Cyber Law at Ghana
Ghana has established a robust legal framework to address cybercrime, data protection, and cybersecurity, encompassing the Cybersecurity Act, 2020 (Act 1038) and the Data Protection Act, 2012 (Act 843).
🛡️ Cybersecurity Act, 2020 (Act 1038)
Enacted on 29 December 2020, this Act aims to safeguard Ghana's digital infrastructure and citizens from cyber threats Key provisions include:
Establishment of the Cyber Security Authority: This body oversees the implementation of cybersecurity policies and regulations
Licensing of Cybersecurity Service Providers: Entities offering cybersecurity services must obtain a license from the Authority Failure to comply results in administrative penalties
Regulation of Critical Information Infrastructure (CII): The Act mandates the designation, registration, and management of CII, which are essential for national security and public safety Owners must report cybersecurity incidents within 24 hours
Content Moderation and Child Protection: Service providers are prohibited from hosting or facilitating the distribution of indecent images of children and must prevent the use of their platforms for cyberstalking or sexual extortion
International Cooperation: Ghana ratified the Budapest Convention in 2019, enhancing its capacity for cross-border cooperation in cybercrime investigations
🔐 Data Protection Act, 2012 (Act 843)
Enacted on 16 October 2012, this Act regulates the processing of personal data to protect individuals' privacy. Key features include:
Principles of Data Processing Data must be processed lawfully, transparently, and for specified purpose. Organisations are accountable for ensuring compliance.
Rights of Data Subjects Individuals have the right to access, correct, and erase their personal data, and to object to its processing.
Sensitive Data Special conditions apply to sensitive data, such as health records and religious beliefs, requiring explicit consent for processing.
Enforcement and Penalties The Data Protection Commission can issue enforcement notices, impose fines, or prosecute offenders for non-compliance.
⚖️ Enforcement and Oversight
The Cyber Security Authority is responsible for enforcing the Cybersecurity Act, overseeing cybersecurity activities, and regulating service provider. The Data Protection Commission ensures compliance with the Data Protection Act, addressing complaints and maintaining the Data Protection Register.
RELATED Blog
0 comments