Data Protection Act: KABFAM, Morning Star School, Embassy Gardens, Others arrested over breach of the Law

Five business operators in Accra have been arrested by the police for failing to register with the Data Protection Commission (DPC) and breaching the Data Protection Act.

They are representatives of CareFlight Ghana, a clinic and ambulance services providing company, Embassy Gardens, a residential facility, Morning Star School, KABFAM Ghana Limited, dealers in electronic appliances, and Grace Homeopathic Clinic.

The five operators were arrested during an enforcement exercise yesterday and taken to the police headquarters to have their state­ment taken to enable the police commence investigations.

According to Quintin Akro­botu, Director of Regulatory and Compliance, DPC, the operators would be arraigned.

On Careflight, he said the company had failed to appoint a data protection supervisor as stipulated under section 58 of the Act and had no data protection license which was in violation of section 17.

He stated that Embassy Gar­dens and Morning star school were also operating without a data protection license and ignored formal notice to them to register.

Although it had registered with the DPC, Mr Akrobotu noted that KABFAM had failed to comply with section 58 and was currently in breach of section 82.

He said Grace Homeopathic Clinic was also not registered and not demonstrating accountability, which was in breach of section 17.

Mr Akrobotu stated that busi­nesses were expected to ensure data processing was under the supervision of the Commission.

The most common breaches, he noted, was the failure to appoint a data supervisor, who was to be trained and certified.

Mr Akrobotu stated that the exercise would be conducted monthly and urged all businesses that collect and process data to comply with the law.

“Take advantage of this window to renew your registration if it is expired. Failure to comply with the provisions of the Act is criminal, which makes you liable for prosecution. So do the needful now before the law catches up with you,” he said.

Mr Akrobotu noted that the commission had created avenues to educate the public about data protection and their responsibil­ities under the Act to improve compliance.

Source: CLAUDE NYARKO ADAMS || Ghanaian Times