Citizens Sues Government to Protect Private Data with Network Providers

A citizen by name Francis Kwarteng Arthur has sued the government at the High Court in aims of preventing it from accessing his private information from network providers.

The move follows government’s operationalisation of a Bill to access private data of network users to conduct contact tracing amid the novel coronavirus pandemic.

Joined to the suit are Vodafone Ghana, MTN Ghana, KelniGVG and the National Communications Authority.

In line with the Electronic Communications Act, 2008 (Act 775) President Nana Akufo-Addo ordered network service providers to avail user information to aid the dissemination of information.

According to the Executive Instrument, the network operators are to cooperate with the National Communications Authority Common Platform to provide information to state agencies in the case of an emergency.

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Mr. Arthur is however seeking an order to quash the President’s directives “to the extent that they have violated, are violating or are likely to violate” his “fundamental rights and freedoms.”

He is also seeking a perpetual injunction to restrain the government, Kelni GVG and the NCA “from using the executive instrument to procure the applicants personal information from [Vodafone Ghana].”

Furthermore, he wants the injunction to protect the information already in his network providers’ hands from reaching the President.

Per the Executive Instrument, the network operators are to make available, among others, “all caller and called numbers” to government.

The operators are also to provide necessary files to the common platform “to facilitate location-based tracking.”

As part of these developments, “any institution designated by the Minister shall establish a central subscriber identity module register.”