The viral video of the recent Ibom Air altercation showing a female passenger with her blouse torn and boobs exposed raises serious questions under Nigeria’s data protection framework.
Article 17 (8) (a) of the General Application and Implementation Directive (GAID) 2025 under the NDPA allows implied consent for capturing images during public events, but with strict limits:
‘………. A data controller in this circumstance shall ensure that images captured do not portray data subjects in a bad light. In addition to other measures of duty of care, a data controller may put participants on notice that images captured may be used for reporting, journalistic or other purposes permitted by the NDP Act’.
Art 17(8)(a) emphasize that data subject images must not be portrayed in bad light meaning they should not present the individual in a manner that is degrading, humiliating, embarrassing, or likely to subject them to ridicule or moral harm. This includes exposure of intimate body parts, unflattering or misleading depictions, or any portrayal that compromises their dignity or reputation
A commercial flight is not a “public event” in the GAID sense, and even if the incident were deemed newsworthy, the duty of care remains. The recording and circulating a video that exposes intimate body parts without blurring or safeguarding the subject’s dignity is a clear breach of this duty.
This footage also amounts to the processing of sensitive personal data (physical characteristics of a sexual nature) without a lawful basis. Both the person who recorded the video and those who distributed it further could be liable for:
a) Unlawful processing of personal data under the NDPA;
b) Violation of the subject’s right to dignity and privacy under the Nigerian Constitution; and
c) Potential civil claims for damages.
The takeaway is clear: even in moments of conflict, the law demands that personal dignity be preserved. Data protection is not just about numbers and files, it is about people, and the right not to be reduced to a viral spectacle.
By: Hannah. O. Adeyemi
Data Privacy Lawyer
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