The Nigeria Data Protection Commission (NDPC) has joined over 60 Data Protection Authorities worldwide in endorsing the “Joint Statement on AI-Generated Imagery and the Protection of Privacy,” a move aimed at strengthening global safeguards against the misuse of artificial intelligence technologies.

The endorsement was disclosed in a statement signed by the Commission’s Head of Legal, Enforcement and Regulations, Babatunde Bamigboye, who noted that the action reflects Nigeria’s growing alignment with international efforts to address emerging privacy risks linked to artificial intelligence.

According to the Commission, the joint statement was coordinated by the Global Privacy Assembly through its International Enforcement Cooperation Working Group. It highlights rising concerns over AI systems capable of generating highly realistic images and videos of identifiable individuals.

The NDPC said the endorsement underscores the urgent need for stronger regulatory vigilance as generative AI tools become increasingly sophisticated and widely accessible.

“The Joint Statement highlights concerns over the misuse of AI-powered tools to create non-consensual imagery, defamatory content and other harmful materials, particularly affecting children and vulnerable groups,” the Commission said.

It added that the statement calls on organisations to introduce robust safeguards, ensure transparency, provide effective mechanisms for the removal of harmful content and fully comply with existing data protection laws.

The Commission further explained that its endorsement forms part of Nigeria’s broader efforts to promote the responsible development and deployment of artificial intelligence technologies.

To reinforce compliance, the National Commissioner and Chief Executive Officer of the NDPC, Vincent Olatunji, has directed that Compliance Audit Returns under the Nigeria Data Protection Act will serve as a benchmark for evaluating responsible AI use in data processing activities.

Under the directive, data controllers and processors classified as being of major importance will be required to demonstrate, through audit submissions, that AI-driven data processing operations comply strictly with the provisions of the Act.

Regulators globally have expressed growing concerns that the increasing realism of AI-generated images and videos has complicated enforcement, particularly in cases involving impersonation, deepfakes and identity manipulation.

Nigeria’s current effort also aligns with broader national initiatives to regulate AI development. The Minister of Communications, Innovation and Digital Economy, Bosun Tijani, recently led efforts to develop the country’s National AI Strategy.

The NDPC also issued the General Application and Implementation Directive (GAID), which mandates privacy-by-design and privacy-by-default principles in the development and deployment of AI tools.

Meanwhile, the Commission disclosed that it launched an investigation in February into the Chinese e-commerce platform Temu over concerns that the personal data of millions of Nigerians may have been improperly handled.

According to the NDPC, the probe was triggered by concerns relating to online surveillance, transparency, accountability, data minimisation, duty of care and cross-border data transfers.

“Preliminary investigations indicate that Temu is an e-commerce platform which processes personal information of approximately 12.7 million data subjects in Nigeria with 70 million daily active users globally,” the Commission stated.

The regulator added that the scale of data collection raises significant questions about compliance with Nigeria’s data protection and privacy standards.

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TECHDIGEST – The Federal Government has issued a service-wide circular dated 7th November, 2022 with Ref No. SGF/OP/l/S.3/Xll/186, directing all Ministries, Departments and Agencies (MDAs) of government to comply with the provisions of the Nigeria Data Protection Regulation (NDPR). The Circular which was signed by the Secretary to the Government of the Federation, Mr. Boss Mustapha, is to the effect that MDAs should:

1. designate appropriate officers as their Data Protection Officers (DPOs) who will  on regular basis advise management on data processing  activities of their  organization and ensure compliance with the provisions of the NDPR and all  matters relating to protection of the privacy, rights and freedom of data subjects; 
2. forward the name and contact details of the DPOs to Nigeria Data  Protection Bureau (NDPB) for documentation and requisite induction training; 
3. appoint licensed Data Protection Compliance Organizations (DPCOs) who will  guide the MDAs through compliance framework and file their annual reports with the NDPB; 
4. make appropriate budgetary provision for annual Data Protection Audit compliance process and capacity building of Data Protection Officers as well as other staff; and
5.  on annual basis, file the report of their Data Protection Audit to the NDPB not later than the 30th day of March of every year.

The implementation of the Circular is with immediate effect. 

The National Commissioner and CEO, NDPB, Dr. Vincent Olatunji, lauds Federal Government for taking this historic step towards advancing fundamental rights and freedoms of Nigerian citizens and residents particularly in the area of privacy. “As an agency of government, we are cheered by this development because it clearly demonstrates the preparedness of public sector organizations and functionaries in providing an enabling environment for the growth of our digital economy. With this circular, over 200 million Nigerian citizens now have additional reference to call in aid in order to protect lives and livelihoods in a data driven ecosystem.

The Bureau will continue to cooperate with stakeholders so that the numerous benefits of lawful data processing such as job and wealth creation can spread to all nooks and crannies of Nigeria.

MDAs may wish to make enquiries at the headquarters of NDPB at No. 5 Donau Crescent Maitama, Abuja or visit www.ndpb.gov.ng. 

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