Accra, Oct. 21, GNA – The Data Protection Commission (DPC) has called on the public and the media to be circumspect in the disclosure and publication of personal information of Ghanaians who were evacuated from South Africa as a result of the recent xenophobic attacks.
This follows reports of the publication of personal details including names, signatures and records of financial assistance received, of some of the 1,964 Ghanaian evacuees.
The Commission, in a statement issued by its Public Affairs Unit in Accra on Tuesday, expressed concern over reports of the disclosure of those personal details, warning that the exposure could increase their vulnerability to identity theft, fraud and other forms of harm.
It said the publication of identifiable personal information, particularly concerning individuals who had faced threats to their safety, could expose them to unwarranted public scrutiny and undermine their privacy and dignity.
“The right to privacy and personal dignity must remain central to the exercise of public accountability,” the Commission said.
The Commission noted that the protection of personal data was guaranteed under the 1992 Constitution and reinforced by the Data Protection Act, 2012 (Act 843).
Article 15(1) of the Constitution provides that the dignity of all persons shall be inviolable, and Article 18(2) protects the privacy of individuals.
The Commission also referred to Sections 18, 19 and 20 of Act 843, which address the lawful and reasonable processing of personal data, the principle of minimality and the legal grounds for processing such information.
It said the disclosure of personal records must be assessed against the applicable legal requirements, the purpose for which the information was processed and the rights of the individuals concerned.
While acknowledging the importance of transparency, parliamentary oversight, the right to information and freedom of the press, the Commission stressed that public accountability did not automatically justify the unrestricted disclosure of identifiable personal information.
“Public accountability must never come at the cost of personal privacy and human dignity. Transparency is essential, but it does not grant anyone the unrestricted right to expose identifiable personal information,” the Commission emphasised.
The statement specifically urged the Minority Caucus, the Ministry of Foreign Affairs, Joy News and other media houses to exercise due diligence in handling, disclosing and publishing the records.
It cautioned the Ministry of Foreign Affairs and Parliament that they were registered data controllers in good standing with the Commission but emphasised that registration did not exempt them from their continuing obligations under Act 843.
The Commission assured that it would undertake a regulatory review to establish the legal basis for the disclosures, examine the safeguards applied and assess the extent to which the privacy rights of the affected individuals had been protected.
As part of the process, it would engage the relevant parties within its statutory mandate, considering constitutional protections and applicable legal exceptions.:Where non-compliance is established, the Commission will take appropriate regulatory action in accordance with Act 843,” it added.
The Commission reminded public institutions, media organisations and other persons processing personal data that compliance with data protection requirements was a continuing responsibility.
The statement also urged all parties involved in handling and publishing the records to take immediate protective measures, including restricting access to, or redacting, personal identifiers whose continued disclosure could not be legally justified.
The Commission reaffirmed its commitment to the fair, independent and consistent enforcement of Ghana’s data protection laws, urging those handling personal information to balance legitimate public interest with the obligation to safeguard individuals’ rights.
GNA
Edited by Kenneth Odeng Adade
Reporter: Benjamin Adamafio Commey
Email: [email protected]