Data Protection Commission (DPC) has called for the immediate protection of the privacy and dignity of 1,964 Ghanaian citizens evacuated from South Africa following the public disclosure of their personal information.
In a statement issued by its Public Affairs Unit, the Commission said it has noted with serious concern reports of the publication of the evacuees’ personal information, including their names, signatures and records of financial assistance received.
According to the Commission, the publication of identifiable personal information, particularly in circumstances involving individuals who have faced threats to their safety, raises serious concerns about exposure to unwarranted public scrutiny, identity theft, fraud and other forms of harm.
The Commission reminded that Article 15(1) of the 1992 Constitution provides that the dignity of all persons shall be inviolable, while Article 18(2) protects individual privacy. These constitutional protections are reinforced by the Data Protection Act, 2012 (Act 843), particularly Sections 18, 19 and 20, which address lawful and reasonable processing, minimality and the legal grounds for processing personal data.
The DPC stated that while it recognises the importance of transparency, parliamentary oversight, the right to information and freedom of the press, the legitimate pursuit of public accountability does not automatically justify the unrestricted disclosure of identifiable personal information.
“Any such disclosure as done by Members of the Minority Caucus, the Ministry of Foreign Affairs, Joy News and other media houses must be assessed against the applicable legal requirements, its intended purpose and the rights of the individuals concerned,” the statement noted.
The Commission acknowledged that the Ministry of Foreign Affairs and the Parliament of Ghana are registered data controllers in good standing with the Commission. Registration, however, does not relieve data controllers of their continuing obligations under Act 843.
Accordingly, the Commission has called upon the Minority Caucus of Parliament, the Ministry of Foreign Affairs, Joy News and other media houses to exercise due diligence in their respective handling, disclosure and publication of the records concerned.
“All parties are urged to take appropriate protective measures within their respective responsibilities, including the immediate restriction or redaction of publicly accessible personal identifiers whose continued disclosure is not lawfully justified,” it directed.
The Commission further disclosed that it will undertake a regulatory review to examine the legal basis for the relevant disclosures, the safeguards applied and the extent to which the privacy rights of the affected individuals have been protected. It will engage the relevant parties within its statutory mandate, with due regard to applicable constitutional protections and legal exceptions.
Where non-compliance is established, the Commission will take appropriate regulatory action in accordance with Act 843.
“The right to privacy and personal dignity must remain central to the exercise of public accountability,” the DPC stressed, adding that compliance is a continuing responsibility for public institutions, media organisations and other persons processing personal data.
The Data Protection Commission reaffirmed its commitment to the fair, independent and consistent enforcement of Ghana’s data protection laws.
By Sampson Kumah Ifeetwube Elvis
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