Data Protection Commission to scale up its scope of audit, spot-checks from January 2024

Executive Director of the Data Protection Commission, Patricia Adusei-Poku, has noted that effective January 9, 2024, the scope of audit and spot-checks will include the inspection of displayed valid data protection registration licenses, organizational measures, efforts towards data protection and implemented privacy programmes.

Making this known at a press conference in Accra on Monday, November 27, 2023, Patricia Adusei-Poku said the move is in accordance with Section 50 of the Data Protection Act.

The Act mandates the renewal of data protection license every two years.

She indicated that defaulters would be prosecuted according to the law.

"Institutions that have previously registered and have failed to renew their expired licenses should note that they will be treated as defaulters and prosecuted accordingly," she stated.

The Executive Director of Data Protection Commission further noted that the Parliamentary Select Committee on Communications has taken a keen interest in the compliance of public sector institutions.

"The Select Committee will summon negligent leaders to answer for their compliance or otherwise. The Commission henceforth will apply Section 95 of the Act which states where a person commits an offense under this Act in respect of which a penalty is not specified, the person is liable on summary conviction to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or both," she said.

Meanwhile, heads of institutions who do not comply with data protection will be prosecuted for non-compliance.

These actions form part of the efforts to remind organizations, businesses, and institutions of their legal obligation to prioritize data protection, respect the privacy of individuals, and comply with the requirements of the Act.

SA/EK

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