Speaking to Citi News the Executive Director of the Data Protection Commission, Patricia Odusei-Poku, said the EC is so far cooperating with investigations.

She also said legal action was not an option in the short term.

“The prosecution is a last resort option and prosecution is usualy what we do when the entity is failing to cooperate with the commission.”

“If entities cooperate with the commission, we don’t go for prosecution because there is no benefit in that for the masses. What will benefit us is that our EC is working well, they are implementing measures assigned to them and they are desiring to be accountable.”

A 2018 special audit carried out by the Auditor-General revealed that the Electoral Commission handed over data of voters to a local software development company without an official agreement.

The report said the company, B-Systems Limited, obtained the data from the EC and offered it to the Financial Institutions for a fee.

Read Also :EC sale of voters’ data to a private company is a breach of Data Protection laws in Ghana

According to the report, the IT solutions company failed to remit 20% of the commission due the EC to the commission within the 2016 and 2017 service years.

The Auditor-General, therefore, recommended that management of the EC make available the contract agreement on the arrangement if any, and recover all outstanding commission due the Electoral Commission within 30 days from the receipt of the management letter.

The Auditor General also said officers who approved the deal will be surcharged should the EC fail to adhere to the recommendation.

The Ghana Chamber of Technology however said the decision to hand over voters’ data to a private company at a fee without the consent of the voters may not be in breach of public trust.

But said it will still look into the agreement.

Credit: citinewsroom.com

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According to the report, the software development company, Bysystem Ltd, bought the data from the EC and further sold them to financial service providers for a fee.

The Audit on the EC was part of special audits carried out by the Auditor-General on selected state institutions in 2018.

iWatch Africa’s review of the 2012 Data Protection Act has shown that the EC may have breached the provisions of the law when it sold voters’ data to a private company for gain.

Section 88 and 89 of the 2012 Data Protection Act prohibits the sale of personal data and also prohibits the purchase of personal data or information contained in the personal data of another person.

Although the Executive Director of the Data Protection Commission, Patricia Odusei-Poku told Joy News that the matter will be treated with utmost seriousness and that the commission is set to probe the Electoral Commission (EC) for the sale, iWatch Africa believes that the probe must be swift, transparent and findings published for the benefit of all Ghanaians.

Read Also: iWatch Africa introduces a desk to track and promote Digital Rights in Africa

iWatch Africa is also of the view that any public official found to have breached the data protection laws must be arraigned before the law courts in the country.

The law prescribes that any person who, “sells or offers to sell personal data of another person commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.”

By Gideon Sarpong iWatch Africa |
Follow @gideonsarpong

(littlegermanytucson.com)

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