With more Nigerians installing CCTV camera systems and other surveillance technology in their homes for added security, questions about privacy and consent are becoming harder to ignore. What does the Nigerian law say about recording visitors, domestic staff, and even guests in private residences? How do privacy laws come into play for those who choose to monitor their homes and those who they monitor?
According to Tolu Adeyemi, a dispute resolution lawyer, many Nigerians may not fully understand the legal implications of using surveillance technology even in their private residencies and so risk unintentional violations of the law.
Constitutional provisions for privacy
Section 37 of the Nigerian Constitution guarantees every citizen’s right to privacy, including their “homes, correspondence, telephone conversations, and telegraphic communications.” This means that recording someone’s movements or conversations even in your home can raise legal issues, if done without their knowledge.
Bernard Daniel Oke, who specialises in intellectual property rights, data protection and privacy, and media law, explains that Section 28 of the 2023 Nigerian Data Protection Act makes provision for data collated from CCTV camera systems installed even in residential homes. It “mandates a data controller (in this case, a home lender or a person who uses CCTV surveillance in their home) to carry out a privacy impact assessment” to identify the risks and impact of processing someone’s personal data. According to the Act, the data controller should consult the Nigeria Data Protection Commission if the assessment “indicates that the processing of the data would result in a high risk to the rights and freedoms of a data subject.”
“By recording a person, we are collecting their private data, which is to be protected,” explains Adeyemi. Nigerians who use CCTV camera systems and other surveillance tech have a duty to inform people that their data is being collected, Adeyemi argues, adding that people who are being recorded “have a right to consent or refuse.” Even if the footage is captured within a private residence, the data collected is still considered personal information of the individuals recorded and is protected, Adeyemi explains.
Hauwa E. Amuneh, a corporate and commercial lawyer, agrees. “You must inform people that they are being recorded,” she says. Failing to notify individuals can lead to penalties, and the National Information Technology Development Agency (NITDA) has the power to investigate such breaches and impose fines on offenders, according to Amuneh.
While the law is clear on the need for consent when using surveillance tech, there are still grey areas.
Queen-Esther Ifunanya Emma-Egbumokei, a corporate lawyer with international commercial and creative economy specialisation, says there is no explicit prohibition in the constitution for CCTV use in residential homes. Privacy concerns may depend on context, she says, and a person may choose not to inform guests or domestic staff of the presence of surveillance tech in their private residence. “It only becomes illegal when it’s not done in good faith,” she adds.
For instance, Oke says that a person can’t use the excuse of having CCTV systems in their home for security purposes, to record “data regarding private moments (unclad moments) of visitors in your residence.”
Emma-Egbumokei supports this. According to her, surveillance technology can’t be placed in private living areas like bathrooms of domestic staff. “It should be [set up] in the kitchen, [and other] public parts of your home.” Overall, whatever footage is collected must be limited to what is necessary for the intended purpose which is largely security.
Amuneh points out that if CCTV footage is used as evidence in a criminal case, it is generally admissible in court. “What is important is the relevance of the evidence,” Amuneh says.
Balancing security and privacy
Given these complexities, how can Nigerians protect themselves from potential lawsuits while still securing their homes with surveillance technology?
Amuneh advises homeowners to install CCTVs for legitimate purposes, avoid misleading those being recorded, and use the footage in good faith. This means clearly indicating that a space is under surveillance, even in a home setting.
Oreoluwa Kayode, who specialises in technology law, believes that Nigeria’s “lag’’ in creating clear policies around surveillance technologies like CCTVs adds to the challenges faced in the legal system. Nigerian homeowners can be vulnerable to lawsuits as public awareness of data privacy laws continue to grow. Clearer guidelines from regulatory bodies like NITDA will be essential to prevent costly legal battles.
Other parts of the continent are witnessing some of these kinds of lawsuits. According to Oke, “A Kenyan court once held in Ondieki v Hellen Maeda that installation of CCTV cameras in a residential area is a violation of a person’s constitutional rights to privacy depending on the circumstances of the matter.” Section 31 of Kenya’s 2019 Data Protection Act like Section 28 of Nigeria’s 2023 Nigerian Data Protection Ac require data controllers to carry out impact assessments to ascertain the risks and impact of private data collection.
Adeyemi says that Nigerians who own surveillance tech in their homes should also be prepared because “many people are unaware of their rights [to privacy], and when they do become aware, [the homeowners could end up] paying damages for the breach.”
For Nigerians considering or already using CCTVs and other surveillance tech, the message is clear: transparency is key. It might not just save you from a lawsuit; it could also strengthen the trust between you and those who enter your space.
