Heads of 170 Institutions to be jailed for breaching Ghanas Data Protection Law

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More than 170 heads of some public and private institutions have been cited for breaching Ghana’s data protection law. They risk going to jail for a minimum term of two years.

Various institutions have been cited by the Commission as having violated data protection regulations.
The list is made up of several organisations and public institutions including the British Airways, Lufthansa Airlines, Royal Senchi Hotel, Korle Bu Teaching Hospital and the Accra Mall, among others.

The Commission is already in discussions with the Ghana Police Service to activate the processes to prosecute these institutions.

“I have a meeting today with the police and so we are taking the next step which is the prosecution if they do not remedy the situation,” Chief Executive of the Data Protection Commission, Teki Akuetteh Falconer has disclosed.

She advised the Heads of the listed institutions to contact the Data Protection Commission for help if they have any, else they will go ahead with the prosecution.

“If they [organizations] get to us and they tell us the genuine difficulties they are having we will give them the necessary time” to remedy the situation, she said.

Those found guilty are likely to be fined 250 penalty units or two years imprisonment or both.

However, the CEO said: “The objective is not to go out and prosecute people, it is to make sure that those people who are utilizing these services are adequately protected”.

The general public has also been cautioned against providing their personal information to such institutions since it increases the dangers associated with the unlawful processing of their personal data which includes sale of their information (such as credit card details, residential address, phone numbers, etc) to third parties for criminal and fraudulent purposes, lack of access or control over their information and identity theft.
The Data Protection Act 2012 (Act 843) directs all establishments whether public, private, local or international consultants and individuals, who collect, hold and use personal data in Ghana, to register with the DPC, and therefore prohibit the collection, possession and use of such records by institutions that are not registered with the Commission.

The law clearly states that “a person who fails to register as a data collector, but processes personal data commits an offence is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or a term of imprisonment of not more than two years or to both.”

Among the list published are Law firms, hotels and restaurants, companies, partnerships and trusts, hospitals and clinics, microfinance and insurance companies, public and private organisations; security agencies, airline companies, accounting and auditing firms, educational institutions, media houses, voluntary groups and associations.

Below is the full list of offending institutions.

AIRLINES: 1. Arik Air 2. Royal Air Maroc 3. Goldstar Airlines 4. Starbow Airlines 5. Antrak Airlines 6. Air Namibia 7. Lufthansa Airlines 8. Iberia Airlines 9. Tap Portugal Airlines 10. British Airways 11. Afriqiyah Airlines 12. Britannia Airways 13. Ghana International Airlines Limited 14. Citylink Airline 15. Falcon Express 16. Alitalia 17. Air Burkina 18. Aero Contractors 19. Mk Airlines 20. Tropicana 21. Aerogem Aviation 22. Africa West Cargo 23. Cargolux 24. Air Ghana 25. Das Air Cargo

HOTELS: 1. The Royal Senchi Hotel 2. The African Regent Hotel 3. Aqua Safari Resort 4. Peduase Valley Resort 5. Volta Senera Hotel 6. Villa Monticello Boutique Hotel 7. The Aknac Hotel 8. MJ Grand Hotel 9. Amir Hotel 10. Royal Nick Hotel 11. Midindi Hotel 12. Best Western Premier Accra Airport Hotel 13. Royal Richester 14. His Majestys Hotel 15. Urbano Hotel 16. Prestige Suites Hotel 17. The Aknac Hotel 18. Roots Hotel Apartment 19. M Suites Hotel 20. Hill View Hotel (McCarthy Hills) 21. The Highbridge Guest Lodge 22. Best Western Plus Accra Beach Hotel 23. Niagara Plus Hotel 24. La Villa Boutique Hotel 25. Hotel Casarere 26. Rayporsh Hotel Limited 27. Okera Inn 28. Sonant Court Hotel 29. Accra Luxury Lodge 30. G.S Plaza Hotel 31. Deon Hotels 32. Ellking Hotel 33. Aristocrat Hotel 34. Kings Royal Atlantic Hotel 35. Sunlodge Hotel Limited 36. Eastgate Hotel 37. Olma Colonial Suites 38. Tropical Enclave Hotel 39. Maxlot Hotel 40. Nirvana Inn Hotels Ltd 41. Golden Key Hotel 42. Earl Heights Apartment Hotel 43. Lake bosumtwi hotel and apartments 44. Vis-A-Vis Hotel Limited 45. Hill View Hotel West Airport 46. Ridge Over Suite 47. Eden Vale Hotel and Executive Training Centre 48. The Congress Hotel 49. Charleston Hotel 50. Beauty Hotel Accra 51. Hotel Obama 52. Crown Liberty Hotel 53. Bharridan Royal Hotel 54. Lane Residence 55. Robinhood Hotel 56. Grace Land Lodge 57. Tenko Plaza Hotel 58. Acacia Guest Lodge 59. Silicon Lodge 60. Hotel Westgate 61. Crown Apartmento Hotel 62. Cresta Royale Hotel 63. Alexis Hotel 64. Lincoln Hotel 65. Manet Paradise Beach Resort 66. Nogahill Hotel 67. Ramada Resort Accra Coco Beach 68. Central Hotel Ltd. 69. Courtesy International Hotel 70. Blue Royal Hotel 71. Crystal Rose Hotel 72. Hotel Georgia 73. Royal Basin Hotel 74. Silicon Hotel & Conference Centre 75. Anita Hotel 76. Ashanti Gold Hotel 77. Lorneh Lodge and Beach Resort 78. Villar Cisneros Resort Limited 79. Greenland Hotel 80. Manna Heights Hotel 81. Capital Hill Hotel 82. Pempamsie Hotel 83. Little Acre Hotel 84. Modern City Hotel 85. Akayet Hotel 86. Gariba Lodge Limited 87. Mariam Hotel 88. Eusbett Hotels Limited 89. Upland Hotel

HOSPITALS/CLINICS: 1. Korle Bu Teaching Hospital 2. Komfo Anokye Teaching Hospital 3. Cape Coast Teaching Hospital 4. Tamale Teaching Hospital 5. 37 Military Hospital 6. Tema General Hospital 7. Ghana Police Hospital 8. Accra Psychiatric Hospital 9. Ridge Hospital Accra 10. Princess Marie Louise Children’s Hospital 11. General Family Hospital 12. Del International Hospital 13. Yeboah Hospital 14. Ghana-Canada Medical Centre 15. Sweden Ghana Medical Centre 16. Manna Mission Hospital 17. Airport Womens Hospital 18. Robert & Sons Limited 19. Lapaz Community Hospital 20. Inkoom Hospital 21. La General Hospital 22. Karikari Brobbey Hospital 23. Airport Womens Hospital 24. Eben Family Hospital 25. Cocoa Clinic 26. Faith Mission Hospital 27. Ark Clinic Ltd 28. Bemuah Royal Hospital 29. Holy Trinity Medical Center 30. Bethel Dental Ghana 31. Canada Optical Laboratories Ltd. 32. Egon German Clinic 33. Van J Eye Care 34. Iran Clinic 35. University Hospital – Legon 36. Beijing Clinic 37. Champion Divine Clinic 38. Third Eye And Vision Center 39. Danpong Medical Center 40. Universal Hospitals Group-Ghana 41. Healthnet Airport Medical Center 42. Family Health Medical School 43. Beaver Clinic Limited 44. New Generation Medical Centre 45. Lifehealth Care 46. Barnor Hospital 47. Nadkof Physiotherapy & Wellness Center 48. West African Rescue Association (Wara) Accra Clinic 49. Medicare Center Clinic & Laboratory 50. North Ridge Clinic

SHOPPING CENTERS: 1. Accra Mall 2. A&C Square 3. Marina SuperMarket Mall 4. Koala Shopping Centre 5. Maxmart Shopping Centre 6. West Hills Mall 7. The Junction Shopping Mall 8. Palace Hypermarket Interchange 9. Achimota Retail Centre (Accra) 10. Game Stores 11. MR. Price 12. Shop-N-Save 13. Citydia Supermarket.
Source: Adnan Adams Mohammed

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