The Data Protection Commission is set to embark on a nationwide enforcement exercise from the of 14th August, 2023 to hold holding accountable, Data Controllers to the provisions of the Data Protection Act 2012 (Act 843). The enforcement action would involve arrests, spot checks, raids and data protection audits.
In a statement made available to BusinessGhana, the DPC stated "The public is hereby informed to expect visits from Officers of the Enforcement Unit of the Data Protection Commission from August 14TH , 2023. With regard to exempted institutions under the act, the Commission indicated that Public Institutions under that category are to note that all the above sections apply. Organizations are advised to inspect ID cards of officers of the Enforcement Unit and cooperate fully in this all-important national exercise".
The scaling up of enforcement of the Data Protection Act 2012, (Act 843) would be in the following areas: Section 46 (3): A Data controller must register with the Data Protection Commission,
Section 50: Registration with the Commission shall be renewed every two years, and Section 56 : Failure to register with the Commission is an offense liable to summary conviction to a fine or a term of imprisonment. Other sections were Section 82 : Conditional request for personal data for the provision of goods and services is an offense, Section 88: Prohibition to sale of personal data, and Section 95: General penalties under the Act for non-compliance.
The Commission has indicated that the enforcement action may involve arrests of ultimate decision makers/heads of institutions who had neglected their legal responsibilities and/or defaulted.
It also noted that Whistleblowers were encouraged to reach out to them using the hotlines 0256301323/0256301533 to give information on non-compliant institutions and any issues relevant to Data Protection and privacy.