Writer: Comfort Alorh
In 2012, Ghana took a bold step toward building a safer digital future by passing the Data Protection Act, a law that promised to protect the privacy and rights of citizens in the growing data-driven economy.
It was a visionary move at the time—especially across West Africa—where few countries had comprehensive legislation governing the collection, processing, and use of Personally Identifiable Information (PII).
With the establishment of the Data Protection Commission (DPC), Ghana created a body responsible for regulating how personal data is managed across sectors—from banking and telecommunications to education, health, and government.
The law aligns with global data privacy principles: data should be collected with consent, processed lawfully, secured appropriately, and retained only for as long as necessary. On paper, Ghana had taken a strong step toward protecting the digital identity of its people.
But more than a decade later, a stark reality has emerged: enforcement is weak, compliance is inconsistent, and public awareness remains dangerously low.
The Compliance Gap
While the law provides a robust legal framework, its implementation has fallen short—particularly within Ghana’s fast-growing digital and fintech ecosystems.
Many startups, digital lenders, e-commerce platforms, and even mainstream financial institutions are unaware of the full extent of their legal obligations. Others are willfully non-compliant, viewing data protection as a secondary concern or an administrative hurdle rather than a foundational element of ethical business.
As a result, Ghanaians are frequently asked to submit sensitive personal data—such as Ghana Card numbers, biometric information, contact details, employment status, and even photographs—without clear explanations about:
• Why the data is being collected
• Who will access it
• Where it will be stored
• How long it will be retained
• What redress is available in case of misuse
In many cases, this data ends up on insecure third-party servers, in cloud platforms lacking basic encryption, or in Excel files shared via email among staff.
These poor data practices expose both individuals and institutions to serious cybersecurity risks.
Fintech and the Rise of PII Exploitation
Nowhere is this more evident than in Ghana’s digital lending sector, which has exploded in recent years.
With the promise of fast, collateral-free loans, many apps have onboarded thousands of users by collecting massive amounts of personal data—often far beyond what is necessary for credit evaluation.
This year, several investigative reports and user complaints has surfaced, alleging that some digital lenders were accessing users’ phone contacts and photos, then publicly shaming loan defaulters by sending threatening messages to their friends and family.
Others were accused of sharing borrower information with third parties without consent.
These practices violate not only the Data Protection Act but also basic principles of ethical conduct. Yet, few consequences followed.
The Data Protection Commission issued warnings and asked for compliance reports, but public enforcement actions have been rare and under-publicized.
A Trust Crisis in the Making
When users begin to feel that their private information is not safe—that applying for a loan, registering a SIM card, or signing up for a government service exposes them to surveillance, fraud, or humiliation—trust in digital platforms begins to erode.
This is particularly dangerous in a time when Ghana is pushing for greater digital adoption—through national ID registration (Ghana Card), mobile money interoperability, e-governance, and paperless healthcare systems. Without robust data protection, these initiatives risk backfiring, as citizens grow wary of sharing their information, fearing that it could be misused.
Moreover, the absence of public-facing enforcement sends the wrong message to data handlers: that non-compliance will carry little to no consequence.
It allows unethical practices to become normalized and deters responsible companies from investing in data security because there’s no incentive to do so.
Why Enforcement Lags Behind
Several factors contribute to Ghana’s enforcement gap:
• Under-resourced Data Protection Commission (DPC):
Despite its critical mandate, the DPC is often underfunded, understaffed, and politically constrained. It lacks the tools to carry out regular audits or impose penalties at scale.
• Lack of Public Awareness:
Most Ghanaians are unaware of their data protection rights, or how to file complaints. This limits grassroots pressure on violators and creates a power imbalance between citizens and data collectors.
• Fragmented Legal Accountability:
Data breaches or privacy violations are often treated as civil matters, with little criminal or commercial penalty. Even in clear-cut abuse cases, victims rarely receive compensation.
• Political Will and Institutional Coordination:
Data protection enforcement is not prioritized at the highest levels of government, and there is often limited coordination between the DPC, Bank of Ghana, National Communications Authority (NCA), and cybersecurity agencies.
What Ghana Needs to Do Now
To close the gap between legislation and reality, urgent reforms are needed:
• Fund and Empower the DPC: Provide the Commission with resources, independence, and enforcement authority to monitor and sanction non-compliant entities.
• Mandatory Privacy Audits: Require all digital platforms, especially in fintech and health, to undergo annual privacy and cybersecurity audits.
• Publish a National Compliance Registry: Make it easy for the public to see which companies are data protection certified—and which are not.
• Update the 2012 Data Protection Act: Incorporate provisions for biometric data, artificial intelligence, cross-border data flows, and algorithmic decision-making.
• Launch a National Public Awareness Campaign: Teach citizens how their data should be protected and what rights they have under the law.
Conclusion: A Digital Economy Built on Trust
Ghana’s digital transformation holds great promise, but trust is the currency that sustains it.
Data protection is not a luxury—it is a necessity in the age of AI, mobile banking, and national biometric IDs.
The Data Protection Act of 2012 laid the foundation. Now it’s time for bold enforcement, cross-sector accountability, and a national commitment to safeguarding the digital identities of every Ghanaian.
Because in a connected world, your data is not just information, it’s you. And protecting it is the cornerstone of digital dignity, innovation, and trust.
