NDPC Warns Content Creators: Respect Citizens’ Privacy or Risk Criminal Prosecution

Lagos – The Nigeria Data Protection Commission (NDPC) has issued a stern warning to social media content creators, particularly those operating in public spaces across Lagos State, to stop filming and sharing videos or images of unsuspecting members of the public without their consent.

The Commission said its attention has been drawn to the growing practice where individuals capture pictures and video footage of ordinary citizens and upload them on platforms for entertainment or viral content, describing the trend as a clear violation of citizens’ rights to informational self-determination under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act, 2023 (NDP Act).

As previously reported by NaijaChoice News, the explosion of roadside “reality shows” and street vlogs in Lagos has triggered public complaints, with many residents lamenting that they are being turned into unwilling stars of online content without their knowledge or approval.

The NDPC singled out one particular case involving a content creator who routinely stations herself at roadsides in Lagos to produce what she describes as a “reality show” featuring passers-by. Preliminary investigation by the Commission found that the processing of these images serves no public or legitimate interest. Citizens captured in such videos, the NDPC noted, have no expectation that their personal data would be shared with the entire world by a complete stranger.

In response to the rising concerns, the National Commissioner/CEO of the NDPC, Dr Vincent Olatunji, has directed platform owners including TikTok, X, and Meta to immediately step up enforcement of their community guidelines and prevent further harm through unlawful and unfair processing of personal data.

“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,” the Commission stated.

More importantly, the NDPC stressed that individual content creators are personally accountable for their acts and omissions. They may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria.

This fresh directive comes amid public uproar over similar unauthorised filming incidents, including recent videos shot on Lagos BRT buses and queues where creators highlighted transport shortages but captured fellow commuters without permission.

The Commission reminded all content creators that processing personal data, including images and videos, requires explicit consent unless another lawful basis under the NDP Act can be clearly justified.

NaijaChoice News gathered that the NDPC’s move aligns with its ongoing drive to enforce data protection laws, following earlier collaborations with platforms like Meta on nationwide privacy education campaigns and investigations into other digital service providers.

Members of the public who feel their privacy has been breached are encouraged to report directly to the Commission, while content creators have been advised to review their practices to avoid running foul of the law.

The NDPC warned that it will not tolerate the abuse of citizens’ rights in the name of entertainment.