Data Protection Bill 2010 underway

Accra, Aug 24, GNA - Government on Tuesday initiated stakeholder consultation for the passage of Data Protection Bill (DPB) and Electronic Communications Regulations Bill (ECRB) to serve as legal instruments for the safeguarding of personal data and privacy.

The Bill provides for the protection of privacy through the regulation of information processing relating to individuals including the method by which data is obtained, held, used or disclosed.

It also sets out the rights and responsibilities of parties involved in the processing of personal data, regulates the procedures and processes for institutional operations.

Opening a National Stakeholders Consultation on the Bills, Mr Haruna Iddrisu, Minister of Communications, said government was developing the enabling legal and regulatory environment to increase the competitiveness of the nation's e-economy in line with global best practices and also to protect and secure investing in the ICT sector.

"The scope of the Electronic Communications Regulations includes voice telephony, broadcasting and radar frequency, and standardisation of communications equipment and systems.

It would also focus on licensing and frequency authorization and dispute resolutions, critical matters affecting the communication industry generally and for the enforcement of the provisions of Act 775 - Electronic Communications Act, the Minister said.

"The assumption is that individuals, not government, in fact own originally our self and our personal information. Data protection is enacted in order to protect us, our privacy and our data. Data protection is a specific right on its own, and protects the sacred precincts of personal life," Mr Iddrisu explained.

Mr Gideon Quarcoo, Deputy Minister of Communications, who chaired the forum noted that the bills were government's response to deal with the challenges posed to existing legal and regulatory frameworks by information communication and technological development.

"These challenges are of grave consequences and pose serious threat to the nation's ICT platforms if not dealt with..government is therefore being pro-active in creating legal and regulatory environment to increase Ghana's competitiveness in the ICT sector in line with global best practices," he said.

In view of these developments, government in December 2008 and January 2009 enacted the Electronic Transaction Act (Act 772) and the Electronic Communications Act (Act 775) to provide for and facilitate the electronic communications and related transactions in the public interest.

He said in spite of the laws, Ghana needed other laws to further augment the challenges posed by ICT to the existing legal and regulatory framework.

Professor Kofi Kumado, a Lead Consultant for the draft bill, in an overview said the bill was designed to regulate the collection, processing and dissemination of personal data.

He said it placed an obligation on those who processed data, gave rights to data and gave enforcement powers to the Data Administrator, and hinged on subject vis-a-vis data controllers.

Prof Kumado said the Commission on Human Rights and Administrative Justice (CHRAJ) was being considered to perform the role of the Data Administrator due to cost in establishing a new regulatory body.

The stakeholder consultation which was to create a platform for operators to fine-tune the bill and make it relevant to Ghana's environment, was attended by representatives from the Judiciary, security agencies, telecom operators, media practitioners, representatives from the National Communication Authority and financial institutions.