Patricia Adusei-Poku,  Executive Director of the Commission
Patricia Adusei-Poku, Executive Director of the Commission

Enforcement of Data Protection Act comes into full force - From August 14

The Data Protection Commission (DPC) would on  August 14, begin a nationwide enforcement exercise to enforce the provisions of the Data Protection Act 2012 (Act 843). 

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The enforcement actions would involve arrests, spot checks, raids and data protection audits for data controllers found culpable.

The provisions of Act 843 include that data controllers must register with the Data Protection Commission and renew their registration every two years.

According to the commission, failure to register with the commission was an offence liable to summary conviction to a fine or a term of imprisonment.

Also, conditional request by data controllers for personal data to provide goods and services, as well as the sale of personal data would be dealt with.

The Executive Director of the commission, Patricia Adusei-Poku, in a statement, explained that the enforcement action may also involve arrests of ultimate decision makers or heads of institutions who have neglected their legal responsibilities and or defaulted.

“Following the commissions awareness on data protection and provisions stipulated under the Act, August 14 has been declared to begin a nationwide enforcement action that will hold accountable data controllers,” she reiterated.

She said the enforcement drive was necessary to ensure that data controllers processed personal data appropriately and remained accountable to their data subjects.

????She also indicated that apart from organisations acquiring the license must also put in place internal privacy or data protection policies, processes and procedures to ensure the safety of such data.???

Enforcement officers

Ms Adusei-Poku said the exercise would be performed by officers of the Enforcement Unit of the Data Protection Commission, entreating organisations to check the ID cards of such officers while cooperating with them during the exercise.

“Organisations are advised to inspect ID cards of officers of the enforcement unit and cooperate fully in this all-important national exercise,” she said.

Meanwhile, she urged whistleblowers or the public to reach out to the commission using their hotline 0256301323 or 0256301533 to give information on non-compliant institutions,as well as any issues relevant to data protection and privacy.

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