OPINION: Marriage Does Not Eliminate Your Right to Privacy

By Dr. Hammajam Ahmed Adamu

As a cybersecurity, privacy and data protection professional, I have spent years helping organisations protect information and build trust. Increasingly, however, I have observed that some of the most serious privacy violations occur not in corporations or government institutions, but within families.

The recent social media controversy involving Saleem Goje serves as a reminder of how quickly private communications, family disputes and personal information can become public, causing reputational, emotional and financial harm. Regardless of the specific facts of any individual case, one lesson is undeniable: once private information is exposed online, the consequences can be immediate, far-reaching and, in many cases, permanent.

It was this growing concern that inspired the establishment of the Family Privacy, Digital Trust and Security Initiative (FPDTSI).

One of the most common misconceptions I encounter is the belief that marriage extinguishes an individual’s right to privacy. It does not.

Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees the privacy of citizens, their homes, correspondence, telephone conversations and communications. Marriage does not suspend this constitutional protection.

Similarly, the Nigeria Data Protection Act (NDPA) 2023 recognises every individual’s right to have personal data processed lawfully, fairly and securely. Depending on the circumstances, unauthorised access to a spouse’s mobile phone, the publication of private messages, disclosure of personal photographs, circulation of confidential communications or the exposure of sensitive personal information on social media may have legal consequences.

Privacy rights remain enforceable regardless of marital status. A husband or wife whose private information has been unlawfully disclosed may seek legal remedies through the courts, including constitutional enforcement actions, claims for damages, injunctive relief and, where applicable, complaints before the Nigeria Data Protection Commission.

Nigerian courts have consistently recognised that marriage does not extinguish an individual’s legal rights. Being married to someone does not grant unrestricted authority to access, publish or distribute that person’s private information.

Unfortunately, digital privacy violations within families are becoming increasingly common. Many households now experience unauthorised access to phones, publication of private chats on social media, secret recording of conversations, sharing of domestic disputes with bloggers and online influencers, monitoring of emails and social media accounts, and exposing children’s personal information without appropriate safeguards.

While some individuals may justify these actions during marital disagreements, such conduct may expose them to civil liability, regulatory sanctions and, in certain circumstances, criminal consequences under applicable Nigerian laws.

Privacy should never be mistaken for secrecy.

Privacy is dignity.

Privacy is respect.

Trust cannot be built through surveillance, intimidation or public exposure. It is built through honesty, communication, accountability and mutual respect.

Through the Family Privacy, Digital Trust and Security Initiative, my goal is to educate families on privacy rights, cybersecurity, digital trust and responsible technology use. Protecting privacy is not about concealing wrongdoing; it is about preserving dignity, strengthening security and fostering healthier relationships.

As Nigeria continues its digital transformation, our homes should reflect the same principles of privacy, trust and security that we expect from governments, financial institutions and businesses.

Before publishing that screenshot, forwarding that message, accessing someone else’s device or exposing private family information online, pause and remember that your spouse remains a citizen whose constitutional and legal rights deserve respect.

The strongest families are not those built on surveillance.

They are built on trust.