‘Trigger Act 843 Against EC’-STRANEK Africa tells Data Protection Commission

Source: www.thenewindependentonline.com

Ghana’s Data Protection Commission has been petitioned to trigger Act 843 against the Electoral Commission for making public the data of Ghanaians Voters.

STRANEK-Africa, a civil society Organization(CSO) that petitioned the Data Protection Commission pointed out that, “we are by this letter petitioning your high office pursuant to chapter 18 of the 1992 Constitution, to invoke the jurisdiction of the Commission on Human Rights and Administrative Justice to enforce actions into alleged breach of privacy laws by the Electoral Commission of Ghana

This was contained in a statement issued by STRANEK- Africa and signed by its Executive Director Nii Tettey Tetteh.

According to the Executivr Director, “This is based on a widespread traction the naked display of the data of registered voters has gained in both traditional and social media”.

The statement further stressed that the Electoral Commission ought to be held vicariously liable for any action so far as the data of registered voters for December 7, 2020 elections are concerned.

It added “It is important to establish that your outfit is clothed with powers to disentangle the mystery behind the reckless dumping of data when Electoral Commission could have ensured that parties register as data processers with your outfit and abide by the law in their use of the revelations.

Emphasizing that, “Dumping data of registered voters in an environment of poor amenability demands that your outfit enforces the provisions of Act 843 against the Electoral Commission where it deems fit”.

Below is the full text of the Petition

THE COMM shaping ISSIONER
COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
P.O. BOX AC 489
ACCRA

DEAR SIR,
PETITION TO INVESTIGATE ALLEGED VIOLATION OF PRIVACY RIGHTS BY ELECTORAL COMMISSION
STRANEK-AFRICA is a major stakeholder in the struggle and promotion of good governance and data protection and has over the years assisted in public discourse and citizens engagements here in Ghana.

We are by this letter petitioning your high office pursuant to chapter 18 of the 1992 Constitution, to invoke the jurisdiction of the Commission on Human Rights and Administrative Justice to enforce actions into alleged breach of privacy laws by the Electoral Commission of Ghana.

This is based on a widespread traction the naked display of the data of registered voters has gained in both traditional and social media.

It will be recalled that, in the past few months, there has been various calls by stakeholders in Ghana to the Electoral Commission to make public, the list of registered voters for the December 7, 2020 elections including the thirty-two thousand, six hundred and twenty-one (32,621) names expunged from the new register of voters because of an alleged violation of the electoral laws.

Few days ago, the Electoral Commission uploaded the data of voters on Google drive, to wit the full name, age and identity number.

Article 18 of the 1992 Constitution talks about the privacy of the individual which is a fundamental right and how no person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with the law and as may be necessary, in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the prevention of disorder or crime or for the protection of the rights or freedoms of others.

The Electoral Commission ought to be held vicariously liable for any action so far as the data of registered voters for December 7, 2020 elections are concerned.

It is important to establish that your outfit is clothed with powers to disentangle the mystery behind the reckless dumping of data when Electoral Commission could have ensured that parties register as data processers with your outfit and abide by the law in their use of the revelations.

Dumping data of registered voters in an environment of poor amenability demands that your outfit enforces the provisions of Act 843 against the Electoral Commission where it deems fit.

We trust you will treat this petition with urgent attention being a Commission which serves as an independent, preventive, investigatory and prosecutorial agency and bring the outcome to the attention of all Ghanaians.

Nii Tettey Tetteh
Executive Director
+233 559 042 914

Emmanuel Osei
Director of Policy and Political Affairs
+47 412 45 303

Source: www.thenewindependentonline.com

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