Claims of breach of personal data and privacy of mobile phone users ‘false’ – NCA

The National Communications Authority (NCA) has assured consumers and the general public that there has been no breach of personal data and privacy in the compliance by mobile network operators to the requirements of law.

Reacting to some media reports claiming a breach of privacy of consumer information the NCA said “these claims are completely false.”

This comes after a private legal practitioner petitioned Vodafone Ghana’s mother company, the Vodafone Group UK over allegations of privacy right violations, and went ahead to file a lawsuit.

The legal practitioner, Mr. Francis Kwarteng Arthur, dragged the President, the National Communication Authority, Kelni GVG, Vodafone Ghana and MTN to court over allegations of privacy right violations.

He has also petitioned Vodafone Ghana’s mother company – the Vodafone Group UK.

According to Mr. Arthur’s solicitors, Archbridge Solicitors, the petition was necessitated by the “nonchalant posturing” of Vodafone Ghana in the middle of the most extensive threat to privacy rights in Ghana’s history and one of the most extensive in the world.

“While other telecommunication network or service providers, like MTN, have vehemently contested the request as overly disproportionate or even irrelevant to the stated purpose and, thereby, a threat to subscribers’ right to privacy, your Ghana office has, at best, remained completely silent and unconcerned about the issue,” portions of the petition read.

But Vodafone Ghana rejected the claims stating that information about customers, including subscriber information, also known as call data records (CDRs), remains encrypted and secure as the company takes data security and storage of personal information extremely serious.

The NCA on its part has reacted to the claim.

Below is a copy of the NCA's statement

Misleading Consumer Privacy Breach Claims

Accra, 19^th June, 2020: The attention of the National Communications Authority (NCA) has been drawn to some reports on social and some mainstream media claiming a breach of privacy of consumer information.  These claims are completely false.

Here are the facts: In March, 2020, the NCA requested “passive mobile positioning data logs” from Mobile Network Operators (MNOs). This allows the NCA to gather location information to assist the Ghana Health Service to map Covid19 hotspots by undertaking historical and current analysis of persons potentially infected with COVID-19 for contact tracing purposes.  It is “passive” and “historical” because it is not live real-time tracking.

This is in accordance with the Establishment of Emergency Communications Systems Instrument, 2020 (E.I. 63). The Instrument required network operators or service providers to cooperate with the NCA Common Platform to provide information to State agencies in the event of a public health emergency.

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The relevant sections of the law state as follows:

1. (1) “A network operator or service provider shall cooperate with the National Communications Authority Common Platform to provide information to State agencies in the case of an emergency, including a public health emergency.
2. (3) A network operator or service provider shall ensure location log files are provided to National Communications Common Platform to facilitate location-based tracking”

All MNOs i.e. AirtelTigo, Glo, MTN and Vodafone, complied with the request for information which was subsequently processed and forwarded to the Ghana Health Service for purpose as stated. There was no objection by any Party in respect of COVID-19 contact tracing data request until an application for injunction order was filed in the courts on (date). The court is expected to decide on the injunction application on June 23.

The NCA would like to assure consumers and the general public that there has been no breach of personal data and privacy in the compliance by MNOs or the MCA to the requirements of law.

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Issued by the National Communications Authority: