You open Instagram and see your own face.
The problem? You never agreed to the post.
Maybe someone took the picture at a party. Perhaps they photographed you in public. They may even have found an old picture and uploaded it again.
So, can they legally post it?
In Nigeria, the answer depends on several factors.
Your Picture Can Be Personal Data
The Nigeria Data Protection Act 2023 protects personal data in Nigeria.
The law defines personal data as information that can identify a person. A photograph can fall into that category when it identifies you.
The Act also regulates how organisations and other parties process personal data. Processing includes using, sharing and disclosing information.
However, the law does not mean that every photograph needs permission before anyone can publish it.
The circumstances matter.
What If Someone Posts It Without Consent?
Consent is one lawful basis for processing personal data. But it is not the only one.
The Data Protection Act recognises other lawful grounds. These include certain legitimate interests and public-interest activities.
This means the question is not simply, “Did you give permission?”
You also need to ask why someone used the photograph and how they used it.
For example, a news organisation may publish a photograph as part of legitimate reporting. That situation can differ from someone posting your picture to harass or embarrass you.
What About Copyright?
There is another issue that many people overlook.
The person in a photograph does not automatically own the copyright.
Nigeria’s Copyright Act 2022 protects photographs as copyright works. In general, the person who takes the photograph may hold the copyright, subject to the circumstances surrounding its creation and ownership.
So two separate issues can arise.
You may have privacy or data-protection concerns about the use of your image. Someone else may also hold copyright in the photograph.
What If The Post Is Harmful?
The situation can become more serious when the post involves harassment, threats or false claims.
For example, someone might attach a false accusation to your photograph.
They could also use your picture to expose private information or encourage others to target you.
Other areas of Nigerian law may become relevant in situations like these. The exact legal position will depend on the facts.
What Should You Do?
Start by keeping evidence.
Take screenshots of the post. Save the account name and the URL. Keep relevant comments and messages too.
Next, you can ask the person to remove the photograph.
You can also report the post to the platform.
If the issue involves personal data, you can look to the Nigeria Data Protection Commission (NDPC) for information about your rights and available complaint channels.
For serious cases, consider speaking with a lawyer.
The Bottom Line
Finding your picture online does not automatically mean someone broke the law.
At the same time, being photographed does not mean you have given up every right connected to your image.
The purpose of the post matters. So does the way someone obtained and used the photograph.
In Nigeria’s increasingly digital world, knowing these differences can help people protect their privacy and avoid assuming that everything found online is automatically free to use.
This article provides general information and does not replace legal advice.
