The Data Protection Commission (DPC) has announced intentions to scale up enforcement measures for the Data Protection Act 2012, (Act 843).

According to statement by the commission, it will take legal actions starting on August 14, 2023, against entities and individuals who fail to comply with these provisions outlined in the Act.

The Data Protection Act, 2012 (Act 843) sets out the rules and principles governing the collection, use, disclosure and care of personal data or information by a data controller or processor.

The Act recognises a person’s right (data subject rights) to protect their personal data or information by mandating a data controller or processor to process (collect, use, disclose, erase, etc.) such personal data or information in accordance with the individual’s rights.

It also established the Data Protection Commission as an independent statutory body to ensure and enforce compliance.

The statement said the commission will focus on Sections: 46 (3), 50, 56, 82, 88 and 95 of the Planned Enforcement Action DP 2012, Act (843).

“The enforcement exercise may involve arrests of Ultimate Decision Makers/Heads of Institutions who have neglected their legal responsibilities and/or have defaulted. The public is hereby informed to expect visits from Officers of the Enforcement Unit of the Data Protection” parts of the statement”, parts of the statement read.

It added that public institutions that are exempted from the Planned Enforcement Action DP 2012, Act (843) are to present documentation to the DPC’s office for authentication.

“Exempted Public Institutions are to note that all the above sections apply. Justification for exemptions should be documented and shared with the Commission in advance.

“Organizations are advised to inspect the ID cards of officers of the Enforcement Unit and cooperate fully in this all-important national exercise. Whistleblowers are encouraged to reach out to the Commission using our hotlines 0256301323/0256301533 to give information on non-compliant institutions and any issues relevant to Data Protection and privacy,” the statement continued.

The Commission added that the public can visit its website for more information and clarification.

“Guidance and videos for clarification and more information can be found on our website and all our social media pages- www.dataprotection.org.gh Tel:02563013230/0256301533,” it added.

NW/WA
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