Noncompliant data controllers to face prosecution after expiration of amnesty

Institutions performing functions as data controllers by processing or using personal information would be prosecuted if they fail to take advantage of the amnesty granted them by the Ministry of Communications to register with the Data Protection Commission (DPC) and comply with their mandatory obligations as stipulated in the Data Protection Act, Act 2012 (Act 843).

Provisions of the Act in Section 97 (1) stipulates that “A data controller incorporated or established after the commencement of this Act shall be required to register as a data controller within 20 days of the commencement of business;” whereas Section 97 (2) provides that “A data controller in existence at the commencement of this Act shall be required to register as a data controller within three months after the commencement of this Act.” Similarly, Section 27 (1) mandates “A data controller who intends to process personal data shall register with the Data Protection Commission.”

However, applicable institutions who fail to comply with the Act could face prosecution as stipulated in relevant provisions of Sections 56 and 95.

A statement issued by DPC and signed by its Executive Director, Ms. Patricia Adusei Poku indicated that a six-month amnesty granted data controllers by the Ministry of Communications in partnership with the Commission effective October 1, 2020 ends on Wednesday, March 31, 2021.

The amnesty was expected to serve as a grace period for defaulting data controllers to be waived of arrears owed DPC, considering the potential adverse impact of COVID-19 on businesses, whilst ensuring that these institutions register with the Commission, using the newly developed registration software in compliance with their legally mandated obligation.

The spectrum of affected institutions includes Limited liability companies, Telecommunication companies, Consultancy firms, Airlines, Hotels, Shopping centers, Hospitals and Clinics, Banks and Microfinance companies, the Media, Churches and NGOs, Law firms as well as State corporate agencies among others.