement of their community guidelines to prevent harm caused by unlawful and unfair processing of personal data.

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The commission warned that it would take action against non-compliant platforms, stating that where a platform owner fails to act in a timely manner, the Commission will not hesitate to impose appropriate sanctions under the NDP Act.

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Individual content creators have also been placed on notice, with the commission emphasizing that they remain personally accountable for their conduct.

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Content creators may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria, according to the commission.