This Code of Business Conduct and Ethics of WASPAG sets out the principles and practices that are binding for all members to follow unreservedly both in letter and in spirit. The principles and standards set out in this code should characterize all business activities and dealings with stake holders including member companies, clients, regulators, business partners etc. These principles and standards form the basis for all WASPAG’S policies, guidelines and procedures relating to the appropriate and responsible behavior expected of members.
WASPAG is an independent, non-profit organization representing the interests of organizations providing mobile application services in Ghana. The Association aims to provide a neutral forum for members to address issues of common interest and interact with industry stakeholders, network operators and government bodies. WASPAG aims to ensure that end-users receive world-class services and industry participants earn a fair return on their investments. The association was founded on 20th December 2012. Membership of WASPAG is voluntary. Voting members are required to have an existing business relationship with one or more of the network operators. All members are required to accept the WASPAG Code of Conduct and related procedures as binding.
Objectives of the Code of Conduct
The primary objective of the WASPAG Code of Conduct is to ensure that members of the public can use mobile services with confidence, assured that they will be provided with accurate and reliable information about all services and the pricing associated with those services. The Code aims to equip customers and consumers with a mechanism for addressing any concerns or complaints relating to services provided by WASPAG members, and a framework for impartial, fair and consistent evaluation and response to any complaints made. The Code of Conduct also sets standards for advertising mobile application services, and includes a framework for the provision of adult services, to ensure adequate protection of children from potentially harmful content.
Revisions to the Code of Conduct
In order to ensure that this Code of Conduct remains relevant in the face of constantly evolving technology, the provisions of the Code will be reviewed regularly and this will be posted on the Association’s website www.waspag.com.gh
1.4. Scope of
Unless otherwise specified, this Code of Conduct applies to all wireless application services accessed by a customer in Ghana, transmitted by a wireless application service provider and carried by a Ghanaian network operator. Where the Code addresses services provided by members, it applies only to wireless application services provided by WASPAG, and not to other types of services that the member may provide.
agreements with operators
As well as complying with this Code, WASPAG members must also comply with any existing contracts and agreements they have with network operators.
Applicability of the Code to non-members
Some companies may be required to comply with the WASPAG code by virtue of a contract with one or more network operators and/or a contract with one or more voting WASPAG members. In such cases, all clauses in the Code of Conduct and the WASPAG Advertising Rules that are binding on WASPAG members shall be deemed to be binding on those companies, irrespective of whether or not those companies are members of WASPAG.
The members of WASPAG, the WASPAG Board of Directors, all other WASPAG Committees, the WASPAG Secretariat, WASPAG’s employees and contractors, and Independent Adjudicators shall not be held liable for any consequences that may arise from the implementation of this Code of Conduct or for the failure to implement the Code. This Code of Conduct does not constitute legal advice, nor is it warranted as legal advice. All members are strongly advised to seek proper legal counsel.
The terms below have the following meaning throughout this document:
2.1. An “adult service” is any service where the content or product is of a clearly sexual nature, or any service for which the associated promotional material is of a clearly sexual nature, or indicates directly, or implies that the service is of a sexual nature.
2.2. An “adult content service” is any service for the provision of content which has been classified as suitable only for persons 18 years or older by an appropriate body (such as the National Communication Authority (NCA) or content reasonably likely to be so classified.
2.3. An “adjudicator” is a person, independent of any member, who is appointed to review formal complaints.
2.4. A “beneficiary” is a charity or organisation benefiting from a charitable promotion.
2.5. “Bundling” means automatically subscribing a consumer to a subscription service in response to a request from that consumer for a single content item.
2.6. A “charitable promotion” is any promotion which has a primary goal of benefiting a registered charitable organisation.
2.7. A “child” refers to a natural person under 18 years of age.
2.8. “Children’s services” are those which, either wholly or in part, are aimed at, or would reasonably be expected to be particularly attractive to children.
2.9. A “commercial message” is a message sent by SMS or MMS or similar protocol that is designed to promote the sale or demand of goods or services whether or not it invites or solicits a response from a recipient.
2.10. A “competition service” is any competition or game with prizes or entry mechanism into a draw.
2.11. A “contact and dating” service is any service intended to enable people previously unacquainted with each other to make initial contact and arrange to meet in person.
2.12. A “content subscription “ includes any subscription service providing or offering access to content including, by way of example only and not limitation: sound clips, ring tones, wallpapers, images, videos, games, text or MMS content or information. This includes any subscription service which describes itself as a “club” or which otherwise allows access to content to subscribers, at a cost which includes both a subscription element and a per content item element. Services which are not considered to be content subscription services include: dating services, chat services, location based services, GSM terminal device services, corporate application services, reminder services, synchronization applications, corporate communications applications, VOIP, etc.
2.13. A “customer” is a user of a mobile cellular telecommunications service that has indicated a willingness to access or utilise a service provided by a wireless application service provider.
2.14. An “information provider” is any person on whose behalf a wireless application service provider may provide a service, and includes message originators.
2.15. A “member” is a member in good standing of WASPAG.
2.16. A “message originator” is the entity sending a commercial message and can be any person with a commercial arrangement with a WASPAG member to send commercial messages, or through WASPAG directly.
2.17. A “network operator” is a mobile cellular telecommunication service provider, or any other category of telecommunication service provider as determined by WASPAG’s Management Committee.
2.18. The “originating number” is the number allocated to the WASPAG member by the network operator from which a commercial message is sent.
2.19. A “person” means any natural or legal person.
2.20. A “premium-rated service” is any service charged at a higher rate that the standard rate set by the network operator for that particular service.
2.21. “Secretariat” refers to the location and persons employed by WASPAG to handle the administration of the Association, including the handling of the Code of Conduct complaints.
2.22. “Spam” means multiple unsolicited commercial communications, including multiple unsolicited commercial messages without option to opt out as referred to in section 5.2.1.
2.23. A “subscription service” is any service for which a customer is billed on a repeated, regular basis without necessarily confirming each individual transaction.
2.24. “WASPAG web site” refers to the Internet web site located at www.waspag.com.gh
2.25. A “wireless application service provider” is any company engaged in the provision of a mobile service, including premium-rated services, who signs a WASP contract with a network operator for bearer services enabling the provision of such services.
3.1. Professional and lawful conduct
3.1.1. Members will at all times conduct themselves in a professional manner in their dealings with the public, customers, other wireless application service providers and WASPAG
3.1.2. Members are committed to lawful conduct at all times.
3.2.1. WASPAG and its members respect the constitutional right to freedom of speech and expression.
3.3.1. Members will not offer or promise services that they are unable to provide.
3.3.2. Services must not be unreasonably delayed.
3.3.3. A member is not liable for any failure to provide a service due to circumstances beyond that member’s control.
3.4.1. Members will respect the intellectual property rights of their clients and other parties and will not knowingly infringe such rights.
3.5.1. Members are required to be responsible and circumspect in the transmission and publication of content and must ensure that no classified, defamatory information are transmitted.
3.5.2. If a member becomes aware of illegal content under that member’s control, the member must, immediately suspend access to that content. Where required to do so by law, the member must report the illegal content to the relevant enforcement authority.
3.5.3. Members must co-operate with any content orders lawfully issued by enforcement authorities.
3.6.1. Members will take all reasonable measures to prevent unauthorised or unlawful access to, interception of, or interference with any data and also adhere to the relevant provisions of the Data Protection Act, Act 843 of 2012.
3.7.1. Members will not provide any services or promotional material that:
(a) contains a visual presentation of explicit violent sexual conduct, bestiality, incest or rape or extreme violence which constitutes incitement to cause harm;
(b) results in any unreasonable invasion of privacy;
(c) induces an unacceptable sense of fear or anxiety;
(d) encourages or incites any person to engage in dangerous practices or to use harmful substances;
(e) induces or promote ethnic disharmony;
(f) causes grave or widespread offence; or
(g) debases, degrade or demeans.
3.8.1. A service must not be replaced on the same number by another service that might give offence to or might be inappropriate for customers reasonably expecting the original service.
3.9.1. Members must bind any information provider with whom they contract for the provision of services to ensure that none of the services contravene the Code of Conduct.
3.9.2. The member may suspend or terminate the services of any information provider that provides a service in contravention of this Code of Conduct.
3.9.3. The member must act in accordance with the WASPAG complaints and appeal process and if appropriate, suspend or terminate the services of any information provider.
3.10.1. Each member must supply WASPAG with contact information (including at least a telephone number and an email address) for a primary and a secondary Code of Conduct representative.
3.10.2. Should the nominated representative’s change or the contact information for the representatives change, the member must notify WASPAG of the changes.
Provision of numbering information
3.11.1. WASPAG members shall provide WASPAG, on request, with a list of all short codes, long codes and alphanumeric identifiers assigned for use with that member’s services or the services of any of the member’s information providers.
3.12.1. Members must ensure that any relevant employees are made aware of this Code of Conduct and the requirements and procedures associated therewith.
3.13.1. WASPAG reserves the right to make alterations to this Code of Conduct from time to time, following due consultation with at least 2/3 of members at an Annual General Meeting (AGM) and a resolution haven been passed to that effect.
3.13.2. WASPAG will notify its members and network operators of any alteration to the Code of Conduct.
3.13.3. Any alterations to the Code of Conduct are binding on all members. The current Code of Conduct will always be available on the WASPAG web site.
3.13.4. WASPAG reserves the right to immediately amend or alter this Code of Conduct if directed to do so by a court of law.
3.14.1. Members will abide by any rules and regulations governing the use of any WASPAG brand, logo, seal or other identifying mark.
4.1. Provision of information to customers/ Consumers
4.1.1. Members are committed to honest and fair dealings with their customers. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers.
4.1.2. Members must not knowingly disseminate information that is false or deceptive, or that is likely to mislead by inaccuracy, ambiguity, exaggeration or omission.
4.1.3. Each member must provide their full contact details on the member’s web site, including the registered company name, telephone and fax numbers, e-mail address and physical address.
4.1.4. Members must make the terms and conditions of any of their services available to customers and potential customers, on request.
4.1.5. Members must have a complaints procedure allowing their customers to lodge complaints regarding the services provided. Members must acknowledge receipt of complaints expeditiously, and must respond to any complaints within a reasonable period of time.
4.1.6. Customer support must be easily available, and must not be limited to a medium that the customer is unlikely to have access to (for example, support should not be limited to email if a significant number of customers do not have access to email).
4.1.7. Any telephonic support must be provided via a Ghana telephone number and must function effectively. Should the member be unable to provide immediate support, a customer should be provided with the ability to leave a message. Support numbers may not forward to full voice mailboxes.
4.1.8. Members undertake to inform their wireless application service customers that they are bound by this Code of Conduct. Members also undertake to make these customers aware of the WASPAG complaints procedure and the mechanism for making a complaint, should any customer wish to do so.
4.1.9. Members’ web sites must include a link to the Association’s web site and/or this Code of Conduct.
4.2.1. WASPAG and its members must respect the constitutional right of consumers to personal privacy and privacy of communications.
4.2.2. Members must respect the confidentiality of customers’ personal information and will not sell or distribute such information to any other party without the explicit consent of the customer, except where required to do so by law.
5.1. Sending of commercial communications
5.1.1. All commercial messages must contain a valid originating number and/or the name or identifier of the message originator.
5.1.2. Any message originator must have a facility to allow the recipient to remove his or herself from the message originator’s database, so as not to receive any further messages from that message originator.
5.1.3. Any mechanism for allowing a recipient to remove him or herself from a database must not attract any fee.
5.1.4. Notwithstanding 5.1.3, for SMS and MMS communications:
(a) A recipient should be able to stop receiving messages from any service by replying with the word ‘STOP’. If a reply could pertain to multiple services, either all services should be terminated, or the recipient should be given a choice of service to terminate. The reply ‘STOP’ procedure must be included at the start of any messaging service, for example: “reply STOP to opt out”.
(b) Recipients of premium rate or non-repayable messages must have the option to opt out at no cost. This opt-out instruction must be included in every commercial premium rate or non-repayable message, for example. “sms STOP to xxx to opt out”.
5.1.5. Upon request of the recipient, the message originator must, within a reasonable period of time, identify the source from which the recipient’s personal information was obtained.
Identification of spam
5.2.1. Any multiple unsolicited commercial message is considered a spam unless:
(a) the recipient has requested the message;
(b) the message recipient has a direct and recent prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator; or the organisation supplying the originator with the recipient’s contact information has the recipient’s explicit consent to do so.
5.2.2. WASPAG, in conjunction with the network operators, will provide a mechanism for consumers to determine which message originator or wireless application service provider sent any unsolicited commercial message.
Prevention of spam
5.3.1. Members will not send or promote the sending of spam and will take reasonable measures to ensure that their facilities are not used by others for this purpose.
5.3.2. Members will provide a mechanism for dealing expeditiously with complaints about spam originating from their networks.
6.1. WASPAG advertising rules
6.1.1. In addition to the provisions listed below all members are bound by the WASPAG Advertising Rules, published as a separate document.
6.1.2. The latest version of the WASPAG Advertising Rules will always be available on the WASPAG web site.
6.2.1. All advertised prices must include VAT and all other applicable taxes.
6.2.2. All advertisements for services must include the full retail price of that service.
6.2.3. Pricing must not contain any hidden costs. Where applicable, pricing for content services must include the cost of the content and indicate any bearer costs that may be associated with downloading, browsing or receiving that content and a clear statement that all Network charges apply.
6.2.4. Pricing contained in an advertisement must not be misleading. If multiple communications are required to obtain content, then the advertised price must include the cost for all communications required for that transaction. A clear indication must always be given that more premium messages are required.
6.2.5. The price for a premium rated service must be easily and clearly visible in all advertisements. The price must appear with all instances of the premium number display.
6.2.6. Unless otherwise specified in the advertising guidelines, the name of the WASPAG or the information provider providing the service must appear in all advertisements for premium rated services.
6.2.7. For menu-driven services such as USSD, the price for the service must be clearly stated at the top of the first page. Any additional costs associated with specific menu selections must be clearly indicated.
6.2.8. Pricing on any promotional material must be in GHS.
6.3.1. For services such as MMS, that have specific handset requirements, advertisements must make it clear that the customer needs to have a compatible handset that has been correctly configured to use that service.
6.3.2. For services which are likely to have a shelf-life of three months or more, a statement must be included in any advertisement that the information given is correct as at the date of publication, and that date must also be stated.
6.3.3. Promotional material must not be of a nature that unduly encourages unauthorised calls or use of services.
7.1. Parental permission
7.1.1. The terms and conditions for children’s services must indicate that the service should only be used with the permission of the child’s parent or guardian.
7.1.2. The terms and conditions for children’s services must indicate that the service should only be used with the agreement of the person responsible for paying the phone bill.
7.2. Prohibited practices
7.2.1. Children’s services must not contain anything that is likely to result in harm to children or which exploits their credulity, lack of experience or sense of loyalty.
7.2.2. Children’s services must not include anything that a reasonable parent would not wish their child to hear or learn about in this way.
7.2.3. Children’s services must not involve an invasion of privacy of any child.
7.2.4. Children’s services must not unduly encourage children to ring or procure other premium rate services or the same service again.
7.2.5. Promotional material for children’s services must not make use of adult themes or adult material.
8. ADULT SERVICES
8.1. Required practices
8.1.1. Any adult service must be clearly indicated as such in any promotional material and advertisements.
8.1.2. Promotions for adult services must be in context with the publication or other media in which they appear. Services should be in context with the advertising material promoting them. The content of a service should not be contrary to the reasonable expectation of those responding to the promotion.
8.1.3. Members must take reasonable steps to ensure that only persons of 18 years of age or older have access to adult content services. Explicit confirmation of a user’s age must be obtained prior to the delivery of an adult content service.
8.2.1. Adult services must not contain references that suggest or imply the involvement of children.
8.2.2. Promotions for adult services must not appear in publications or other media specifically targeted at children.
9.1. Provision of information
9.1.1. Any promotional material for a competition service must clearly display the full cost to enter the competition and any cost to the user to obtain the prize.
9.1.2. Any promotional material for a competition service must include details of how the competition operates.
9.1.3. Interactive competition services with an ongoing incremental cost, must, at reasonable intervals, inform the customer of any additional costs, and must require the customer to actively confirm their continued participation.
9.1.4. Promotional material must clearly state any information which is likely to affect a decision to participate, including:
(a) the closing date;
(b) any significant terms and conditions, including any restriction on the number of entries or prizes which may be won;
(c) an adequate description of prizes, and other items offered to all or a substantial majority of participants, including the number of major prizes;
(d) any significant age, geographic or other eligibility restrictions;
(e) any significant costs which a reasonable consumer might not expect to pay in connection with collection, delivery or use of the prize or item.
9.1.5. The following additional information must also be made readily available on request, if not contained in the original promotional material:
(a) how and when prize-winners will be informed;
(b) the manner in which the prizes will be awarded;
(c) when the prizes will be awarded;
(d) how prize-winner information may be obtained;
(e) any criteria for judging entries;
(f) any alternative prize that is available;
(g) the details of any intended post-event publicity;
(h) any supplementary rules which may apply;
(i) the identity of the party running the competition and responsible for the prizes.
9.1.6. Competition services and promotional material must not:
(a) use words such as ‘win’ or ‘prize’ to describe items intended to be offered to all or a substantial majority of the participants;
(b) exaggerate the chance of winning a prize;
(c) suggest that winning a prize is a certainty;
(d) suggest that the party has already won a prize and that by contacting the promoter of the competition, that the entrant will have definitely secured that prize.
9.2.1. Competition services that are aimed at, or would reasonably be expected to be particularly attractive to children Competition services that are aimed at, or would reasonably be expected to be particularly attractive to children must not feature long or complex rules.
9.3.1. Competition services must have a specific closing date, except where there are instant prizewinners. An insufficient number of entries or entries of inadequate quality are not acceptable reasons for changing the closing date of a competition or withholding prizes. Once the closing date for a competition is reached, the advertised prizes must be awarded, notwithstanding the number of entries.
9.3.2. Prizes must be awarded within 28 days of the closing date, unless a longer period is clearly stated in the promotional material.
9.3.3. All correct entries must have the same chance of winning.
10. CONTACT AND DATING SERVICES
10.1. Provision of information
10.1.1. Contact and dating services with an ongoing incremental cost, must, at reasonable intervals, inform the customer of any additional costs, and must require the customer to actively confirm their continued participation.
10.1.2. Providers of contact and dating services must warn users of the service of the risks involved when contact information is given out to other individuals and must give clear advice on sensible precautions to take when meeting people through such services.
10.1.3. Providers of contact and dating services must ensure that customers’ contact information is duly protected and not publicly available.
10.1.4. Providers of contact and dating services must obtain explicit consent from a customer prior to making his or her contact information available to third parties.
10.1.5. Promotional material for contact and dating services must make clear any restrictions on the location, gender and age range of callers to the service.
Restrictions on the service
10.2.1. Members must take reasonable steps to ensure that users of contact and dating services are authorised by the bill-payer to use that service.
10.2.2. Providers of contact and dating services must take reasonable steps to ensure that no children use the services.
and deactivation of services
10.3.1. When so requested by a customer, the provider of a contact and dating service must ensure that the customer’s details are removed from the service at the earliest opportunity and in all cases within 24 hours.
11.1. Manner of subscription
11.1.1. Promotional material for all subscription services must prominently and explicitly identify the services as “subscription services”.
11.1.2. Any request from a customer to join a subscription service must be an independent transaction, with the specific intention of subscribing to a service. A request from a subscriber to join a subscription service may not be bundled with a request for a specific content item.
11.1.3. Where possible, billing for a subscription service must indicate that the service purchased is a subscription service.
11.1.4. Customers may not be automatically subscribed to a subscription service as a result of a request for any non-subscription content or service.
11.1.5. Subscription services with different billing frequencies should not have a subscription mechanism likely to cause a customer to accidentally subscribe to a more frequent service.
11.1.6. Members must ensure that children accessing subscription services confirm that they have permission from a parent or guardian do to so.
11.1.7. Once a customer has subscribed to a subscription service, a notification message must be sent to the customer containing the following information:
(a) The name of the subscription service;
(b) The cost of the subscription service and the frequency of the charges;
(c) Clear and concise instructions for unsubscribing from the service;
11.1.8. A monthly reminder SMS must be sent to all content subscription service customers containing the following information:
(a) The name of the subscription service;
(b) The cost of the subscription service and the frequency of the charges;
(c) The service provider’s telephone number.
11.1.9. The monthly reminder SMS must adhere to the following format:
(a) The monthly reminder must begin with either “Reminder: You are a member of NAME OF SERVICE” or “You are subscribed to NAME OF SERVICE”.
(b) Any marketing for a new service must appear after the cost and frequency of the existing service and the service provider’s telephone number.
11.1.10. Once a customer has subscribed to a subscription service, neither the amount and frequency of the charges nor the frequency of the service may be increased without the customer’s explicit permission.
Termination of a service
11.2.1. Instructions on terminating a subscription service must be clear, easy to understand, and readily available.
11.2.2. All subscription services must have a readily available unsubscribe facility which should not attract a fee.
11.2.3. Customers must be able to unsubscribe from any subscription service via SMS using no more than two words, one of which must be ‘STOP’.
11.2.4. Members must ensure that the termination mechanism is functional and accessible at all times.
11.2.5. A user must be removed from a subscription service if no successful bills have been processed for that service for more than three months, or if there is an indication from one of the mobile networks that the number is no longer in use.
11.2.6. If a user ports their number from one operator to another, that number must be removed from all subscription services.
12.1. Charitable promotions
12.1.1. Any promotional material for charitable and/or fundraising promotions must make it clear that network operator fees and administration fees will be deducted from amounts paid.
12.1.2. Promotional material must specify the identity of the beneficiary.
12.1.3. Promotional material must make clear any restrictions or conditions attached to the contribution to be made to the beneficiary.
Interactive voice response (IVR) services
12.2.1. For any IVR service that costs more than GHS1.00 per minute, there must be a clear announcement of the cost per minute at the beginning of the call. This announcement must not be of more than 5 seconds in duration, and must use the following format: “Call billed at X GHS per minute”.
12.2.2. No IVR services may have a false ringing sound at the beginning of the call which might cause the user of the service to believe that the call has not yet started.
13.1. Lodging of complaints
13.1.1. Any person may lodge a complaint against any member who, in the view of the complainant, has acted contrary to the provisions of this Code.
13.1.2. Any complaint must be lodged with the WASPAG secretariat using the contact information published on the WASPAG web site.
13.1.3. A complaint must contain the following information:
(a) The short code, name and service provider of the wireless application against whom the complaint is being made, or if the identity of the service provider is not clear, the number of the service or other identifying information;
(b) the full names, address and contact details of the complainant;
(c) to the extent that the information is known or available, identification of the part or parts of the Code of Conduct which has allegedly been breached; and
(d) a detailed description of the actions (or inactions) that resulted in the alleged breach.
13.1.4. Any complaint lodged that does not contain the above information may be referred back to the complainant by the secretariat, together with a request to provide the missing information.
13.1.5. The secretariat shall have the discretion to make use of either the informal or formal complaint procedure to process any complaints received, subject to clauses 13.2.1. and 13.3.1.
13.1.6. Where the complainant has lodged a complaint or dispute, or instituted an action with any other regulatory body or in a Court, and where the subject matter of that complaint, dispute or action is substantially the same as the subject matter of a complaint lodged by that complainant with the WASPAG Secretariat, WASPAG may decline to consider and deal with the complaint.
Informal complaint procedure
13.2.1. In the case of a complaint for which it is feasible for the member to provide a prompt remedy and where no material breach of the Code seems to have occurred, the following informal complaint procedure will be followed.
13.2.2. The secretariat will forward the complaint to the member concerned.
13.2.3. The member has five working days to effect an appropriate remedy.
13.2.4. Thereafter, if the complainant is satisfied that the member has adequately addressed the complaint then the complaint is considered closed and no further action is taken.
13.2.5. If the complainant is not satisfied that the complaint has been satisfactorily resolved, then the formal complaint procedure will be used to handle the complaint further.
13.2.6. The secretariat will maintain a record of any complaints resolved through the informal complaint procedure.
13.3.1. In the case of a complaint for which it is not feasible for the member concerned to provide a prompt remedy, or a complaint that has been escalated from the informal complaint procedure, the following formal complaint procedure will be followed.
13.3.2. The member (or members) named in the complaint, or identified by the WASPAG Secretariat on the basis of any identifying information included in the complaint, will be notified by the secretariat that a complaint has been lodged and that the formal complaint procedure is being followed.
13.3.3. The secretariat will provide the member with a copy of the complaint, and any additional information relevant to the complaint.
13.3.4. The member will be given 48hrs to respond to the complaint, and to provide any additional information the member deems relevant to the complaint.
13.3.5. If the member fails to respond within this time period, it will be assumed that the member does not wish to respond and the complaint will be escalated after 72hrs.
13.3.6. Notwithstanding any response from the member, the secretariat will assign the complaint to an adjudicator, and provide the adjudicator with all material relevant to the complaint.
13.3.7. The adjudicator must carefully review:
(a) the complaint;
(b) any response the member has made to the complaint;
(c) the WASPAG Code of Conduct;
(d) any other material relevant to the complaint, as supplied by WASPAG.
13.3.8. The adjudicator may ask the secretariat to request that the complainant, the member, or both, furnish additional information relating to the complaint. Specifically, the adjudicator may request that the member respond to any additional breaches of the Code of Conduct discovered during the investigation of the complaint, but which were not specified in the original complaint.
13.3.9. On the basis of the evidence presented, the adjudicator will decide whether there has been a breach of the Code. Each case will be considered and decided on its own merits.
13.3.10. If the adjudicator determines that there has been a breach of the Code, then the adjudicator must determine appropriate sanctions.
13.3.11. In determining any appropriate sanctions, the adjudicator must take into consideration:
(a) any previous successful complaints made against the member;
(b) any previous successful complaints of a similar nature.
13.3.12. Once the adjudicator has determined whether there has been a breach of the Code, and any sanctions, the adjudicator will provide the secretariat with a written report detailing these findings.
13.3.13. The secretariat will provide a copy of this report to the relevant member and to the complainant.
13.3.14. The member has five working days to notify the secretariat if it wishes to appeal against the decision of the adjudicator.
13.3.15. Unless otherwise specified in the adjudicator’s report, any sanctions will be considered suspended if an appeal is lodged, until the appeal process is completed.
13.3.16. If no appeal is lodged, or if the adjudicator has specified certain sanctions as not being suspended pending an appeal, the failure of any member to comply with any sanction imposed upon it will itself amount to a breach of the Code and may result in further sanctions being imposed.
13.3.17. The secretariat will maintain a record of any complaints resolved through the formal complaint procedure.
13.3.18. As a deterrent measure and a motivation for members to act and operate within the Code of Conduct, members have agreed that any guilty party will be required to pay 50% of the adjudicator’s fee.
13.4.1. Possible sanctions that may be imposed on a member found to be in breach of the Code of Conduct are one or more of the following:
(a) a requirement for the member to remedy the breach;
(b) a formal reprimand;
(c) an appropriate fine on the member, to be collected by WASPAG;
(d) a requirement, in appropriate circumstance, for the member to pay reasonable and valid claims for compensation;
(e) suspension of the member from WASPAG for a defined period;
(f) expulsion of the member from WASPAG;
(g) a requirement for the member to disclose the identity of any information provider found to be acting in breach of this Code of Conduct;
(h) a requirement for the member to suspend or terminate the services of any information provider that provides a service in contravention of this Code of Conduct a requirement to withhold a specified amount or portion of money payable by the member to the information provider.
13.4.2. When determining sanctions, the adjudicator should take note of 13.3.15, and specify any sanctions that will not be suspended if an appeal is lodged. Sanctions that can be specified in this way include:
(a) Sanctions requiring a member to amend, suspend, or terminate a service being offered in breach of the Code of Conduct;
(b) Any sanctions imposed as a result of the failure of a member to comply with previous sanctions, as specified in 13.3.16.
13.4.3. In addition, possible sanctions against a member in breach of the Code include advising the relevant network operators to do one or more of the following:
(a) block a member’s access to a specific number for a defined period;
(b) block a member’s access to a specific category of service for a defined period;
(c) terminate a member’s access to a specific number;
(d) terminate a member’s access to a specific category of service;
(e) withhold a specified amount or portion of money payable by the network operator to that service provider; pay some or all of withheld funds to WASPAG, as an appropriate fine on the service provider;
(f) issue a blanket refund to the customers of a service found to be in breach of the Code of Conduct.
Information provider notices
13.5.1. If the adjudicator has determined that an information provider is operating in breach of the Code of Conduct, and the adjudicator is of the reasonable opinion that the information provider may persist in such breach, whether through the member against whom the complaint was lodged or another member, the adjudicator may instruct the secretariat to issue a notice to affect WASPAG’s members.
13.5.2. The notice referred to in 13.5.1. must clearly identify the information provider and the relevant breach or breaches of the Code of Conduct, and must specify a date from which the notice applies.
13.5.3. Any member permitting the information provider to operate in breach of the Code of Conduct (in the same or substantially similar manner to that identified in the notice referred to in 13.5.1), after the date specified in the notice, will be automatically in breach of the same part or parts of the Code of Conduct as the information provider. Such members will be subject to sanctions determined by the adjudicator in accordance with section 13.4, read in conjunction with section 13.3.11.
13.6.1. Any member found to have breached the Code of Conduct by an adjudicator has the right to appeal for a review of the adjudicator’s decision, and/or a review of the sanctions imposed by the adjudicator.
13.6.2. Once the secretariat has been notified that a member wishes to appeal a decision, that member has ten working days to supply the secretariat with any additional information it deems relevant to the complaint.
13.6.3. The secretariat will inform the complainant that the service provider has lodged an appeal against the adjudicator’s decision.
13.6.4. The secretariat will convene an appeals panel, consisting of three adjudicators. No person who could be considered to represent either the complainant or the service provider concerned may sit on the appeals panel.
13.6.5. The appeals panel must consider the evidence provided to the adjudicator, the adjudicator’s decision and any additional information provided by the service provider.
13.6.6. On the basis of the evidence presented, the panel will decide whether there has, in fact, been a breach of the Code.
13.6.7. If the panel determines that there has, in fact, been a breach of the Code, then the panel must review the sanctions recommended by the adjudicator.
13.6.8. The panel may maintain the same sanctions recommended by the adjudicator, or may determine such other sanctions, as it deems appropriate given the nature of the breach and the evidence presented.
13.6.9. Once the panel has determined whether there has been a breach of the code, and reviewed any associated sanctions, the panel will provide the secretariat with a written report detailing these findings.
13.6.10. The secretariat will provide a copy of this report to the relevant member and to the complainant.
13.6.11. The member must, within five working days, comply with any sanction imposed.
13.6.12. The failure of any member to comply with any sanction imposed upon it will itself amount to a breach of the Code and may result in further sanctions being imposed.
13.6.13. The member may not request a further review of the panel decision or request a further appeal.
13.6.14. The secretariat will maintain a record of any complaints panel proceedings.
13.7.1. Where it appears to the secretariat that a breach of the Code has taken place that is serious and requires urgent remedy, the ‘emergency procedure’ will be used.
13.7.2. The member concerned will be notified by the secretariat that the emergency procedure has been invoked.
13.7.3. The secretariat will convene an emergency panel, consisting of at least three persons. No person who could be considered to represent the member concerned may sit on the emergency panel.
13.7.4. As soon as reasonably possible, the emergency panel will determine if a breach of the Code has taken place that requires urgent remedy, and prescribe such remedy.
13.7.5. Where urgent remedy is required, the secretariat will notify the relevant member’s nominated representative that the emergency procedure has been invoked and that urgent remedy is sought.
13.7.6. The member concerned must comply with the urgent remedy as soon as practicable. Failure to do so constitutes a breach of this Code.
13.7.7. The secretariat may also advise the relevant network operator or operators to block a member’s access to a specific number or a specific service.
13.7.8. Once the emergency procedure has been completed, the breach of the Code will be reviewed using the formal complaint procedure above. If, during the formal complaint procedure, the urgent remedy exercised above is deemed to be inappropriate, it may be reversed.
13.7.9. Neither WASPAG, the WASPAG secretariat, nor any WASPAG member can be held liable for any damages whatsoever as a result of exercising the emergency procedure.
AN ACT to establish a Data Protection Commission, to protect the privacy of the individual and personal data by regulating the processing of personal information, to provide the process to obtain, hold, use or disclose personal information and for related matters.
DATE OF ASSENT:
10th May, 2012
PASSED by Parliament and assented to by the President: Data Protection Commission
of Data Protection Commission
(1) There is established by this Act a Data Protection Commission.
(2) Where there is hindrance to the acquisition of property, the property may be acquired for the Commission under the State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Commission.
Object of the
(1) The object of the Commission is to
(a) protect the privacy of the individual and personal data by regulating the processing of personal information, and
(b) provide the process to obtain, hold, use or disclose personal information.
To achieve the object, the Commission shall
(a) implement and monitor compliance with the provisions of this Act;
(b) make the administrative arrangements it considers appropriate for the discharge of its duties;
(c) investigate any complaint under this Act and determine it in the manner the Commission considers fair; and
(d) keep and maintain the Data Protection Register.
body of the Commission
(1) The governing body of the Commission is a Board consisting of
(a) a chairperson;
(b) one representative from the following:
(i) National Communications Authority not below the rank of a Director;
(ii) Commission on Human Rights and Administrative Justice not below the rank of a Deputy Commissioner;
(iii) Ministry of Communications not below the rank of a Director;
(iv) National Information Technology Agency not below the rank of a Director;
(v) Bank of Ghana not below the level of Deputy Governor; and
(vi) Statistical Service not below the rank of a Director;
(c) one representative elected by the Industry Forum;
(d) two other persons nominated by the President at least one of whom is a woman; and
(e) the Executive Director of the Commission.
(2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.
(3) The Board shall ensure the proper and effective performance of the functions of the Commission.
office of members
(1) A member of the Board shall hold office for a period not exceeding three years and is eligible for re-appointment but a member shall not be appointed for more than two terms.
(2) Subsection (1) does not apply to the Executive Director of the Commission.
(3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister.
(4) A member of the Board, other than the Executive Director who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board.
(5) The President may by letter addressed to a member revoke the appointment of that member.
(6) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy.
(7) Where there is a vacancy
(a) under subsection (3) or (4) or section 7 (2);
(b) as a result of a declaration under subsection (6); or
(c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.
(1) The Board shall meet at least once every three months for the dispatch of business at the times and in the places determined by the chairperson.
(2) The chairperson shall at the request in writing of not less than one-third of the membership of the Board convene an extra-ordinary meeting of the Board at the place and time determined by the chairperson.
(3) The quorum at a meeting of the Board is seven members of the Board or a greater number determined by the Board in respect of an important matter.
(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside.
(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting.
(1) A member of the Board who has an interest in a matter for consideration
(a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and
(b) shall not participate in the deliberations of the Board in respect of that matter.
(2) A member ceases to be a member of the Board if that member has an interest on a matter before the Board and
(a) fails to disclose that interest; or
(b) participates in the deliberations of the Board in respect of the matter.
(1) The Board may establish committees consisting of members of the Board or non-members or both to perform a function.
(2) A committee of the Board may be chaired by a member of the Board.
(3) Section 7 applies to members of committees of the Board.
Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.
The Minister may give directives to the Board on matters of policy.
Appointment of Executive Director
(1) The President shall, in accordance with article 195 of the Constitution, appoint an Executive Director for the Commission.
(2) The Executive Director shall hold office on the terms and conditions specified in the letter of appointment.
(3) The Executive Director shall be a person of high moral character and integrity with the relevant qualifications and experience related to the functions of the Commission.
the Executive Director
(1) The Executive Director is responsible for
(a) the day to day administration of the affairs of the Commission and is answerable to the Board in the performance of functions under this Act, and
(b) the implementation of the decisions of the Board.
(2) The Executive Director shall perform any other functions determined by the Board.
(3) The Executive Director may delegate a function to an officer of the Commission but shall not be relieved of the ultimate responsibility for the performance of the delegated function.
of other staff
(1) The President shall in accordance with article 195 of the Constitution appoint for the Commission other staff that are necessary for the proper and effective performance of its functions.
(2) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it.
(3) The Commission may engage the services of advisers and consultants on the recommendation of the Board.
Funds of the Commission
The funds of the Commission include:
(a) moneys approved by Parliament;
(b) donations and grants to the Commission for its activities under this Act;
(c) moneys that accrue to the Commission in the performance of its functions; and
(d) any other moneys that are approved by the Minister responsible for Finance.
(1) The Board shall keep books of accounts and proper records in relation to them in the form approved by the Auditor-General.
(2) The Board shall submit the accounts of the Commission to the Auditor-General for audit within three months after the end of the financial year.
(3) The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister.
and other reports
(1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates.
(2) The annual report shall include the report of the Auditor- General.
(3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
(4) The Board shall also submit to the Minister any other reports which the Minister may require in writing.
of data protection principles
Privacy of the individual
A person who processes data shall take into account the privacy of the individual by applying the following principles:
(b) lawfulness of processing,
(c) specification of purpose,
(d) compatibility of further processing with purpose of collection,
(e) quality of information,
(g) data security safeguards, and
(h) data subject participation.
(1) A person who processes personal data shall ensure that the personal data is processed
(a) without infringing the privacy rights of the data subject;
(b) in a lawful manner; and
(c) in a reasonable manner.
(2) A data controller or processor shall in respect of foreign data subjects ensure that personal data is processed in compliance with data protection legislation of the foreign jurisdiction of that subject where personal data originating from that jurisdiction is sent to this country for processing.
Personal data may only be processed if the purpose for which it is to be processed, is necessary, relevant and not excessive.
justification and objection
(1) A person shall not process personal data without the prior con- sent of the data subject unless the purpose for which the personal data is processed is
(a) necessary for the purpose of a contract to which the data subject is a party;
(b) authorized or required by law;
(c) to protect a legitimate interest of the data subject;
(d) necessary for the proper performance of a statutory duty; or
(e) necessary to pursue the legitimate interest of the data controller or a third party to whom the data is supplied.
(2) Unless otherwise provided by law, a data subject may object to the processing of personal data.
(3) Where a data subject objects to the processing of personal data, the person who processes the personal data shall stop the processing of the personal data.
(1) A person shall collect personal data directly from the data subject.
(2) Despite subsection (1), personal data may be collected indirectly where:
(a) the data is contained in a public record;
(b) the data subject has deliberately made the data public;
(c) the data subject has consented to the collection of the information from another source;
(d) the collection of the data from another source is not likely to prejudice a legitimate interest of the data subject;
(e) the collection of the data from another source is necessary:
(i) for the prevention, detection, investigation, prosecution or punishment of an offence or breach of law;
(ii) for the enforcement of a law which imposes a pecuniary penalty;
(iii) for the enforcement of a law which concerns revenue collection;
(iv) for the conduct of proceedings before any court or tribunal that have commenced or are reasonably contemplated;
(v) for the protection of national security; or
(vi) for the protection of the interests of a responsible or third party to whom the information is supplied;
(f) compliance would prejudice a lawful purpose for the collection; or
(g) compliance is not reasonably practicable.
data for specific purpose
A data controller who collects personal data shall collect the data for a purpose which is specific, explicitly defined and lawful and is related to the functions or activity of the person.
to be made aware of purpose of collection lang=EN-US
A data controller who collects data shall take the necessary steps to ensure that the data subject is aware of the purpose for the collection of the data.
(1) Subject to subsections (2) and (3), a data controller who records personal data shall not retain the personal data for a period longer than is necessary to achieve the purpose for which the data was collected and processed unless:
(a) the retention of the record is required or authorized by law,
(b) the retention of the record is reasonably necessary for a lawful purpose related to a function or activity,
(c) retention of the record is required by virtue of a contract between the parties to the contract, or
(d) the data subject consents to the retention of the record.
(2) Subsection (1) does not apply to records of personal data retained for:
(b) statistical, or
(c) research purposes.
(3) A person who retains records for historical, statistical or research purposes shall ensure that the records that contain the personal data are adequately protected against access or use for unauthorized purposes.
(4) A person who uses a record of the personal data of a data subject to make a decision about the data subject shall:
(a) retain the record for a period required or prescribed by law or a code of conduct, or
(b) where there is no law or code of conduct that provides for the retention period, retain the record for a period which will afford the data subject an opportunity to request access to the record.
(5) A data controller shall destroy or delete a record of personal data or identify the record at the expiry of the retention period.
(6) The destruction or deletion of a record of personal data shall be done in a manner that prevents its reconstruction in an intelligible form.
processing to be compatible with purpose of collection
(1) Where a data controller holds personal data collected in connection with a specific purpose, further processing of the personal data shall be for that specific purpose.
(2) A person who processes data shall take into account
(a) the relationship between the purpose of the intended further processing and the purpose for which the data was collected,
(b) the nature of the data concerned,
(c) the manner in which the data has been collected,
(d) the consequences that the further processing is likely to have for the data subject, and
(e) the contractual rights and obligations between the data subject and the person who processes the data.
(3) The further processing of data is considered to be compatible with the purpose of collection where
(a) the data subject consents to the further processing of the information,
(b) the data is publicly available or has been made public by the person concerned,
(c) further processing is necessary
(i) for the prevention, detection, investigation, prosecution or punishment for an offence or breach of law, (ii) for the enforcement of a law which imposes a pecuniary penalty,
(iii) for the enforcement of legislation that concerns protection of revenue collection,
(iv) for the conduct of proceedings before any court or tribunal that have commenced or are reasonably contemplated, or
(v) for the protection of national security;
(d) the further processing of the data is necessary to prevent or mitigate a serious and imminent threat to
(i) public health or safety, or
(ii) the life or health of the data subject or another individual;
(e) the data is used for historical, statistical or research purposes and the person responsible for the processing ensures that
(i) the further processing is carried out solely for the purpose for which the data was collected, and
(ii) the data is not published in a form likely to reveal the identity of the data subject; or
(f) the further processing of the data is in accordance with this Act.
A data controller who processes personal data shall ensure that the data is complete, accurate, up to date and not misleading having regard to the purpose for the collection or processing of the personal data.
of data controller
(1) A data controller who intends to process personal data shall register with the Commission.
(2) A data controller who intends to collect personal data shall ensure that the data subject is aware of
(a) the nature of the data being collected;
(b) the name and address of the person responsible for the collection;
(c) the purpose for which the data is required for collection;
(d) whether or not the supply of the data by the data subject is discretionary or mandatory;
(e) the consequences of failure to provide the data;
(f) the authorized requirement for the collection of the information or the requirement by law for its collection;
(g) the recipients of the data;
(h) the nature or category of the data; and
(i) the existence of the right of access to and the right to request rectification of the data collected before the collection.
(3) Where the data is collected from a third party, the data subject shall be given the information specified in subsection (2) before the col- lection of the data or as soon as practicable after the collection of the data.
(4) Subsection (2), shall not apply in the following situations where it is necessary:
(a) to avoid the compromise of the law enforcement power of a public body responsible for the prevention, detection, investigation, prosecution or punishment of an offence;
(b) for the enforcement of a law which imposes a pecuniary penalty;
(c) for the enforcement of legislation which concerns revenue collection;
(d) for the preparation or conduct of proceedings before a court or tribunal that have been commenced or are reasonably contemplated;
(e) for the protection of national security;
(f) to avoid the prejudice of a lawful purpose;
(g) to ensure that the data cannot be used in a form in which the data subject is identified; or
(h) because the data is to be used for historical, statistical or research purposes.
(1) A data controller shall take the necessary steps to secure the integrity of personal data in the possession or control of a person through the adoption of appropriate, reasonable, technical and organisational measures to prevent
(a) loss of, damage to, or unauthorized destruction; and
(b) unlawful access to or unauthorized processing of personal data.
(2) To give effect to subsection (1), the data controller shall take reasonable measures to
(a) identify reasonably foreseeable internal and external risks to personal data under that person’s possession or control;
(b) establish and maintain appropriate safeguards against the identified risks;
(c) regularly verify that the safeguards are effectively implemented; and
(d) ensure that the safeguards are continually updated in response to new risks or deficiencies.
(3) A data controller shall observe
(a) generally accepted information security practices and procedure, and
(b) specific industry or professional rules and regulations.
processed by data processor or an authorized person lang=EN-US
(1) A data processor or a person who processes personal data on behalf of a data controller shall
(a) process the data only with the prior knowledge or authorization of the data controller, and
(b) treat the personal data which comes to the knowledge of the data processor or the other person as confidential.
(2) A data processor or a person who processes personal data on behalf of a data controller shall not disclose the data unless
(a) required by law, or
(b) in the course of the discharge of a duty.
processor to comply with security measures lang=EN-US
(1) A data controller shall ensure that a data processor who processes personal data for the data controller, establishes and complies with the security measures specified under this Act.
(2) The processing of personal data for a data controller by a data processor shall be governed by a written contract.
(3) A contract between a data controller and a data processor shall require the data processor to establish and maintain the confidentiality and security measures necessary to ensure the integrity of the personal data.
(4) Where a data processor is not domiciled in this country, the data controller shall ensure that the data processor complies with the relevant laws of this country.
of security compromises
(1) Where there are reasonable grounds to believe that the personal data of a data subject has been accessed or acquired by an unauthorized person, the data controller or a third party who processes data under the authority of the data controller shall notify the
(a) Commission, and
(b) the data subject of the unauthorized access or acquisition.
(2) The notification shall be made as soon as reasonably practicable after the discovery of the unauthorized access or acquisition of the data. (3) The data controller shall take steps to ensure the
restoration of the integrity of the information system.
(4) The data controller shall delay notification to the data subject where the security agencies or the Commission inform the data controller that notification will impede a criminal investigation.
(5) The notification to a data subject shall be communicated by
(a) registered mail to the last known residential or postal address of the data subject;
(b) electronic mail to the last known electronic mail address of the data subject;
(c) placement in a prominent position on the website of the responsible party;
(d) publication in the media; or
(e) any other manner that the Commission may direct.
(6) A notification shall provide sufficient information to allow the data subject to take protective measures against the consequences of unauthorised access or acquisition of the data.
(7) The information shall include, if known to the data controller, the identity of the unauthorised person who may have accessed or acquired the personal data.
(8) Where the Commission has grounds to believe that publicity would protect a data subject who is affected by the unauthorized access or acquisition of data, the Commission may direct the data controller to publicize in the specified manner, the fact of the compromise to the integrity or confidentiality of the personal data.
(1) A data subject who provides proof of identity may request a data controller to
(a) confirm at reasonable cost to the data subject whether or not the data controller holds personal data about that data subject,
(b) give a description of the personal data which is held by the party including data about the identity of a third party or a category of a third party who has or has had access to the information,
(c) correct data held on the data subject by the data controller.
(2) The request shall be made
(a) within a reasonable time;
(b) after the payment of the prescribed fee, if any;
(c) in a reasonable manner and format; and
(d) in a form that is generally understandable.
(1) A data subject may request a data controller to
(a) correct or delete personal data about the data subject held by or under the control of the data controller that is inac- curate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully, or
(b) destroy or delete a record of personal data about the data subject held by the data controller that the data controller no longer has the authorisation to retain.
(2) On receipt of the request, the data controller shall comply with the request or provide the data subject with credible evidence in support of the data.
(3) Where the data controller and the data subject are unable to reach an agreement and if the data subject makes a request, the data con- troller shall attach to the record an indication that a request for the data has been made but has not been complied with.
(4) Where the data controller complies with the request, the data controller shall inform each person to whom the personal data has been disclosed of the correction made.
(5) The data controller shall notify the data subject of the action taken as a result of the request.
The provisions of any legislation relating to the right to information of any data subject shall be additional to data subject rights under this Act.
data subjects and others
Right of access to personal data
(1) A data controller shall
(a) inform an individual who is the data subject of the processing of the individual’s personal data by the data controller or another person on behalf of the data controller;
(b) give to the data subject, a description of
(i) the personal data of which that individual is the data subject;
(ii) the purpose for which the data is being or is to be processed; and
(iii) the recipient or class of recipients to whom the data may be disclosed;
(c) communicate in an intelligible form to the data subject
(i) information which constitutes personal data of which that individual is the subject;
which is available to the data controller as to the source of the data; and
(d) inform the individual who is the data subject of the logic or rationale behind the decision that was made based on the processing where the processing constitutes the sole basis for the taking of a decision which significantly affects that individual.
(2) Where the data constitutes a trade secret, the provision of data related to the logic or rationale involved in any decision taken does not apply.
(3) A data controller shall not comply with a request under subsec- tion (1) unless the data controller is supplied with the data that the data controller may reasonably require to identify the person making the request and to locate the data which that person seeks.
(4) Where a data controller is unable to comply with the request without disclosing data related to another individual who may be identi- fied from the information, the data controller shall not comply with the request unless
(a) the other individual consents to the disclosure of the data to the person who makes the request, or
(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
(5) A reference to data related to another individual in subsection (4) includes a reference to data which identifies that individual as the source of the data requested.
(6) A data controller shall not rely on subsection (4)(b) to fail to communicate the information sought that may be communicated without the disclosure of the identity of the individual concerned.
(7) The data controller may make the communication under subsection (6) by omitting or deleting the names or other identifying particulars of the other individual.
(8) For the purposes of subsection (4)(b), to determine whether it is reasonable to comply with the request without the consent of the other individual concerned, regard shall be had in particular, to
(a) any duty of confidentiality owed to the other individual,
(b) any steps taken by the data controller to seek the consent of that other individual,
(c) whether the other individual is capable of giving consent, and
(d) any express refusal of consent by the other individual.
(9) An individual who makes a request under this section may specify that the request is limited to personal data of any description.
(10) Subject to subsection (5), a data controller shall comply with a request under this section promptly and in any event within forty days from the date of receipt of the request.
(11) Where the commission is satisfied on the application or a complainant in relation to matters under subsections (1) to (10) that the data controller has failed to comply with the request, the Commission may order the data controller to comply with the request.
(12) The obligation imposed on a data controller to provide the data subject with information under section 20 to 26 is fulfilled by supplying the data subject with a copy of the data in permanent form.
(13) Where a data controller has previously complied with a request by a data subject, the data controller shall not comply with a subsequent request which is identical or similar unless a reasonable interval has elapsed between the time of compliance with the previous request and the making of the new request.
(14) For the purposes of subsection (13), to determine whether a request for data by a data subject to a data controller has been made at a reasonable interval, regard shall be had to
(a) the nature of the data,
(b) the purpose for which the data is processed, and
(c) the frequency with which the data is altered.
(15) The data which is supplied pursuant to a request may take into account an amendment or deletion made between the time of the request and the time when the data is supplied.
(16) For the purposes of this section another individual may be identified from the data disclosed if that individual can be identified
(a) from that data, or
(b) from that data and any other data which in the reasonable belief of the data controller are likely to be in, or come into the possession of the data subject who made the request.
as data controller
(1) Where the data controller is a credit bureau within the meaning of the Credit Reporting Act, 2007 (Act 726) a request for information by a data subject shall in addition to the requirements specified under the Credit Reporting Act, be subject to this section.
(2) A data subject who makes a request for information from a data controller may limit the request to personal data relevant to the data
(a) financial standing,
(b) history for the period which precedes twelve months after the date of the request, and shall be considered to have limited the request of the data subject unless the request shows a contrary intention.
(3) An individual shall not request information which is held beyond the retention period specified in section 30 of the Credit Reporting Act, 2007 (Act 726) unless the credit bureau has provided the information to third parties beyond the retention period.
(4) Where a data controller receives a request from a data subject under this section, the obligation to supply information shall include an obligation to provide the data subject with a statement in a form pro- vided by Regulations which deal with the rights of a data subject
(a) under the Credit Reporting Act, 2007 (Act 726);
(b) to seek legal redress against a credit bureau set out under the Credit Reporting Act, 2007 (Act 726); and
(c) to enable a credit bureau which acts as a data controller or processor to acknowledge its obligations to comply with this Act.
special personal data
Processing of special personal data prohibited
(1) Unless otherwise provided by this Act, a person shall not process personal data which relates to
(a) a child who is under parental control in accordance with the law, or
(b) the religious or philosophical beliefs, ethnic origin, race, trade union membership, political opinions, health, sexual life or criminal behavior of an individual.
(2) A data controller may process special personal data in accor- dance with this Act where
(a) processing is necessary, or
(b) the data subject consents to the processing.
(3) The processing of special personal data is necessary where it is for the exercise or performance of a right or an obligation conferred or imposed by law on an employer.
(4) Special personal data shall not be processed unless the process-
ing is necessary for the protection of the vital interests of the data subject where
(a) it is impossible for consent to be given by or on behalf of the data subject,
(b) the data controller cannot reasonably be expected to obtain the consent of the data subject, or
(c) consent by or on behalf of the data subject has been unrea- sonably withheld.
(5) Special personal data shall not be processed unless the process- ing is carried out for the protection of the legitimate activities of a body or association which
(a) is established for non-profit purposes,
(b) exists for political, philosophical, religious or trade union purposes;
(c) relates to individuals who are members of the body or as- sociation or have regular contact with the body or associa- tion in connection with its purposes, and
(d) does not involve disclosure of the personal data to a third party without the consent of the data subject.
(6) The processing of special personal data shall be presumed to be necessary where it is required
(a) for the purpose of or in connection with a legal proceeding,
(b) to obtain legal advice,
(c) for the establishment, exercise or defence of legal rights,
(d) in the course of the administration of justice, or
(e) for medical purposes and the processing is
(i) undertaken by a health professional, and
(ii) pursuant to a duty of confidentiality between patient and health professional.
(7) In this section, “medical purposes” includes the purposes of preventive medicine, medical diagnosis, medical research, provision of care and treatment and the management of healthcare services by a medical or dental practitioner or a legally recognized traditional healer.
(8) A person shall not process special personal data in respect of race or ethnic origin unless the processing of the special personal data is
(a)necessary for the identification and elimination of discriminatory practices, and
(b) carried out with appropriate safeguards for the rights and freedoms of the data subject.
(9) The Minister may in consultation with the Commission by legislative instrument prescribe further conditions which may be taken by a data controller for the maintenance of appropriate safeguards for the rights and freedoms of a data subject related to processing of special personal data.
related to religious or philosophical beliefs of data subject
(1) The prohibition on processing of personal data which relates to the religious or philosophical beliefs of a data subject does not apply if the processing is carried out by
(a) a spiritual or religious organisation or a branch of the or- ganisation and the processing is in respect of persons who are members of the organisation,
(b) an institution founded on religious or philosophical principles and the processing is
(i) with respect to the members, employees or other persons belonging to the institution,
(ii) consistent with the objects of the institution, and
(iii) necessary to achieve the aims and principles of the institution.
(2) An individual who believes that data is being processed under subsection
(1) may at any time by notice in writing to a data controller require a data controller to provide particulars of data processed under this exemption.
prevent processing of personal data lang=EN-US
(1) An individual shall at any time by notice in writing to a data controller require the data controller to cease or not begin processing for a specified purpose or in a specified manner, personal data which causes or is likely to cause unwarranted damage or distress to the individual.
(2) A data controller shall within twenty-one days after receipt of a notice inform the individual in writing
(a) that the data controller has complied or intends to comply with the notice of the data subject, or
(b) of the reasons for non-compliance.
(3) Where the Commission is satisfied that the complainant is justified, the Commission may order the data controller to comply.
prevent processing of personal data for direct marketing
(1) A data controller shall not provide, use, obtain, procure or
provide information related to a data subject for the purposes of direct marketing without the prior written consent of the data subject.
(2) A data subject is entitled at any time by notice in writing to a data controller to require the data controller not to process personal data of that data subject for the purposes of direct marketing.(3) Where the Commission is satisfied on a complaint by a person who has given notice in subsection (1), that the data controller has failed to comply with the notice, the Commission may order that data controller to comply with the notice.
(4) In this section “direct marketing” includes the communication by whatever means of any advertising or marketing material which is directed to particular individuals.
relation to automated decision-taking lang=EN-US
(1) An individual is entitled at any time by notice in writing to a data controller to require the data controller to ensure that any decision taken by or on behalf of the data controller which significantly affects that individual is not based solely on the processing by automatic means of personal data in respect of which that individual is the data subject.
(2) Despite the absence of a notice, where a decision which significantly affects an individual is based solely on that processing
(a) the data controller shall as soon as reasonably practicable notify the individual that the decision was taken on that basis, and
(b) the individual is entitled, by notice in writing to require the data controller to reconsider the decision within twenty-one days after receipt of the notification from the data controller.
(3) The data controller shall within twenty-one days after receipt of the notice, inform the individual in writing of the steps that the data controller intends to take to comply with the notice.
(4) This section does not apply to a decision made
(a) in the course of considering whether to enter into a contract with the data subject,
(b) with a view to entering into the contract,
(c) in the course of the performance of the contract,
(d) for a purpose authorised or required by or under an enact- ment, or
(e) in other circumstances prescribed by the Minister.
(5) Where the Commission is satisfied on a complaint by a data subject that a person taking a decision has failed to comply, the Commis- sion may order the data controller to comply.
(6) An order for compliance under subsection (5) shall not affect the rights of a person other than the data subject or the data controller.
relation to exempt manual data
42. (1) A data subject is entitled at any time by notice in writing to require a data controller
(a) to rectify, block, erase or destroy exempt manual data which is inaccurate or incomplete, or
(b) to cease to hold exempt manual data in a manner which is incompatible with the legitimate purposes pursued by the data controller.
(2) A notice under subsection (1) shall state the reasons for believing that the data
(a) is inaccurate or incomplete, or
(b) is held in a manner which is incompatible with the legitimate purposes pursued by that data controller.
(3) Where the Commission is satisfied on a complaint by a person who has given notice that the data controller has failed to comply with the notice, the Commission shall give appropriate direction to the data controller to comply with the notice.
(4) For the purposes of this section, personal data is incomplete if the data is of the kind that its incompleteness would constitute a contra- vention of data protection principles provided in this Act.
for failure to comply
(1) Where an individual suffers damage or distress through the contravention by a data controller of the requirements of this Act, that individual is entitled to compensation from the data controller for the damage or distress.
(2) In proceedings against a person under this section, it is a defence to prove that the person took reasonable care in all the circumstances to comply with the requirements of this Act.
blocking, erasure and destruction of personal data lang=EN-US
(1) Where the Commission is satisfied on a complaint of a data subject that personal data on that data subject is inaccurate, the Commission may order the data controller to
(c) erase, or
(d) destroy the data.
(2) Subsection (1) applies whether or not the data is an accurate record of information received or obtained by the data controller from the data subject or a third party.
(3) Where the data is an accurate record of the information, the Commission may make an order requiring the data controller to supplement the statement of the true facts which the Commission considers appropriate.
(4) Where the data complained of has been rectified, blocked supplemented, erased or destroyed, the data controller is required to notify third parties to whom the data has been previously disclosed of the rectification, blocking, supplementation, erasure or destruction.
(5) To determine whether it is reasonably practicable to require the notification, the Commission shall have regard, in particular, to the number of persons to be notified.
of the Act
(1) Except as otherwise provided, this Act applies to a data control- ler in respect of data where
(a) the data controller is established in this country and the data is processed in this country,
(b) the data controller is not established in this country but uses equipment or a data processor carrying on business in this country to process the data, or
(c) processing is in respect of information which originates partly or wholly from this country.
(2) A data controller who is not incorporated in this country shall register as an external company.
(3) For the purposes of this Act the following are to be treated as established in this country:
(a) an individual who is ordinarily resident in this country;
(b) a body incorporated under the laws of this country;
(c) a partnership, persons registered under the Registration of Business Names Act, 1962 (Act 151) and the Trustees (Incorporation) Act, 1962 (Act 106);
(d) an unincorporated joint venture or association operating in part or in whole in this country; and
(e) any person who does not fall within paragraphs (a),(b), (c) or (d) but maintains an office, branch or agency through which business activities are carried out in this country.
(4) This Act does not apply to data which originates externally and merely transits through this country.
Establishment of Data Protection Register
(1) There is established by this Act a register of data controllers to be known as the Data Protection Register.
(2) The Commission shall keep and maintain the Register.
(3) A data controller shall register with the Commission.
(1) An application for registration as a data controller shall be made in writing to the Commission and the applicant shall furnish the following particulars:
(a) the business name and address of the applicant;
(b) the name and address of the company’s representative where the company is an external company;
(c) a description of the personal data to be processed and the category of persons whose personal data are to be collected;
(d) an indication as to whether the applicant holds or is likely to hold special personal data;
(e) a description of the purpose for which the personal data is being or is to be processed;
(f) a description of a recipient to whom the applicant intends to disclose the personal data;
(g) the name or description of the country to which the appli- cant may transfer the data;
(h) the class of persons or where practicable the names of persons whose personal data is held by the applicant;
(i) a general description of measures to be taken to secure the data; and
(j) any other information that the Commission may require. (2) An applicant who knowingly supplies false information in support of an application for registration as a data controller commits an
offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or a term of imprisonment of not more than one year or to both.
(3) Where a data controller intends to keep personal data for two or more purposes the Commission shall make separate entries for each purpose in the Register.
(1) The Commission shall not grant an application for registration under this Act where
(a) the particulars provided for inclusion in an entry in the Register are insufficient;
(b) the appropriate safeguards for the protection of the privacy of the data subject have not been provided by the data controller; and
(c) in the opinion of the Commission, the person making the application for registration does not merit the grant of the registration.
(2) Where the Commission refuses an application for registration as a data controller, the Commission shall inform the applicant in writing within fourteen days
(a) of its decision and the reasons for the refusal, and
(b) the applicant may apply for judicial review to the High Court against the refusal.
(3) A refusal of an application for registration is not a bar to re- application.
(1) The Commission shall
(a) register an applicant if it is satisfied that the applicant has satisfied the conditions required for registration, and
(b) provide the applicant with a certification of registration upon approval of the application.
(2) The applicant shall pay the prescribed fee upon registration.
A registration shall be renewed every two years.
The Commission may at the request of the person to whom an entry in the Register relates, remove that person’s name from the Register at any time.
The Commission has the power to cancel a registration for good cause.
personal data without registration prohibited
A data controller who has not been registered under this Act shall not process personal data.
Access by the
(1) The Commission shall provide facilities to make the information contained in the Register available for inspection by members of the public.
(2)The Commission shall supply a member of the public with a duly certified manual or electronic copy of the particulars contained in an entry made in the Register on payment of the prescribed fee.
A person in respect of whom an entry as a data controller is included in the Register shall notify the Commission of changes in the registered particulars within fourteen days.
A person who fails to register as a data controller but processes personal data commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or a term of imprisonment of not more than two years or to both.
(1) The Minister may by Executive Instrument specify actions which constitute assessable processing if the Minister considers the assessable processing likely to
(a) cause substantial damage or substantial distress to a data subject, or
(b) otherwise significantly prejudice the privacy rights of a data subject;
(2) On receipt of an application for registration, the Commission shall consider
(a) whether the processing to which the notification relates is assessable, or
(b) if the assessable processing complies with the provisions of this Act.
(3) The Commission shall within twenty-eight days from the day of receipt of the application, inform the data controller whether the processing is likely to comply with the provisions of this Act.
(4) The Commission may extend the initial period by a further period which does not exceed fourteen days or other period that the Commission may specify.
(5) The assessable processing in respect of which a notification has been given to the Commission shall not be carried on unless
(a) the period of twenty-eight days has elapsed, or
(b) before the end of that period, the data controller receives a notice from the Commission under subsection (3).
(6) A data controller who contravenes this section commits an of- fence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not more than two years or to both.
of data protection supervisors
(1) A data controller may appoint a certified and qualified data supervisor to act as a data protection supervisor.
(2) The data protection supervisor is responsible for the monitoring of the data controller’s compliance with the provisions of this Act.
(3) This section is subject to the exemptions or modifications specified in the authorization.
(4) An authorization under this section may
(a) impose a duty on a data protection supervisor in relation to the Commission, and
(b) confer a function on the Commission in relation to a data protection supervisor.
(5) A data protection supervisor may be an employee of the data controller.
(6) The Commission shall provide the criteria for qualification to be appointed as a data protection supervisor.
(7) A person shall not be appointed as a data protection supervisor unless the person satisfies the criteria set by the Commission.
The Minister may by Regulations prescribe fees for the purpose of sections 49, 50 and 54.
(1) The processing of personal data is exempt from the provisions of this Act for the purposes of
(a) public order,
(b) public safety,
(c) public morality,
(d) national security, or
(e) public interest.
(2) Subject to article 18 (2) of the Constitution, a certificate signed by the Minister is prima facie evidence of exemption from the provisions of this Act.
(3) A certificate may by means of a general description identify the personal data to which it applies.
(4) A person who is directly affected by the issue of a certificate under this section may apply for judicial review at the High Court.
Crime and taxation
(1) The processing of personal data is exempt from the provisions of this Act for the purposes of
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of an offender, or
(c) the assessment or collection of a tax or duty or of an imposition of a similar nature.
(2) Personal data is exempt from the non-disclosure provisions in any case in which
(a) the disclosure is for a purpose mentioned in subsection (1), and
(b) the application of those provisions in relation to the disclosure is likely to prejudice any of the matters mentioned in that subsection.
education and social work
Personal data on the following subjects shall not be disclosed except where the disclosure is required by law:
(a) personal data which relates to the physical, mental health or mental condition of the data subject,
(b) personal data in respect of which the data controller is an
educational institution and which relates to a pupil at the institution, or
(c) personal data of similar description.
(1) The provisions of this Act do not apply to the processing of personal data for protection of members of the public
(a) against loss or malpractice in the provision of
(iv) other financial services, or
(v) management of a body corporate;
(b) against dishonesty or malpractice in the provision of professional services;
(c) against the misconduct or mismanagement in the administration of a non-profit making entity;
(d) to secure the health, safety and welfare of persons at work; or
(e) to protect non-working persons against the risk to health or safety arising out of or in connection with the action of persons at work.
(2) The processing of personal data is exempt from the subject information provisions of this Act if it is for the discharge of a function conferred by or under an enactment on
(b) a local government authority,
(c) the administration of public health or public financing of health care, prevention, control of disease and the monitoring and eradication of disease .
literature and art
(1) A person shall not process personal data unless
(a) the processing is undertaken by a person for the publication of a literary or artistic material;
(b) the data controller reasonably believes that publication would be in the public interest; and
(c) the data controller reasonably believes that, in all the circumstances, compliance with the provision is incompatible with the special purposes.
(2) Subsection (1) does not exempt a data controller from compliance with the data principles related to
(a) lawful processing,
(c) further processing,
(d) information quality, and
(e) security safeguards.
(3) For the purposes of subsection (1) (b), in considering whether the data controller believes that the publication would be in the public interest or is reasonable, regard may be had to the compliance by the data controller with any code of practice which is
(a) relevant to the publication in question, and
(b) designated by the Minister for purposes of this subsection.
history and statistics
65. (1) The further processing of personal data for a research purpose
in compliance with the relevant conditions is not to be regarded as incompatible with the purposes for which the data was obtained.
(2) Personal data which is processed for research purposes in compliance with the relevant conditions may be kept indefinitely.
(3) Personal data which is processed only for research purposes is exempt from the provisions of this Act if
(a) the data is processed in compliance with the relevant condi- tions, and
(b) the results of the research or resulting statistics are not made available in a form which identifies the data subject or any of them.
(4) Personal data is not to be treated as processed otherwise than for research purposes merely because the data is disclosed
(a) to any person for research purposes only,
(b) to the data subject or a person acting on behalf of the data subject,
(b) at the request or with the consent of the data subject or a person acting on behalf of the data subject ,or
(d) in circumstances in which the person making the disclosure has
reasonable grounds to believe that the disclosure falls within this section.
required by law or made in connection with a legal proceeding
66. Personal data is exempt from the provisions on non-disclosure where the disclosure is required by or under an enactment, any rule of law or by the order of a court.
67. Personal data which is processed by an individual only for the purpose of that individual’s personal, family or household affairs is exempt from the data protection principles.
Confidential references given by data controller
68. Personal data is exempt from the data protection principles if it consists of a reference given in confidence by the data controller for the purposes of
(a) education, training or employment of the data subject,
(b) the appointment to an office of the data subject, or
(c) the provision of any service by the data subject.
69. Personal data is exempt from the subject information provisions where the application of the provisions is likely to prejudice the combat effectiveness of the Armed Forces of the Republic.
Judicial appointments and honours
70. Personal data processed to
(a) assess a person’s suitability for judicial office, or
(b) confer a national honour,
is exempt from the subject information provisions of this Act.
Public service or ministerial appointment
71. The Minister may by legislative instrument make Regulations to prescribe exemptions from the subject information provisions of personal data processed to assess a person’s suitability for
(a) employment by the government, or
(b) any office to which appointments are made by the President.
72. Personal data is exempt from the provisions of this Act if it relates to examination marks processed by a data controller
(a) to determine the results of an academic, professional or other examination or to enable the results of the examination to be determined, or
(b) in consequence of the determination of the results.
73. Personal data which consists of information recorded by candidates during an academic, professional or other examination is exempt from the provisions of this Act.
74. Personal data is exempt from the subject information provisions if it consists of information in respect of which a claim to professional privilege or confidentiality between client and a professional adviser could be maintained in legal proceedings.
75. (1) Where the Commission is satisfied that a data controller has contravened or is contravening any of the data protection principles, the Commission shall serve the data controller with an enforcement notice to require that data controller to do any of the following:
(a) to take or refrain from taking the steps specified within the time stated in the notice,
(b) to refrain from processing any personal data or personal data of a description specified in the notice; or
(c) to refrain from processing personal data or personal data of a description specified in the notice for the purposes specified or in the manner specified after the time specified.
(2) In deciding whether to serve an enforcement notice, the Com- mission shall consider whether the contravention has caused or is likely to cause damage or distress to any person.
(3) An enforcement notice issued in respect of a contravention of a provision of this Act may also require the data controller to rectify, block, erase or destroy other data held by the data controller and which contains an expression of opinion which appears to the Commission to be based on the inaccurate data.
(a) an enforcement notice requires the data controller to rectify, block, erase or destroy personal data, or
(b) the Commission is satisfied that personal data which has been rectified, blocked, erased or destroyed was processed in contravention of any of the data protection principles, the Commission may require the data controller to notify a third party to
whom the data has been disclosed of the rectification, blocking, erasure or destruction.
(5) An enforcement notice shall contain a statement of the data protection principle which the Commission is satisfied has been contra- vened and the reasons for that conclusion.
(6) Subject to this section, an enforcement notice shall not require any of the provisions of the notice to be compiled with before the end of the period
within which an
appeal may be brought against the notice and, if the appeal is brought, the
notice may not be complied with pending the determination or withdrawal of the
(7) Despite subsection (6), the Commission may in exceptional circumstances order that the notice apply immediately.
Cancellation of enforcement notice
76. The Commission may on its own motion or on an application made by a person on whom a notice is served, cancel or vary the notice to that person.
Request for assessment
77. (1) A person who is affected by the processing of any personal data may on that person’s own behalf or on behalf of another person request the Commission to make an assessment as to whether the processing is in compliance with the provisions of this Act.
(2) On receiving a request, the Commission may make an assessment in the manner that the Commission considers appropriate.
(3) The Commission may consider the following in determining whether an assessment is appropriate:
(a) the extent to which the request appears to the Commission to raise a matter of substance;
(b) any undue delay in making the request; and
(c) whether or not the person making the request is entitled to make an application in respect of the personal data in question.
(4) The Commission shall not publish the report of any finding
(a) the request
is accompanied with the prescribed fee, or
(b) the Commission waives payment based on proven pecuniary
challenges of the applicant.
(5) Where the Commission finds that the processing by a data controller is contrary to the provisions of this Act, the Commission shall issue an information notice to the data controller specifying the contravention, and give the data controller notice to cease processing personal data.
Determination by the Commission
78. (1) Where at any time it appears to the Commission that personal data
(a) is being processed in a manner inconsistent with the provisions of this Act, or
(b) is not being processed with a view to the publication by a person of a journalistic, literary or artistic material which has not previously been published by the data controller
the Commission may make a determination in writing to that effect.
(2) The Commission shall give a notice of the determination to the data controller.
enforcement in case of processing for special purposes
79. (1) The Commission shall not serve an enforcement notice on a
data controller in relation to the processing of personal data under section 78
(1) (a) unless a determination has been made by the Commission.
(2) The Commission shall not serve an information notice on a data controller in relation to the processing of personal data under section
78 (1) (b) unless a determination has been made by the Commission.
Failure to comply with notice
80. (1) A person who fails to comply with an enforcement notice or an information notice commits an offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or to a
term of imprisonment of not more than one year or to both.
(2) A person who, in compliance with an information notice,
(a) makes a statement which that person knows to be false in a material respect, or
(b) recklessly makes a statement which is false in a material
commits an offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or to a term of imprisonment of not more than one year or to both.
(3) It is a defence for a person charged with an offence under sub- section
(1) to prove that, that person exercised due diligence to comply with the notice in question.
81. (1) The Board may in writing authorise an officer to perform the functions determined by the Board for the purpose of enforcing the provisions of this Act and the Regulations.
(2) Without limiting subsection (1), an officer authorised by the Commission may at any reasonable time, enter to inspect and search any premises to ensure compliance with this Act.
Records obtained under data subject’s rights of access
Conditional request for personal data prohibited
82. (1) A person who provides goods, facilities or services to the public shall not require a person to supply or produce a particular record as a condition for the provision of the goods, facilities or services to that person.
(2) Subsection (1) does not apply where the imposition of the requirement is required or authorised under an enactment, rule of law or in the public interest.
(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not more than two years or to both.
Demand for health records
83. A person shall not be required to provide records which
(a) consist of information related to the physical, mental health or mental condition of an individual, or
(b) has been
made by or on behalf of a health professional in connection with the care of
Information provided to Commission
Disclosure of information
84. The provisions of an enactment or a rule of law which prohibit or restrict the disclosure of information do not apply to a case where a person furnishes the Commission with information necessary for the performance of the functions of the Commission under this Act.
Confidentiality of information
85. (1) The Commission, an employee or an agent of the Commission shall not disclose information
(a) obtained by the Commission under or for the purposes of this Act,
(b) furnished to the Commission under or for the purposes of this Act,
(c) which relates to an identifiable individual, and
(d) which is not at the time of the disclosure and has not previously been available to the public from other sources
unless the disclosure is made with lawful authority.
(2) A disclosure is made with lawful authority where the disclosure
(a) is made with the consent of the individual or the person for the time being carrying on the business,
(b) was made for the purpose of its being made available to the public under the provisions of this Act,
(c) is made for the purposes of, and is necessary for, the performance of a function under this Act,
(d) is made for the purposes of any civil or criminal proceedings, which arise under or by virtue of this Act or otherwise, or
(e) having regard to the rights, freedoms or legitimate interests of a person,
the disclosure is necessary in the public interest.
(3) A person who knowingly or recklessly discloses information in contravention of subsection (1) 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.
Miscellaneous and general provisions
duties of the Commission
(1) The Commission shall provide guidelines and promote the observance of good practice to ensure compliance with this Act.
(2) The Commission may charge the fees that the Commission in consultation with the Minister for Finance determines for the provision of services by the Commission.
(3) The Commission is responsible for the conduct of public education and awareness campaigns to the public on the rights of data subjects and the obligations of data controllers under this Act.
The Commission shall perform the data protection functions that are necessary to give effect to any international obligations of the Republic.
to purchase, obtain or disclose personal data lang=EN-US
(1) A person shall not
(a) purchase the personal data or the information contained in the personal data of another person;
(b) knowingly obtain or knowingly or recklessly disclose the personal data or the information contained in the personal data of another person; or
(c) disclose or cause to be disclosed to another person the information contained in personal data.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not more than two years or to both.
of sale of personal data
(1) A 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.
(2) For the purposes of this section an advertisement which indicates that personal data is or may be for sale is an offer to sell the data.
(1) A credit bureau shall for the purposes of this Act be a data controller and
(a) is subject to the orders or directions emanating from the Commission,
(b) shall exercise the rights under this Act, and
(c) be liable for any offences committed by the Credit Bureau and its officers under this Act.
(2) A person who suffers damage which arises from the supply of inaccurate or incomplete information by a credit bureau about the person is entitled in addition to the remedies under this Act to such further remedies that are provided under the Credit Reporting Act, 2007 (Act 726).
to the State
(1) This Act binds the Republic.
(2) For the purposes of this Act, each government department shall be treated as a data controller.
(3) Each department shall designate an officer to act as a data supervisor.
(4) Where the purposes and the manner in which the processing of personal data are determined by a person acting on behalf of the Executive, Parliament and the Judiciary, the data controller in respect of that data for the purposes of this Act is
(a) in relation to the Executive, the Chief Director,
(b) in relation to Parliament, the Clerk to Parliament, and
(c) in relation to the Judiciary, the Judicial Secretary.
(5) A different person may be appointed under subsection (4) for a different purpose.
of notices by electronic or other means lang=EN-US
(1) A requirement that a notice, request, particulars or application to which this Act applies shall be in writing is satisfied where the text of the notice, request, particulars or application
(a) is transmitted by electronic means in a manner specified by the Commission,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.
(2) The Minister may by Regulations exempt a notice, request, particulars or application from these requirements.
notices by the Commission
(1) A notice authorized or required by this Act to be served on or given to a person by the Commission may
(a) if that person is an individual, be served on that individual by delivery to that individual,
(i) by post addressed to that individual at that Individual’s usual or last known place of residence or business,
(ii) by leaving the notice at that individual’s usual or last known place of residence or business, or
(iii) by sending it to an electronic mail address specified by the individual for service of notices;
(b) if that person is a body corporate or unincorporated, be served on that body
(i) by post to the principal officer of the body at its principal office,
(ii) by addressing it to the principal officer of the body and leaving it at that office, or
(iii) by sending it to an electronic mail address specified by the body for service of notices under this Act; and
(c) if that person is a partnership, be served on that partnership
(i) by post to the principal office of the partnership,
(ii) by addressing it to that partnership and leaving it at that office, or
(iii) by sending it to an electronic mail address specified by that partnership for service of notices under this Act.
(2) This section does not limit any other lawful method of serving or giving a notice.
(1) The Minister may in consultation with the Commission by legislative instrument make Regulations to
(a) extend the transitional period for a data controller in existence at the commencement of this Act,
(b) specify the conditions that are to be satisfied for consent to be given,
(c) prescribe further conditions which may be taken by a data controller for the maintenance of appropriate safeguards, for the rights and freedoms of a data subject related to the processing of special personal data,
(d) make different provisions for different situations,
(e) exempt notices, requests, particulars or applications from the requirements under the Act, and
(f) provide generally for any other matter necessary for the effective implementation of the provisions of this Act.
(2) A person who commits an offence under the Regulations is liable on summary conviction to a fine of not more than five thousand penalty units.
Where a person commits an offence under this Act in respect of which a penalty is not specified, the person is liable on summary convic- tion to a fine of not more than five thousand penalty units or a term of imprisonment of not more than ten years or to both.
In this Act unless the context otherwise requires
“assessable processing” means processing of a description specified in an Executive Instrument made by the Minister
under section 57 (1);
“business” includes trade or profession;
“Commission” means the Commission established under section 1 of this Act;
“corporate finance service” means a service which consists of
(a) underwriting in respect of the issue or the placing of issues of any instrument;
(b) advice to undertakings on capital structure, industrial strategy and related matters and advice and service related to mergers and the purchase of an undertaking, or
(c) services related to the underwriting referred to in paragraphs (a) and (b);
“credit bureau” means an institution licensed under the Credit Reporting Act, 2007(Act 726) to carry out credit bureau activities; “data” means information which
(a) is processed by means of equipment operating automatically in response to instructions given for that purpose,
(b) is recorded with the intention that it should be processed by means of such equipment,
(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, or
(d) does not fall within paragraph (a),(b) or (c) but forms part of an accessible record;
“data controller” means a person who either alone, jointly with other persons or in common with other persons or as a statutory duty determines the purposes for and the manner in which personal data is processed or is to be processed;
“data protection principles” means the principles set out in sections 17 to 26 of this Act;
“data processor” in relation to personal data means any person other than an employee of the data controller who processes the data on behalf of the data controller;
“data protection functions” means functions that relate to the protection of personal data in the course of data processing;
“data subject” means an individual who is the subject of personal data; “enactment” includes an enactment passed after the commencement of this Act; “data supervisor” means a professional appointed by a data controller in accordance with section 58 to monitor the compliance by the data controller in accordance with the provisions of the Act;
“examination” includes any process for determining the knowledge, intelligence, skill or ability of a candidate by reference to the candidate’s performance in a test, work or other activity;
“exempt manual data” means information in respect of which a controller is not required to register before manual processing or use;
“foreign data subject” means data subject information regulated by laws of a foreign jurisdiction sent into Ghana from a foreign jurisdiction wholly for processing purposes;
“ good cause” means any failure to comply with or a violation of any of the data protection principles, enforcement or other notices issued by the Commission;
“good practice” means the practice in the processing of personal data in a way that the likelihood of causing substantial damage or distress is reduced;
“government department” includes a Ministry, Department or Agency and a body or authority exercising statutory functions on behalf of the State;
“health professional” means a registered medical practitioner or a recognised traditional healer or any person who is registered to provide health services under any law for the time being in force;
“information notice” means notice given by the Commission pursuant to a determination under section 78 (1) (b); “instrument” means any instrument related to a publicly traded security;
“Minister” means the Minister assigned responsibility for Communications; “personal data” means data about an individual who can be
(a) from the data, or
(b) from the data or other information in the possession of, or likely to come into the possession of the data controller;
“prescribed fee” means a fee set out in relation to any Regulations on fees made pursuant to this Act;
“principal office” in relation to a registered company, means the registered office or other address that the company may specify for the delivery of correspondence;
“principal officer” in relation to a body, means the secretary or other executive officer charged with the conduct of the general affairs of the body;
“processing” means an operation or activity or set of operations by automatic or other means that concerns data or personal data and the
(a) collection, organisation, adaptation or alteration of the information or data,
(b) retrieval, consultation or use of the information or data,
(c) disclosure of the information or data by transmission, dissemination or other means available, or
(d) alignment, combination, blocking, erasure or destruction of the information or data;
“public funds” has the same meaning assigned to it in Article 175 of the 1992 Constitution;
“public register” means a register which pursuant to a requirement imposed
(a) by or under an enactment, or
(b) in pursuance of any international agreement is open to
(i) inspection by the public, or
(ii) inspection by a person who has a legitimate interest;
“publish” in relation to journalistic, literary or artistic material means to make available to the public or any class of the public, journalistic, literary or artistic material;
“pupil” in relation to a school in this country means a registered person within the meaning of the Education Act, 2008 (Act 778) of any registered school; “recipient” means a person to whom data is disclosed including an employee or agent of the data controller or the data processor to whom data is disclosed in the course of processing the data for the data controller, but does not include a person to whom disclosure is made with respect to a particular inquiry pursuant to an enactment;
“registered company” means a company registered under any enactment related to an incorporated or unincorporated entity for the time being in force in the country;
“Regulations” means Regulations made under this Act; “relevant authority” means
(a) a government department,
(b) local authority, or
(c) any other statutory authority;
“relevant filing system” means any set of data that relates to an individual which although not processed by means of equipment operating automatically in response to instructions given for processing that data, the set is structured, either by reference to an individual or by reference to a criteria that relates to the individual in a manner that specific information which relates to a particular individual is readily accessible;
“relevant function” means
(a) a function conferred on a person by or under an enactment,
(b) a function of the government, a Minister of State or a government department, or
(c) any other function which is of a public nature and is exercised in the public interest;
“relevant record” means any record that relates to a conviction or caution held by a law enforcement agency or security agency;
“research purposes” includes statistical or historical purposes; “security agency” means an agency connected with national security as determined by the National Security Council; “special personal data” means personal data which consists of information that relates to
(a) the race, colour, ethnic or tribal origin of the data subject;
(b) the political opinion of the data subject;
(c) the religious beliefs or other beliefs of a similar nature, of the data subject;
(d) the physical, medical, mental health or mental condition or DNA of the data subject;
(e) the sexual orientation of the data subject;
(f) the commission or alleged commission of an offence by the individual; or
(g) proceedings for an offence committed or alleged to have been committed by the individual, the disposal
of such proceedings or the sentence of any court in the proceedings; “special purposes” means any one or more of the following:
(a) the purpose of journalism,
(b) where the purpose is in the public interest,
(c) artistic purposes, and
(d) literary purposes;
“subject information provisions” means the provisions under this Act which deal with the right of a data subject to
access information from a data controller;
“teacher” includes a head teacher and the principal of a school to whom disclosure is or may be made as a result of, or with a view to, an inquiry by or on behalf of that person made in the exercise of a power conferred by law;
“the relevant conditions” in relation to the processing of personal data, means the conditions
(a) that the data is not processed to support measures or decisions with respect to particular individuals, and
(b) that the data is not processed in the way that substantial damage or distress is caused or is likely to be caused to the data subject; and
“third party” in relation to personal data, means a person other than
(a) the data subject,
(b) the data controller, or
(c) any data processor or other person authorized to process data for the data controller or processor.
(1) A data controller incorporated or established after the commencement of this Act shall be required to register as a data controller
within twenty days of the commencement of business.
(2) 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.
(1) Sections 44 to 49, 51, 52, 56 and 57 of the National Identity Register Act, 2008 (Act 750) are hereby repealed.
(2) Section 18 (1), (g) and (h) of the National Identification Authority Act, 2006, (Act 707) is hereby repealed.
(3) Sections 34 (1), 38 and 40 of the Credit Reporting Act, 2007 (Act 726) are hereby repealed.
(4) Despite the repeal of
(a) sections 44 to 49, 51, 52, 56 and 57 of the National Identity Register Act, 2008 (Act 750),
(b) section 18 (1) (g) and (h) of the National Identification Authority Act, 2006 (Act 707), and
(c) sections 34 (1), 38 and 40 of the Credit Reporting Act, 2007 (Act 726), the Regulations, bye-laws, notices, orders, directions, appointments or any other act lawfully made or done under the repealed provisions and in force immediately before the commencement of this Act shall be considered to have been made or done under this Act and shall continue to have effect until reviewed, cancelled or terminated.
The Minister shall specify the date when this Act shall come into force by publication in the Gazette.
THE SEVEN HUNDRED AND SEVENTY-FIFTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED ELECTRONIC COMMUNICATIONS ACT, 2008
AN ACT to
provide for the regulation of electronic communications, the regulation of
broadcasting, the use of the electro-magnetic spectrum and for related matters.
DATE OF ASSENT: 6th January, 2009.
ENACTED by the President and Parliament:
(1) This Act applies: to electronic communications and broadcasting service providers, and electronic communications and broadcasting networks.
(2) This Act does not apply:
(a) to the military and other security agencies,
(b) installations of other branches of government except as expressly provided in this Act,
(c) the operation by a person for that person’s own use or solely for the purpose of that person’s business of an electronic communications system in which the equipment comprised in the system is situated:
i. in a single set of premises in single occupation and the transmissions from the equipment are confined to the premises, or the procedures for the administrative adjudication, mediation or arbitration of disputes between operators and their subscribers, and for the determination of breaches of the Regulations or conditions of the frequency authorization and the nature of sanctions, impositions, warnings and other penalties in respect of the breaches.
ii. in a vessel, aircraft or vehicle or in two or more vessels, aircraft or vehicles and is mechanically coupled.
(3) Business in subsection 2 (c) does not include a business for the provision of telecommunication services to another person.
1. The National Communications Authority shall regulate the radio spectrum designated or allocated for use by broadcasting organizations and providers of broadcasting services in accordance with the standards and requirements of the International Telecommunications Union and its Radio Regulations as agreed to or adopted by the Republic.
2. In furtherance of carrying out its function under subsection (1) the Authority shall determine technical and other standards and issue guidelines for the operation of broadcasting organizations and bodies providing broadcasting services.
3. The Authority shall charge fees that it determines for a frequency authorization.
4. Except as provided by this Act or any other law not inconsistent with this Act, a person shall not operate a broadcasting system or provide a broadcasting service without a frequency authorization by the Authority.
5. In furtherance of the management of the radio spectrum allocated to broadcasting, the Authority may adopt policies to cater for rural communities and for this purpose may waive fees wholly or in part for the grant of a frequency authorization.
6. The Minister on the advice of the Authority may by legislative instrument make Regulations to give effect to its mandate and shall in particular make Regulations to prescribe
i. fees and tariffs,
ii. the issue, conditions, duration, suspension or revocation of frequency authorization,
iii. the procedure to be applied by a provider of a broadcasting service or a broadcasting organisation in relation to claims and complaints by customers,
iv. the procedures for the administrative adjudication, mediation or arbitration of disputes between operators and their subscribers, and
v. for the determination of breaches of the Regulations or conditions of the frequency authorization and the nature of sanctions, impositions, warnings and other penalties in respect of the breaches.
7. The Authority shall publish the Regulations on its website.
8. The Authority shall conduct or cause to be conducted research into the social, economic, cultural and technical issues relating to broadcasting to guide the Authority to carry out its mandate.
9. In pursuit of its mandate, the Authority shall pay particular attention to the provisions of Chapter 12 of the Constitution.
Requirement for a license for public electronic communications service:
1. Except as otherwise provided under this Act a person shall not operate a public electronic communications service or network or provide a voice telephony service without a license granted by the Authority.
2. A person who wishes to operate a network or provide a service described in subsection (1) shall apply to the Authority in the manner specified in Regulations made under this Act.
3. The Authority may grant or refuse an application for a license based on policies and rules published from time to time.
4. The Authority shall cause a notice to be published in the Gazette and on its website on the receipt, grant or refusal of a license.
5. Where an application for a license is refused, the Authority shall notify the applicant in writing of its decision and the reasons for the refusal within seven days of the refusal.
6. The terms of a license shall be made available to the public at the office of the Authority and on the website of the Authority and a member of the public may obtain a copy or an extract of the terms on payment of the prescribed fee.
7. The Authority shall determine applications for licenses in a nondiscriminatory and transparent manner.
8. A person who intends to operate submarine cables within this country to connect to a telecommunications network shall first obtain a license, in addition to any other license, approvals, or permits required under any other law.
9. The Authority shall conduct public hearings in respect of applications for licenses under this section when the applications are made in the first instance.
10. The Authority may grant a class license in place of an individual license if it considers that appropriate.
11. A diplomatic mission in Ghana may be granted permission to operate a radio communication system on application to the Authority through the Ministry of Foreign Affairs if
a) the Government of the diplomatic mission concerned provides reciprocal facilities to the Government of Ghana,
b) the station is to
i. be installed in accordance with this subsection, and
ii. operate in accordance with the International Telecommunications Convention and the Radio Regulations of the International Telecommunications Union, and the power output of the transmitter is not higher than necessary for transmitting to the state to which the diplomatic mission belongs and is in any case not more than five kilowatts.
Despite any other provision of this Act, the Authority may require that a person operating a type of electronic communications network or providing a type of electronic communication service for which a license is not required under this section must notify the Authority within fourteen days of commencing operations.
1. A license issued under this Act may be subject to conditions that the Authority considers necessary in line with the objectives of the Authority.
2. Without limiting the power conferred on the Authority under this Act or the National Communications Authority Act, 2008 (Act 769), each individual license or class license shall contain conditions that include:
a) a requirement for the effective and efficient use of scarce resources such as radio frequencies, numbers and rights-of way;
b) the networks and services which the licensee is entitled to operate or provide and the networks to which the licensee’s network can or cannot be connected; .
c) the duration of the license;
d) the build out of the licensee’s network and geographical and subscriber targets for the provision of the licensee’s services,
e) provision of telephone numbers for emergency services;
f) obligations to provide certain information to the Authority for regulatory and statistical purposes and to make public non-proprietary information;
g) obligations that relate to customer protection;
h) obligations to provide customer database information for a universal directory;
i) the provision of services to rural or sparsely populated areas or other specified areas in which it would otherwise be uneconomical to provide service;
j) the provision of services to persons with disability and other social responsibility obligations;
k) contribution towards the provision of universal service and access;
l) the payment of license fees;
m) obligations that relate to interconnection of networks and interoperability of services, data protection and the avoidance of harmful interference;
n) infrastructure sharing obligations;
o) the control of anti-competitive conduct on the part of the licensee;
p) the provision to the Authority of documents and information required by the Authority for the performance of its functions;
q) the publication by the licensee of its charges and other terms and conditions of doing business;
r) the provision by the licensee of directory information and directory inquiry services;
s) the regulation of prices and the quality of the service provided by the licensee;
t) the technical standards to be met by the licensee’s telecommunications network or service;
u) the allocation to and use by the licensee of numbers;
v) the transfer and the renewal of the license and change of ownership in the shareholding of the licensee;
w) prescriptions regarding national defense and public security; and
x) restriction on some of or all the conditions and modification of the duration of the license.
WITH RESPECT TO INDIVIDUAL LICENSES
1. A network operator or service provider shall
a) pay the fees specified by the Authority,
b) not assign the license without the prior written approval of the Authority,
c) upon written request made by the President and subject to the Constitution, co-operate or collaborate with the President in matters of national security, and
d) observe the conditions of its license and regulations that relate to the license.
2. A person who has a significant interest in a network operator or service provider shall not sell, transfer, charge or otherwise dispose of that interest or any part of that interest in the network operator or service provider, unless notice is given to the Authority thirty days before the proposed transaction.
3. A network operator or service provider shall not without first giving notice to the Authority
a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant interest,
b) issue or allot any shares or cause, permit or acquiesce in any other reorganization of that network operator’s or service provider’s share capital that results in
i. a person acquiring a significant interest in that network operator or service provider, or
ii. a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person’s interest.
4. A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition.
5. Despite this section, where a sale, transfer, charge or other disposition referred to in subsection (2) is as a result of an internal reorganization of a network operator or service provider,
a) the notification to the Authority under subsection (4) is not required, and
b) the network operator or service provider shall, as soon as reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.
OF INDIVIDUAL LICENSEES style='font-family:
1. A network operator or service provider shall
a) submit to the Authority any information that relates to the modification of its network or service;
b) provide users, under conditions which are published or are otherwise notified to the Authority, access to and the opportunity to use the network or service on a fair and reasonable basis;
c) not discriminate among similarly situated users and shall transmit communications without discrimination, subject to section 25;
d) not engage in anti-competitive pricing and other related practices in order to lessen competition;
e) not use revenues or resources from one part of its business to unfairly cross-subsidise another electronic communications network or service, without the written approval of the Authority;
f) satisfy standards of quality in accordance with its licence and the Regulations;
g) file a report with the Authority on the quality of its service as measured against the quality of service performance indicators set by the Authority and publish other reports that the Authority may authorize;
h) develop, publish and implement procedures for responding to user complaints and disputes related to quality of service, statements of charges and prices and respond quickly and adequately to the complaints;
i. submit complaints from and disputes with
ii. other licensees,
iii. operators of electronic communications networks,
iv. providers of electronic communications services, and other users, to the Authority for resolution where the complaints or disputes are because of the licensee’s exercise of its rights and obligations under the license;
i) file with the Authority samples of user agreements with end-users and any amendments of the agreements for the provision of public electronic communications services;
j) permit the resale of its electronic communications service and not impose unreasonable or discriminatory conditions or limitations on the resale;
k) provide and contribute to universal service and universal access in accordance with policies established under the National Electronic Communications Policy,
l) amendments to the Policy and any other policies that the Minister may establish;
m) not impair or terminate the electronic communications service provided to a user during a dispute, without the written approval of the Authority;
n) disconnect terminal equipment which is attached to an operator’s network in contravention of this Act and which
i. is unsafe to the user,
ii. is not in compliance with international standards, or
iii. poses a risk of physical harm to the network;
o) provide number portability when required to do so and in accordance with the requirements specified by the Authority; and provide dialing parity to other operators and service providers in accordance with requirements specified by the Authority.
3. The Authority shall specify
a) quality of service indicators for classes of public telecommunications service, and
b) the means to enforce a licensee’s compliance with its stated quality of service standards, including measures by which a licensee shall compensate users adversely affected by a failure to provide electronic communications service in accordance with the standards.
4. Where an operator has significant market power, as determined in accordance with the criteria set out in this Act, the operator shall make available to other operators of electronic communications networks or providers of electronic communications services, technical information regarding the network or service, including planned deployment of equipment and other information relevant to the other network operator or service provider.
LICENSES AND AUTHORIZATIONS
1. The Authority may grant a Class License or authorization for the operation of
a) value added services,
b) resale of electronic communications capacity or services by private operators to the public,
c) networks for wholesale, private line or public distribution,
d) domestic telephone service, or
e) other services for which the Authority considers Class License to be appropriate.
2. A Class License gives a person the right to carry on the activities subject to the conditions specified in the license.
3. A Class Licence shall specify the electronic communications network or service it authorizes, a person’s eligibility for the Class Licence and the conditions of the Class Licence, including
a) the scope of the licensed networks or services,
b) applicable technical and operational standards or conditions,
c) the location in which the authorized networks are to be operated or the authorized services are to be provided,
d) the duration of the license, and
e) other requirements.
4. The Authority shall issue within the period specified in this Act or Regulations made under this Act a declaration that a person is authorized to operate the electronic communications network or provide the electronic communications service specified in the Class License.
5. The Authority may issue the declaration immediately after the registration if it considers it appropriate.
6. A person who has a Class License must notify the Authority of any change or inaccuracy in the information provided for the registration or any change in its operations that makes it ineligible for the Class License within fourteen days after the operator becomes aware of the occurrence.
OF OPERATORS OF ELECTRONIC COMMUNICATION NETWORKS AND COMMUNICATIONS SERVICE
1. A network operator or a service provider who is a holder of a Class License shall not use or permit another person to use or disclose confidential, personal or proprietary information of a user, another network operator or service provider without lawful authority unless the use or disclosure is necessary for
a) the operation of the network or service,
b) the billing and collection of charges,
c) the protection of the rights or property of the operator or provider, or
d) the protection of the users or other network operators or service providers from the fraudulent use of the network or service.
2. The Authority may authorise a network operator or service provider to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify.
FOR A FREQUENCY AUTHORIZATION style='font-family:
1. A person shall not use a spectrum for designated services without a frequency authorization granted by the Authority.
2. A person who wishes to use a spectrum shall apply to the Authority in the manner specified in Regulations.
3. The Authority may grant or refuse an application for frequency authorisations in accordance with policies and rules published by the Authority.
4. On the receipt, grant or refusal of an application for a frequency authorisation the Authority shall cause a notice to that effect to be published in the Gazette and on its website.
5. Where an application for frequency authorisation is refused, the Authority shall notify the applicant in writing within seven days after the refusal and give reasons for the refusal in the notice.
6. The terms of a frequency authorization may be accessed by the public at the office of the Authority and a copy or an extract of the terms may be obtained from the Authority, by a member of the public, on payment of the specified fee.
7. Where it appears to the Authority that the frequency authorization contains information relating to national security or other international obligations, the Authority may withhold that information from the public.
8. A frequency authorization shall be consistent with the spectrum plan established under this Act and Regulations and shall confer on the authorization holder the right to use a specified frequency band subject to the conditions set out in the frequency authorization.
9. The holder of a frequency authorization shall utilize only the spectrum granted for the service and shall do so in accordance with the terms of its licence.
10. The Authority shall not discriminate in the determination of frequency authorization.
REGARDING FREQUENCY AUTHORIZATION style='font-family:
1. A holder of a frequency authorization shall
a) pay the fees specified by the Authority,
b) strictly adhere to the authorized frequency band,
c) not assign the frequency authorization without the written approval of the Authority,
d) on a request made by the President and subject to the Constitution co-operate with the Government in matters of national security, and
e) observe the Regulations made under this Act and the conditions of the authorization.
2. A person who has a significant interest in the holder of a frequency authorization shall not sell, transfer, charge or otherwise dispose of that interest, or any part of that interest, unless that person gives the Authority at least thirty days’ notice in writing before the proposed transaction.
3. A holder of a frequency authorization shall not without at least thirty days’ notice to the Authority
a) cause, permit or acquiesce in a sale, transfer, charge or other disposition of a significant interest in the holder, or
b) issue or allot any shares or cause, permit or acquiesce in any other re-organisation of its share capital that results in
i. a person acquiring a significant interest in the holder, or
ii. a person who already has ‘a significant interest in the holder, increasing or decreasing the size of that interest.
4. The written approval of the Authority is not required where a sale, transfer, charge or other disposition is the result of an internal re-organisation of a body corporate and does not constitute ultimate transfer of control of a holder but the holder shall, as soon as is reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.
1. A frequency authorization shall contain conditions that relate to
a) the expiration of the frequency authorization and the time required for an application for renewal,
b) the duration of the authorization,
c) the circumstances under which the frequency authorization may be amended for force majeure, national security, changes in national legislation and implementation of international obligations and the public interest,
d) the use of the authorized frequency band,
e) the type of emission, power and other technical requirements for the radio-communication service, and
f) other matters that the Authority may specify for frequency authorization. ‘
TO OPERATE IN TERRITORIAL WATERS OR AIRSPACE
A ship or aircraft operating in the territorial waters or airspace of Ghana, which is not registered in the country is not required to have authorisation from the Authority for a radio-communication service if the service is operated under a valid authority or frequency authorization issued in another country in accordance with international agreements relating to radio-communication as regards ships or aircraft.
AND REVOCATION OF LICENSES AND FREQUENCY AUTHORIZATIONS
1. The Authority may suspend or revoke a licence or a frequency authorization where
a) the licence or the authorization holder has failed to comply materially with any of the provisions of this Act, Regulations or the terms and conditions of its licence or frequency authorization,
b) the licensee or the authorization holder has failed to comply materially with a lawful direction of the Authority,
c) the licensee or the authorization holder is in default of payment of a fee or other money charged or imposed in furtherance of this Act, the National Communications Authority Act, 2008 (Act 769) or Regulations.
d) the licensee ceases to
i. operate the public communications network,
ii. provide the public electronic communications service, or
iii. use the frequency band,
e) the suspension or revocation is necessary because of national security or is in the public interest, or
f) imposition of a fine under the Act will not be sufficient under the circumstances.
2. The Authority shall, before exercising the power of suspension or revocation under this section, give the licensee or the authorization holder thirty days’ notice in writing of its intention to do so and specify in the notice the grounds on which it proposes to suspend or revoke the licence or the frequency authorization.
3. Where the Authority decides to suspend or revoke a licence or authorization, the Authority shall give the licensee or authorization holder the opportunity
a) to present its views”
b) to remedy the breach which has occasioned the decision to suspend or revoke the licence, and
c) to submit to the Authority within the time specified by the Authority a written statement of objections to the suspension or revocation of the licence or the frequency authorization.
4. The suspension or revocation of a licence or a frequency authorization shall take effect on the date specified by the Authority in the notice under subsection (2).
5. Until the Authority suspends or revokes a license or authorization, the licensee or the authorization holder shall continue to operate and if the period of the license or the frequency authorization comes to an end before the decision by the Authority, an interim renewal of the license or the frequency authorization shall be granted on the same terms.
6. A licence shall be revoked on the making of a winding up order by the Court or the Registrar-General.
LICENCES AND FREQUENCY AUTHORIZATIONS
1. A licence or a frequency authorization may be amended by a written agreement between the licensee or the holder of the frequency authorization and the Authority, where
a) force majeure, national security considerations, change in national legislation or the implementation of an international obligation require the amendment, or
b) the Authority, on account of the public interest, decides that the amendment is necessary to achieve the objects of the Authority,
2. Where a licence or a frequency authorization is amended on grounds of national security the licensee or the authorization holder is entitled to compensation.
3. The Authority shall not amend a licence or frequency authorization if it has not given the licensee or authorization holder adequate advance notice in writing and in any case the notice shall not be given less than ninety days before the proposed amendment.
4. The Authority shall state in the notice the reasons for the amendment and the date on which the amendment takes effect, and shall give the licensee or the authorization holder the opportunity to present its views, and submit to the Authority a written statement of objections to the amendment which may include proposed alternatives to the amendment within the time specified by the Authority.
5. The Authority shall take into account the views and the written statement of the licensee before reaching a decision on the amendment.
6. A licensee or an authorization holder may request the Authority to amend its licence or frequency authorization.
Section 14 does not preclude the Authority from amending a licence or a frequency authorization without notice where there is, or there is likely to be, a risk to national security, or where immediate amendment is essential in the public interest.
RENEWAL OF LICENCE AND FREQUENCY AUTHORIZATION
1. The duration of a licence shall be stated in the licence.
2. Subject to subsection (3), on an application by the licensee or authorization holder, the Authority may renew a licence or frequency authorization granted under this Act.
3. An application for the renewal of a licence shall be refused if
a) the licensee or the authorization holder failed to comply materially with any of the provisions of this Act, Regulations or the terms and conditions of the licence or the frequency authorization,
b) the Authority is satisfied that the applicant will not comply with this Act, Regulations or the terms and conditions of the licence or the frequency authorization if the licence is renewed,
c) the licensee or the authoritativeness has failed to comply materially with any lawful direction of the Authority, or
d) in the case of an operator or service provider, the Authority determines that it is not in the public interest to renew the licence and gives the operator or service provider notice of the decision not less than three years before the expiration of the licence.
4. A licence which is of less than three years duration shall contain the period required for a notice under subsection (3) (d).
5. Subject to subsection (3) (d), the Authority shall give the licensee or the authorization holder advance notice of not less than thirty days of its intention not to renew the licence or frequency authorization.
6. The Authority shall state the grounds for its contemplated refusal of the renewal of a licence or authorization and shall give the licensee or the authorization holder the opportunity to present its views, and to submit to the Authority within the time specified by the Authority a written statement of objections to the refusal.
7. The Authority shall take into account the views and the written statement of the licensee or the authorization holder before reaching its final decision.
1. The Authority may set conditions to regulate the provision, content, promotion and marketing of premium rate services.
2. A service is a premium rate service if
a) there is a charge for the provision of the service,
b) the charge is required to be paid to the provider of the telecommunications service.
c) that charge is imposed for the use of the telecommunications service,
d) it has the contents of electronic communications transmitted by means of an electronic communications network, and
e) it allows the user of an electronic communications service to access a facility provided by that service to make a transmission.
3. A person provides a premium rate service if that person
a) provides the service described in subsection (2),
b) exercises editorial control over the contents of the service,
c) packages together the contents of the service for the purpose of facilitating its provision,
d) makes available a facility comprised in the service,
e) is the provider of an electronic communications service used for the provision of the service and is entitled under arrangements made with a provider of the service falling within paragraph (a) to (d), to retain some or all of the charges received in respect of the provision of the service or of the use of the electronic communications service,
f) is the provider of an electronic communications network
g) used to provide the service and an agreement relating to the use of the network for that service subsists between the provider of the network and a person who is a provider of the service falling within paragraph (a) to (d), and is the provider of an electronic communications network used to provide the service and the use of that network for the premium rate services, or of services that include or may include premium rate services, and is authorized by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the service by virtue of paragraph (e) or (f).
1. The Authority may grant a special licence where it determines that an emergency or other exigent circumstance exists.
2. A person who wishes to obtain a special licence shall apply to the Authority in the manner specified in Regulations made under this Act.
3. A special licence shall be for a duration determined by the Authority and may only be renewed in exceptional circumstances.
4. Directions for the reporting of information
a) The Authority may, by notice published in the Gazette and on its website, issue directions to service providers, network operators, or persons holding frequency authorization to make returns or furnish documents to the Authority for statistical or regulatory purposes.
b) The notice shall specify the period within which the returns are to be made or the documents furnished.
c) The directions may provide differently for different persons, circumstances or cases.
d) A service provider or network operator or a person holding a frequency authorisation that fails, within the period specified, to make a return or furnish documentation to the Authority in accordance with directions issued under subsection (1) commits an offence and is liable on summary conviction to a fine of not more than two thousand penalty units.
5. Where a person convicted of an offence fails to pay the fine,
6. The fine shall be treated as a civil debt and execution may be levied in accordance with the High Court (Civil Procedure Rules), 2004 (C.I.47).
1. A network operator shall in addition to the obligations contained in its licence or under this Act, provide interconnection of its electronic communications network with the network of another operator.
2. A service provider shall subject to the obligations contained in its licence or under this Act provide for the transmission ‘and routing of the services of other operators or service providers, at any technically feasible point specified by the Authority.
3. A request by a network operator to another network operator for interconnection shall be in writing, and responded to in writing within fourteen days after receipt.
4. A request for interconnection, transmission and routing of service may only be refused on reasonable technical or financial grounds which must be stated in writing.
5. The network operator or service provider shall
a) comply with guidelines and standards established by the Authority in Regulations or another relevant law to facilitate interconnection,
b) on request provide points of interconnection in addition to those offered. generally to other network operators or service providers, subject to rates that reflect the network operator’s or service provider’s total’ economic cost of constructing additional facilities necessary to satisfy the request,
c) provide the elements of interconnection to other network operators and service providers, in a manner that is at least equal in both quality and rates to that provided by that network operator or service provider to
i. its own business units,
ii. body corporate with which it is affiliated, or
iii. any other party to which the network operator or service provider provides interconnection and without regard to the types of users to be served, or the types of services to be provided, by the other operator or service provider,
d) promptly negotiate, on the request by another network operator or service provider, and endeavour to conclude, an agreement with regard to the charges and the technical and other terms and conditions for the elements of interconnection subject to paragraph (g),
e) submit to the Authority a copy of any agreement concluded under paragraph (d) within seven days after the conclusion to enable the Authority to determine whether the agreement complies with the guidelines established under this Act,
f) offer, on a non-discriminatory basis, the terms and conditions of an agreement concluded under paragraph (d) or required by a decision made under paragraph (g) to any other network operator or service provider seeking interconnection,
g) submit to the Authority for prompt resolution, and In accordance with procedures adopted by the Authority any dispute that may arise between the network operator or service provider and any other licensee as regards interconnection, including
i. denial of interconnection,
ii. failure to conclude an agreement promptly under paragraph (d), or
iii. disputes as to price and any technical, commercial or other term or condition for interconnection, and
h) be bound by a decision made by the Authority under paragraph (g).
6. The Authority shall promptly decide an interconnection dispute referred to it within fourteen days after the referral.
7. An interconnection agreement concluded under subection (3),
a) shall be made available for public scrutiny at the office of the Authority, or
b) may be reproduced by the Authority at the request of a member of the public on payment of the prescribed fee, but those parts of the agreement which in the opinion of the Authority contain the commercial strategy of the parties shall not be made available or be reproduced.
8. A network operator or service provider who has significant market power shall
a) disaggregate its network or its service or its network and service and on a cost-oriented basis specified by the Authority establish prices for its individual elements and offer the elements at the established prices to other operators and service providers,
b) publish, in the manner specified by the Authority the prices, technical, commercial and other terms and conditions pertaining to its offer for elements of interconnection, and
c) permit other network operators and service providers to have equal access to directory listing, operator services, directory assistance and directory listing without unreasonable delay, in accordance with requirements specified by the Authority.
9. Where a network operator or service provider who has significant market power fails to comply with its obligations, the Authority may notify the network operator of a deadline within which it has to comply and if the operator fails to comply within the deadline given, the Authority may apply to the High Court for an order to compel it to comply.
10. The Authority may classify a network operator or service provider as dominant if individually or jointly with others, that network operator or service provider enjoys a position of economic strength that enables it to behave to an appreciable extent ‘independently of competitors and users. :
11. In making the classification under subsection (10), the Authority shall take into consideration the relevant market, technology and market trend, the market share of the operator or service provider, the power of the operator or service provider to introduce and sustain a material price increase independently of competitors, the degree of differentiation among networks and services in the market, and any other matter that the Authority considers relevant.
12. Where an operator or service provider which is classified as dominant by the Authority considers that it has lost its dominance with respect to a network or service, it may apply to the Authority to be classified as non-dominant and if the Authority grants the application, the applicable licence shall be amended to reflect the classification,
13. The Authority may only classify or declassify a network operator or service provider as dominant, if it first publishes the intention to do so in the Gazette and on its website.
FACILITIES AND INTERNATIONAL TRANSMISSION CAPACITY
Access to facilities and public rights of way
1. An operator shall give access to other operators who request access to the facilities or public rights of way or statutory way leaves that it owns or controls on a timely basis
2. Where, a network operator requests the use by Its network of a utility installation owned by a public utility it shall have the right to use the installation in accordance with this section and where any public utility requests the use of facilities of a network operator, the public utility shall have the rights of the network operator under this section.
3. Access to facilities and utility installations shall be negotiated between or among network operators and public utilities on a non-dis-criminatory and equitable basis and charges payable shall be determined on a cost-sharing basis.
4. At the request of the parties, the Authority may assist in negotiating an agreement between them.
5. A network operator or public utility may deny access to a facility or utility installation only where it demonstrates that the facility or utility installation has insufficient capacity, taking into account its reasonably anticipated requirements, or where there are reasons of safety, security, reliability or difficulty of a technical or engineering nature.
6. The Authority may regulate the rates, terms and conditions for access to a facility or utility installation, and shall ensure that the rates, terms and conditions are just and reasonable and to the greatest extent possible, based on a cost-sharing formula. .
7. In carrying out its functions under this section, the Authority may adopt necessary and appropriate procedures to resolve disputes concerning the rates, terms and conditions.
8. The owner of a shared facility shall be responsible for the maintenance of the facility and the responsibility for the connection and engineering of other occupiers equipment shall be by agreement of the parties.
9. Under this section, access to facilities does not include interconnection.
INTERNATIONAL TRANSMISSION CAPACITY
Access to international transmission capacity shall be made available to all service providers in a cost-based, transparent, and non-discriminatory manner determined by the Authority.
SERVICE, UNIVERSAL ACCESS AND TARIFFS
1. The Authority shall determine the public telecommunications services in respect of which the requirement of universal service shall apply, taking into account the needs of the public, affordability of the service and advances in technologies.
2. Universal service includes, at a minimum, a high quality public telephone service, that offers
a) a free telephone directory for subscribers of the service,
b) operator assisted information service,
c) free access to emergency number information,
d) telecommunications services, and provision of services that enable persons with disability to make and receive calls.
3. The Authority shall determine
a) the manner in which a public telecommunications service is provided and funded in order to meet the requirements of universal service, and the obligations,’ if any, of the providers and users of the service.
b) The Authority may require providers of private electronic communications services, closed user group services and value added services, and the users of these services and of any other electronic communications services to contribute to the funding of universal service with the approval of the Minister.
c) A public electronic communications service that offers universal service shall not terminate its service to the public without first obtaining written approval from the Authority.
1. Universal access includes
a) access, through broad geographic coverage, to community based broadband information and communication services that include voice, data services, access to the internet, local relevant content, community radio and Government services, that are affordable and of high quality,
b) signal coverage of mobile and broadcast networks throughout remote regions, and
c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle institutions, community colleges, universities, community health facilities, hospitals, telecentres and any other public or private community centres.
2. In accordance with the policy established by the Minister, the Authority shall determine
a) the manner in which universal access shall be provided, and
b) the obligations, if any, of the providers and users of the service.
3. The Authority may, with the approval of the Minister, require a provider of a private electronic communications service, closed user group service or value added service, and the users of these services and of any other electronic communications service to contribute to the funding of universal access.
4. The obligation to provide and contribute to the funding of universal access shall be determined in a transparent manner and on a non-discriminatory basis between similarly situated providers of electronic communications services and users.
1. Tariffs for electronic communications services, except those which are regulated by the Authority under this section shall be determined by service providers in accordance with the principles of supply and demand.
2. The Authority may establish price regulation regimes, which may include the setting, review and approval of prices by Regulation, where
a) there is only one network operator or service provider or one network operator or service provider that has significant market power,
b) a sole network operator or service provider or a network operator or service provider with significant market power and cross-subsidises another electronic communications network or service,
c) the Authority detects anti-competitive pricing or acts of unfair competition.
3. A service provider shall provide rates that are fair and reasonable and shall not discriminate among similarly situated persons, including the service provider and anybody corporate with which it is affiliated except as otherwise provided in this Act.
4. The Authority may prescribe a method to regulate the cost of the service for any public electronic communications service in which a service provider is dominant by establishing a ceiling on the cost, or by other methods that it considers appropriate.
5. A service provider shall publish the prices, terms and conditions for its public electronic communications services at the times and in the manner that the Authority shall specify and the prices, terms and conditions shall, be the lawful prices, terms and conditions for the services subject to this Act and the conditions of the licence.
Duty to carry out consumer research
1. The Authority shall periodically ascertain public opinion on the performance of service providers and network operators.
2. The Authority shall
a) publish the results of research that it carriers out or that is carried out on its behalf on its website and in any other manner that it considers appropriate to bring the results to the attention of the public, and
b) take account of the results of the research in performing its functions.
1. The Authority shall establish and maintain effective arrangements for consultation with consumers on the performance of its functions.
2. The Authority shall create a mechanism for dealing with complaints or concerns of consumers of telecommunication services and shall bring the complaints or concerns to the attention of network operators and service providers.
ESTABLISH A CONSUMER CODE
1. The Authority shall, prepare a Consumer Code on its own or in conjunction with the Industry Forum which shall include procedures for
a) reasonably meeting consumer requirements,
b) the handling of customer complaints and disputes and for the compensation of customers in case of a breach of the Consumer Code, and the protection of consumer information
2. The Consumer Code may provide for
a) the provision of information to customers on services, rates and performance,
b) the provision of technical support to customers and repair of faults,
c) advertisement of services, and
d) customer charging, billing, collection and credit practices.
3. The Consumer Code shall be published on the website of the Authority.
Establishment of Industry Forum
1. There is established under this Act, an Industry Forum which is a platform that periodically brings the industry together to discuss matters of common interest to the industry.
2. The Authority may designate a body by notice within the industry to be the facilitator for the Forum if the Authority is satisfied that the body
a) is capable of performing the function required under this section,
b) has the administrative capacity to facilitate the Forum, and
c) has agreed in writing to be the facilitator for the forum.
3. A network operator, service provider or an electronic communications equipment manufacturer or dealer may participate in the activities of the Forum.
4. The Authority may decide that a body that was previously designated to be the facilitator for the Forum shall no longer be the facilitator if the Authority is satisfied that the body has ceased to meet the requirements set out in subsection (2).
5. A designation or withdrawal of designation under this section shall take effect from the time specified by the Authority.
6. Until the Authority designates a facilitator, the Authority shall facilitate the meetings of the Forum.
7. The Minister and the Authority shall participate in the Forum as observers.
1. An Industry Forum may on its own initiative, or upon request by the Authority, prepare a voluntary industry code to deal with a matter provided for in this Act.
2. The code is not effective until it is registered by the Authority.
3. The Authority shall register a voluntary industry code if it is consistent with
a) the objects of the Authority,
b) Regulations, standards and guidelines made under this Act, and the provisions of this Act which are relevant to the particular matter or activity.
4. The Authority may refuse to register a code if the Authority is satisfied that sufficient opportunity for public consultation has not been given in the development of the code by the Forum.
5. If registration of the code is refused, the Authority shall notify the Forum in writing and provide the reasons for the refusal within thirty days of the refusal.
6. If the Authority fails to register a code within thirty days after the date that the code was submitted for registration, and does not give the Forum notice of its refusal to register the code and the reasons for the refusal within the required period the Authority shall be deemed to have registered the code.
INVESTMENT FUND FOR ELECTRONIC COMMUNICATIONS
Establishment of the Fund
There is established a Fund known as the Ghana Investment
Object of the Fund
The object of the Fund is to provide financial resources for the establishment of universal service and access for all communities, and facilitate the provision of basic telephony, internet service, multimedia service, broadband and broadcasting services to these communities.
MONEY FOR THE FUND
The sources of money for the Fund are
a) contributions from operators and service providers as stipulated in their respective licences, or authorisations,
b) moneys provided by Parliament to the Fund,
c) moneys that may accrue to the Fund from investments made by the Trustees of the Fund,
d) donations, grants and gifts, and any other money that may become lawfully payable to the Fund.
OF THE BOARD OF THE TRUSTEES style='font-family:
1. The Fund shall be administered and managed by a Board of Trustees that comprises;a chairperson, the administrator of the Fund, a representative of the National Communications Authority nominated by the Authority, a member of the Parliamentary Select Committee on Communications nominated by that Committee, a representative of the Ministry of Communications nominated by the Minister, and five representatives elected by the Industry Forum.
2. The Trustees shall be appointed by the President in accordance with article 70 of the Constitution.
THE BOARD OF TRUSTEES
In furtherance of the management of the Fund the Trustees shall
a) pursue policies to achieve the object of the Fund;
b) collect or arrange to be collected moneys lawfully due the Fund;
c) account for the moneys in the Fund;
d) determine procedures for disbursement of the Fund and disburse the Fund;
e) monitor the utilization of moneys disbursed by the Fund;
f) invest the moneys of the Fund in safe securities that the
g) Board considers financially beneficial to the Fund; and perform any other function incidental to the achievement of the object of the Fund.
OFFICE OF TRUSTEES
1. A Trustee excluding the Administrator shall hold office for a period not exceeding four years and is eligible for re-appointment but a Trustee shall not be appointed for more than two terms.
2. Where a Trustee resigns, dies, is removed from office or is for a reasonable cause unable to act as a Trustee, the Minister shall notify the President of the vacancy and the President shall, acting on the advice of the nominating authority and in consultation with the Council of State appoint another person to hold office for the unexpired portion of the Trustee’s term of office.
3. A Trustee may at any time resign from office in writing addressed to the President through the Minister.
4. Trustee who is absent from three consecutive meetings of the Board of Trustees without reasonable cause ceases to be a Trustee.
5. The President may by letter addressed to a Trustee revoke the appointment of that Trustee.
1. The Trustees shall meet at least once every two months for the dispatch of business at the times and in the places determined by the chairperson.
2. The chairperson shall at the request in writing of not less than one-third of the Trustees convene an extra ordinary meeting of the Trustees at the place and time determined by the chairperson.
3. The quorum at a meeting of the Trustees is six Trustees or a greater number determined by the Trustees in respect of an important matter.
4. The chairperson shall preside at meetings of the Trustees and in the absence of the chairperson, a Trustees elected by the Trustees present from among their number shall preside.
5. Matters for decision by the Board of Trustees shall be decided by a majority of the Trustees present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
6. The Trustees may co-opt a person to attend a Trustees’ meeting but ‘that person shall not vote on a matter for decision at the meeting.
7. The proceedings of the Board of Trustees shall not be invalidated because of a vacancy among the Trustees or a defect in the appointment or qualification of a Trustee.
8. Subject to this section, the Trustees may determine the procedure for their meetings.
1. A Trustee who has an interest in a matter for consideration by the Board of Trustees shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Trustees in respect of that matter.
2. A Trustee who contravenes subsection (1) ceases to be a Trustee.
The Trustees may establish committees consisting of Trustees or non-Trustees or both to perform a function.
The Trustees and members of a committee of the Trustees shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.
The Minister may give directives to the Trustees on matters of policy and the Trustees shall comply.
OF THE ADMINISTRATOR
1. The President shall in accordance with article 195 of the Constitution appoint a Chief Executive of the Fund who shall be known as the Administrator.
2. The Administrator shall subject to the directives of the Trustees, be responsible for the day-to-day management and administration of the Fund.
3. The Administrator shall hold office on the terms and conditions specified in the letter of appointment.
1. The Fund shall have other staff and employees that the Trustees determine are necessary for the proper and effective performance of its functions
2. The President shall in accordance with article 195 of the Constitution appoint the other officers and staff of the Fund.
3. The Trustees may engage the service of consultants and advisors as they consider necessary for the effective performance of the functions of the Fund.
FOR THE FUND
1. Moneys of the Fund shall be paid into bank accounts opened by the Trustees for the Fund.
2. Contributing operators shall pay their contributions directly into the account of the Fund upon verification by the Authority.
1. Disbursements from the Fund shall be solely in the form of start-up funds to provide basic communications and internet services in rural areas and shall mainly take the form of non-commercial but competitive grants.
2. The disbursement of funds
a) for public telephony projects shall be by open tender,
b) for internet point-of-presence and training contracts shall be by open tender,
c) for applications related to rural areas, which do not have services and are seeking amounts less than the cedi equivalent of US$50,OOO shall be by direct disbursements.
3. The Trustees shall ensure that disbursement are in accordance with approved programs and order of priority of the Fund.
4. The operational expenses including administrative expenses, salaries and other expenses incidental to the operation of the Fund shall be charged to the Fund.
5. Where there are differences between the established procedures of the Trustees and those proposed by a donor or development partner, appropriate measures may be taken to ensure that the primary goals are maintained.
1. Projects for which moneys from the Fund are disbursed shall satisfy the criteria laid out in the order of priority.
2. The order of priority for support by the Fund is as follows:
a) projects that are established to provide basic telephony service to rural areas;
b) projects for the establishment of access to value-added services including introduction of internet points-of-presence in a district; and
c) other projects that the Minister may designate as priority projects.
1. The Trustees shall keep books of account and proper records in relation to them in the form approved by the Auditor-General.
2. The Trustees shall submit the accounts of the Fund to the Auditor-General for audit-within three months after the end of the financial year.
3. The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister.
4. The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Act.
5. The financial year of the Fund shall be the same as the financial year of the Government.
AND OTHER REPORTS
1. The Trustees shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Fund for the year to which the report relates.
2. The annual report shall include the report of the Auditor-General.
3. The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
4. The Trustees shall also submit to the Minister any other reports which the Minister may require in writing.
1. Access to frequency spectrum
2. The Authority shall cater for rural communication services in its role as manager of the radio spectrum resource but shall take into consideration the freedom of choice of technology by the network operator.
3. The Trustees may recommend the waiver of part of the frequency fees for the provision of rural service to the Authority.
4. The Trustees may not dictate the choice of technology or methodology but may encourage network operators to use current or state-of-the-art technology.
RURAL COMMUNICATION SERVICE
1. The Trustees may make recommendations to the Authority as regards tariff re balancing as well as initiation and termination costs in relation to rural communication services.
2. The Authority shall ensure that the principle of special interconnect applies to agreements for the provision of rural telecommunications services.
3. Calls to rural areas shall not be priced higher as a result of a special interconnection agreement.
1. Projects that are subsidized by the Fund shall be independently monitored and evaluated on an on-going basis to ensure that universal access targets are met.
2. A project subsidized by the Fund shall have reporting requirements.
1. The following performance indicators shall be used to evaluate the Fund:
a) the growth in the number of districts that have access to basic telecommunication services;
b) the growth in the number of districts that have internet points-of-presence;
c) the growth in the number of vanguard schools or institutions that have been established;
d) the growth in the number of people trained at the vanguard schools or institutions;
e) the quality and quantity of programs undertaken in the areas of content creation and information communication technology awareness;
f) the overall sustainability and profitability of the Fund supported programs;
g) and the socio-economic impact of the Fund supported programs in the communities.
2. The Trustees shall advise the Minister on the most appropriate policy for rural communications development through the Authority.
3. The policy shall be reviewed at two year intervals to take into account technological changes and to ensure that its provisions remain relevant.
4. The Trustees shall be responsible for initiating a review and reform of the policy.
The Fund is exempt from the payment of tax.
AND ACCESS TO LANDS
1. A network operator may in connection with its operations install or maintain a facility, and remove a facility in or over a road or public ground, or on the shore or the bed of the sea, in accordance with the regulations of the Town and Country Planning Department, the Land (Statutory Wayleaves) Act, 1963 (Act 186) and any other relevant law.
2. A network operator shall before carrying out road works under subsection (1),
a) obtain from the relevant authorities plans showing the utility installations that might be affected,
b) submit detailed plans of the intended road works to each utility installation owner likely to be affected by the works,
c) first obtain written permission from the affected utility installation owner for road works that might affect a utility installation,
d) notify the Authority of intended road works, and obtain an environmental clearance certificate from the Environmental Protection Agency.
3. Where a network operator fails to obtain the permission of a utility installation owner under subsection (2) (c), and there is a dispute, the Authority shall resolve the dispute .
4. The Authority on receipt of a notice under subsection (2) (d), shall notify other operators or public utilities of the intended road works and inquire whether they have an intention to undertake similar road works.
5. Before carrying out road works, a network operator shall publish a description of the works in both electronic and print media in the locality in which the road works are to be carried out and shall inform affected persons by a means specified by the Authority.
6. Road works shall not commence until after the expiration of fourteen days from the date of the receipt of the permission and the environmental clearance certificate.
7. The licensee may with the approval of the Authority dispense with the requirement set out in subsection (6) in the event of an emergency.
8. A network operator may dispense with the requirement of subsection (2(c) where the Authority certifies in writing that the intended road works are necessitated by an emergency.
9. A network operator or public utility notified under subsection(4) shall not carry out road works within three months after the receipt of the notice except where the network operator or public utility proves to the satisfaction of the Authority the necessity of carrying out emergency works.
10. The network operator shall carry out the removal or alteration of utility installation and where the affected utility installation owner carries out the removal or alteration, the cost shall be borne by the network operator
1. Where a network operator damages a utility installation in the process of carrying out road works, the operator shall immediately notify the utility installation owner and repair the damage to the utility installation within two weeks and the costs arising from the repairs shall be borne by the network operator.
2. A network operator shall, complete road works and restore the road and public grounds, including the removal of debris, to the satisfaction of the relevant authority as quickly as possible and within two weeks after completion of the road works.
3. A network operator which fails to comply with subsection (2) is liable for the expenditure incurred in the restoration of the road and public grounds and for any other loss caused to another person.
LANDS FOR INSPECTION AND MAINTENANCE
1. An operator duly authorized in writing by the relevant authority may, at any reasonable time, enter and survey public land in order to ascertain whether the land is suitable for the operation of the operator’s electronic communications network.
2. Where, in the exercise of the power conferred by this section, damage is caused to land or to chattels, or a person is disturbed in the enjoyment of land or chattel, the operator shall make good the damage or pay compensation for the damage to or disturbance of the person whose interest in the land or chattels has been affected.
3. An operator in the inspection of land, installation of facilities, or maintenance of facilities shall
a) act in accordance with good engineering practice,
b) protect the environment,
c) protect the safety of persons and property, and
d) ensure that the activity as far as practicable does not interfere with the operations of a public utility, road, path, the movement of traffic, or the use of public grounds.
OF FACILITIES ON PRIVATE LAND OR BUILDINGS
1. An operator may install and maintain facilities along, on or over land or in a building and may enter any land or place, maintain a facility and repair or renew a facility on that land or place.
2. A network operator who wishes to install a facility on private land or building shall.
a) obtain the permission of the landowner, and pay compensation to the landowner for the access to the land.
3. In furtherance of the installation,
a) a network operator may lop or trim a tree that in its opinion is likely to damage or obstruct its facility.
b) shall avoid causing damage to property or a person and shall pay full compensation for any damage sustained by any person because of the installation, and shall not place a facility on private land or in a building in manner that interferes with or obstructs any business or cultivation on adjoining land or the use of adjoining land by the occupier of that land, or lop or trim a tree on the land, if it has not given at least fourteen days written notice to the owner or occupier of the adjoining land or building, specifying the work to be done and advising the owner or occupier of that owner’s or occupier’s right to give notice of an objection to the Authority.
4. An owner or occupier or the agent of an owner or occupier of land or building who receives notice of a network operator’s intention to place a facility on the land or building may within fourteen days after receipt of the notice object to the notice by writing to the Authority and the operator shall not proceed with the work or the part that is objected to until authorized by the Authority to do so.
5. Where there is disagreement over the amount of compensation to which a landowner is entitled or where there is a dispute relating to the installation or maintenance of a facility on or over land or in a building, the matter shall be referred to the Authority.
6. A network operator shall, to the extent feasible, provide access to its facilities to other network operators in accordance with section 20 and shall co-ordinate its installation or maintenance of facilities on or over private land or in a private building with other operators.
7. The rights of an owner of land or property under this section does not limit any other rights or reliefs that the owner has at law.
1. The Authority shall control, plan, administer, manage and license the radio frequency spectrum for telecommunication.
2. The Authority shall comply with the applicable standards and requirements of the International Telecommunication Union and its Radio Regulations, as agreed to or adopted by the Republic in controlling, planning, administering, managing and licensing the use of the radio frequency spectrum.
3. The Authority shall allocate the uses of the spectrum of the electronic communications sector in a manner that promotes the economic and orderly utilization of frequencies by electronic communications networks and services.
4. The Authority shall, in co-operation and consultation with the users of the spectrum in the electronic communications sector in the country, develop and adopt a spectrum plan for the allocation of the uses of the spectrum.
5. The Authority shall consult bilaterally, regionally and internationally in developing the spectrum plan and in the co-ordination of the use of frequencies.
6. The Authority shall make, the spectrum plan available to a member of the public if that member pays the fee specified by the Authority.
7. The spectrum plan shall state how the spectrum shall be used and the procedures that the Authority is to use to determine an application for authorization to use a frequency band for telecommunication services.
8. The procedure referred to in subsection (3) may include granting the authorization for the use of the frequency band through auction, through tender, at a fixed price, or based on stated criteria.
Spectrum Management Committee
1. There is established by this Act a Spectrum Management Committee which is a technical committee of the Authority.
2. The Spectrum Management Committee is subject to section 58 responsible for the allocation of frequency bands to electronic communication operators or service providers in the country.
3. The Committee consists of the Director-General of the Authority, the representative of the National Security Council on the Board of the Authority, one representative of: the Civil Aviation Authority, the Centre for Scientific and Industrial Research, the public universities, the National Maritime Authority, and the National Media Commission.
1. Subject to subsection (2) and despite any frequency authorization granted by the Authority, the Authority may, in accordance with the spectrum plan, allocate and reallocate a frequency band.
2. The Authority shall give priority to the needs of the Government in respect of matters of national security in the allocation and re-allocation of a frequency band.
3. The Authority may terminate a frequency authorization if the authorization holder refuses to migrate to the new technology as a result of change of technology.
for allocation of frequency
1. The Authority in performing its functions under sections 58, 59 and 60 shall take into account
a) the impact of the spectrum plan on existing and future use,
b) the efficient use of the spectrum,
c) any applicable regional agreements, standards and arrangement,
d) any applicable international standards, International Telecommunication Union Treaties and other international agreement, and
e) any other relevant matters having regard to the circumstances of the case.
The Authority may operate frequency monitoring stations to monitor the use of the frequency spectrum, and carry out a technical function necessary for fulfilling the requirements of the
Radio Regulations of the International Telecommunication Union. .
1. A person shall not operate a facility, terminal equipment or other equipment in a manner that is likely to cause harmful interference except as is necessary on the grounds of national security.
2. Where the Authority is of the opinion that the use of a facility, terminal or other equipment is likely to cause or has caused or is causing harmful interference, the Authority may
a) serve notice on the person in possession of the facility, terminal equipment or other equipment requiring that person to cease the use of the facility, terminal or equipment within seven days from the date of service of the notice, or
b) impose limits as to when the facility, terminal, equipment or other equipment may be used, and whether or not reasonable steps have been taken to minimize the interference
The Authority shall ensure that access to the space segment is made available on a non-discriminatory and equitable basis in allocating frequency bands for electronic communications services that use satellite systems.
Electronic Communications Numbering Plan
The establishment of the National Electronic Communication Numbering Plan
1. The Authority shall establish, control, and manage a National Electronic Communication Numbering Plan for network and application services.
2. The plan may set out for network and applications services conditions which include
a) the use of different numbers for different kinds of service including emergency services,
b) the assignment of numbers,
c) the transfer of assigned numbers,
d) the use of assigned numbers,
e) requirements for network service providers and application service providers to maintain a plan to assign and reassign numbers,
f) the portability of assigned numbers, and
g) the rates which may be imposed by the Authority for the assignment and transfer of numbers.
3. The Authority shall publish in the Gazette the National Telecommunications Numbering Plan which shall specify
a) the numbers that the Authority has determined to be available for allocation as telephone numbers,
b) restrictions that the Authority considers appropriate for the adoption of numbers available for allocation in accordance with the plan, and
c) restrictions that the Authority considers appropriate for all other uses to which numbers available for allocation in accordance with the plan may be put.
4. The Authority shall periodically but in any case within two years review the National Telecommunications Numbering Plan.
5. Subject to subsection (3), the Authority shall publish the plan on its website and in any other manner that appears to the Authority to be appropriate to bring the contents of the plan to the attention of the general public.
6. The plan shall be subject to the approval of the Minister and the Minister shall give or refuse approval of the plan within seven days after the submission of the plan to the Minister.
7. The Minister may direct the exclusion from the plan of numbers that the Minister considers inappropriate for use as telephone numbers.
equipment and technical standards
1. Terminal equipment
a) Any terminal equipment sold or otherwise provided in this country may be connected to a public electronic communications network if the Authority certifies that the terminal equipment is safe for the user,
b) is in compliance with international standards, and environmental, health and safety standards including standards for electromagnetic radiation and emissions,
c) meets the requirements of electromagnetic compatibility provisions of international treaties relating to electronic communications,
d) does not pose a risk of physical harm to the network,
e) effectively utilizes the electromagnetic spectrum and prevents interference between satellite and terrestrial-based systems and between terrestrial systems, and
f) it is compatible with the network.
2. The Authority, in certifying terminal equipment under subsection (1), may recognize similar approvals from other jurisdictions that it may specify.
3. Terminal equipment certified under this section shall bear labels or other markings determined by the Authority.
4. The Authority may regulate, prohibit the sale or other distribution or connection of terminal equipment or other device that is provided in the country primarily for the purposes of circumventing, or facilitating the circumvention of a requirement of this Act.
5. After the commencement of this Act, the Authority shall, as soon as reasonably practicable, specify the means by which terminal equipment and other accessories shall be provided and charged to users separately for the provision of public electronic communications services.
1. Licensees and authorization holders may implement technical standards that they consider appropriate and which are in conformity with accepted international standards.
2. Despite subsection (1), the Authority may identify, adopt or establish preferred technical standards in Regulations or where necessary, require conformity to a stated standard.
1. Power to request information
2. The Authority may require a licensee, special licensee, authorization holder or any other person, to supply information, including specific answers to questions submitted to the licensee, special licensee, authorization holder or that other person, concerning
a) an electronic communications network,
b) the use of the spectrum for which the license, special license or the frequency authorization has been granted,
c) the operation of equipment or works carried out in relation to the network,
d) the use of the licensee’s or special licensee’s electronic communications network or service,
e) operational and financial information, or
f) other information the Authority may consider relevant.
1. The Authority shall determine whether terminal equipment or any other equipment fulfils the criteria stipulated in this Act or Regulations in order to certify or approve the terminal equipment or other equipment to be installed or used for the network or service of
a) a public electronic communications network,
b) a public electronic communications service, or a broadcasting service.
2. In order to make the determination the Authority may require that the equipment be tested in a manner that it may specify.
3. The Authority may waive the requirement for testing after consultation with the licensee, special licensee or authorization holder, if it satisfied that the equipment has been certified in accordance with international standards.
A test under section 69 shall be conducted in accordance with international standards and other standards prescribed by the Authority in Regulations.
1. An authorized officer of the Authority may enter a place, vehicle, vessel, aircraft, or other contrivance from which electronic communications network or service is operated or provided, or from which a person is using a spectrum for telecommunications at a reasonable time and
a) test equipment or an article found in the place, vehicle, vessel, aircraft or other contrivance which is used or intended to be used to operate an electronic communications network, provide electronic communications service or which uses a spectrum,
b) examine the records or other documents related to the operation of the electronic communications network, the provision of the electronic communications service or the use of the spectrum,
c) search for equipment, articles, books, records or documents that may provide evidence of contravention of this Act or of Regulations, or breach of a condition of the license or frequency authorization where necessary with the assistance of any other person authorized for the purpose by the Authority,
d) require the owner or person in charge of the place, vehicle, vessel, aircraft, or other contrivance to give the authorized officer the reasonable assistance required for the examination or search of the place, vehicle, vessel, aircraft or other contrivance, and
e) seize and take away equipment, articles, books, records or documents if it appears that there has been a contravention of this Act or of any Regulation or a breach of condition of license or frequency authorization, and lodge the items seized with the Authority.
2. In furtherance of subsection (1), the personnel of the Authority may be accompanied by a police officer.
3. A licensee or authorization holder shall produce the license or frequency authorization for inspection on request by an authorized officer of the Authority.
powers of the Authority
1. The Authority may in furtherance of its functions
a) require the production of a document and information by a licensee,
b) apply to a District Magistrate for a warrant authorizing the Authority or any other person named in the warrant
i. to search premises and to break open and search any cupboard, drawer, container or other receptacle, whether a fixture or not, in the premises, and
ii. to take possession of, or secure against interference, any book which appears to be a book which the Authority has asked to be produced, if the Authority has reasonable grounds to believe that a document it has requested to be produced is on any premises but has not been produced,
c) require attendance and examination of a witness,
d) issue restraining orders in the “event of a breach of a condition of a license,
e) impose a pecuniary penalty on a licensee for breach of a condition of a license, and
f) assess and award damages to be paid by a licensee to a third party injured as a result of the breach by the licensee of the license conditions.
2. The powers conferred under subsection (1) are in addition to,and not in derogation of, any other powers conferred by the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) that relate to the search of premises.
3. In this section “premises’ includes any structure, building, place, aircraft, vehicle or vessel.
4. The Authority shall specify by periodic notices in the Gazette and on its website the circumstances under which a pecuniary penalty and other penalties may be imposed and the basis on which they may be calculated.
1. A person who
a) knowingly fails to comply with or acts in contravention of this Act,
b) knowingly fails to comply with prescribed standards and requirements for the use of radio spectrum,
c) provides electronic communications service without a license where a license is required for that service, knowingly uses equipment in a manner that causes harmful interference,
d) knowingly obstructs or interferes with the sending, transmission, delivery or reception of communication,
e) intercepts or procures another person to intercept, without the authorization of the provider or user, or a court order, or otherwise obtains or procures another person to obtain, unlawful access to communication transmitted over electronic communications network,
f) uses, or attempts to use, the content of any communication, knowing or having reason to believe that the content was obtained through unlawful interception or access under paragraph (e),
g) is not the sender or intended recipient of a transmitted message or data but who interferes with, alters or modifies, diverts,
h) unlawfully discloses or decodes the transmitted message or data, or facilitates the commission of these act,
i) steals a transmitted message or data,
j) sells, or manufactures any system, equipment, card, plate or other device, or offers for sale, produces, distributes electronic communication service, without license, or
k) wilfully obstructs, hinders, molests or assaults personnel of the Authority duly engaged in the exercise of power conferred on the Authority under this Act or the National Communications Authority Act, 2008 (Act 769),
l) commits an offence and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or to both.
2. Where an offence is committed by a corporate entity that entity is liable to a fine of not more than nine thousand penalty units and each director of that entity shall be deemed to have committed the offence.
3. Despite subsection (1), the Authority may, where a person has breached this Act, or Regulations or where a licensee, a special licensee or an authorization holder has breached a condition contained in its license, special license or frequency authorization
a) warn the person, licensee, special licensee or authorization holder,
b) issue a cease and desist order,
c) apply to the High Court for
i. an injunction to restrain the person, licensee, special licensee or authorization holder from continuing the breach, or
ii. other appropriate order to enforce compliance with this Act,
d) propose amendments to the license or frequency authorization in accordance with this Act,
e) suspend or terminate the license or frequency authorization in accordance with this Act,
f) or take any other action that it considers appropriate and that is not contrary to this Act or the National Communications Authority Act, 2008 (Act 769).
4. Despite subsection (1), a network operator or service provider may intercept any communication that is transmitted over its network or service,
a) if the interception is required to
i. install, maintain or test equipment used or intended for use in the operation of the network or the provision of the service,
ii. monitor the network or service quality,
iii. bill and collect charges from the sender or recipient of the communication,
iv. protect the network or service from harm,
v. protect users, or
vi. protect other network operators or service providers from the fraudulent use of their networks or services,
b) in furtherance of a Court order, or
c) in compliance with an executive instrument issued by the President.
A person who knowingly gives false or misleading information to the Authority commits an offence and is liable on summary conviction to a fine of not more than one thousand penalty units or to a term of imprisonment of not more than three years or to both.
A person who knowingly transmits or circulates false or deceptive distress, safety or identification signals commits an offence and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or both.
1. A person who by means of electronic communications service, knowingly sends a communication which is false or misleading and likely to prejudice the efficiency of life saving service or to endanger the safety of any person, ship, aircraft, vessel or vehicle commits an offence and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or both.
2. A person is taken to know that a communication is false or misleading if that person did not take reasonable steps to find out whether the communication was false, misleading, reckless or fraudulent.
3. Subsection (2) does not apply to the operator or provider of a network or service over which a communication is sent.
A person who
a) recklessly, maliciously or negligently damages, removes or destroys a facility, or
b) recklessly, intentionally or negligently interferes with, causes damage to, or accesses without authorization a computer, switch or other facility used in connection with the operation or provision of electronic communications network or service, commits an offence, and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or both.
Without limits to the rights that a person may have at law, a person convicted of an offence under this Act is liable for the expenses reasonably incurred in the repair, restoration or replacement of a computer, switch or other facility damaged, removed or destroyed by that person and the expenses are recoverable as a civil debt.
and disclosure of personal information
A person who intentionally discloses communication which that person knows was obtained in contravention of this Act, or uses or discloses personal information in contravention of this Act, commits an offence and is liable on summary conviction to a fine of not more than one thousand five hundred penalty units or to a term of imprisonment of not more than four years or both.
1. A person commits an offence if that person
a) changes a unique device identifier, or
b) interferes with the operation of a unique device identifier.
2. For the purposes of this section a unique device identifier is an electronic equipment identifier which is unique to a mobile wireless communications device.
3. A person does not commit an offence under this section if that person
a) is the manufacturer of the device, or
b) does an act mentioned in subsection (1) with the written consent of the manufacturer of the device.
4. A person who commits an offence under this section is liable on summary conviction to a fine of not more than three thousand penalty units or a term of imprisonment of not more than five years or both.
supply of a device for re-programming purposes
1. A person commits an offence if
a) that person has custody or control of a device which may be used to change or interfere with the operation of a unique device identifier, and there is reason to believe that that person intends to use the implement or device for an unlawful purpose or to allow it to be used for an unlawful purpose.
2. A person commits on offence if that person
a) supplies or offers to supply an implement or device which may be used for the purpose of changing or interfering with the operation of a unique device identifier, and
b) ought to know that the person to whom the offer to supply the implement or device is made intends to use it unlawfully or to allow it to be used unlawfully.
3. A person who commits an offence under this section is liable on summary conviction, to a fine of not more than one hundred and twenty-five penalty units or to imprisonment for a term of not more than six months or both.
1. The Authority may charge fees for
a) an individual license, class license, special license or frequency authorization or renewal, and
b) a document that it makes available to a member of the public or any service that it provides.
2. Except as provided under this section, fees charged by the Authority shall be commensurate with the cost of
a) carrying out the functions of the Authority under this Act,
b) administering the license, special license or frequency authorization, and
c) providing the service for which the fee is charged.
3. The fee for an individual license may also be commensurate with the economic value of the license.
4. Where the cost of a license fee may be a deterrent to rapid investment or development, the Authority may waive the fee or impose only a nominal fee for specialized operators serving rural and low income communities or implementing development objectives consistent with national policy.
5. The fees shall be published in the Gazette and on the website of the Authority.
into the Fund to be recovered
A fee, penalty or other levy payable to the Authority under this Act, if not paid within the stipulated time, shall become a civil debt and may be recovered by the Authority in the same manner as a judgment of the High Court. .
Authority to establish a dispute resolution process
1. The Authority shall establish a dispute resolution process to resolve.
a) a dispute between or among different network operators or service providers,
b) a dispute between a network operator or service provider and a utility provider, and
c) a dispute between a network operator or service provider and a consumer.
2. Anyone or more of the parties to a dispute may refer the dispute to the Authority or for settlement by any alternative dispute resolution mechanism.
3. Where parties to a dispute that relates to electronic communications agree that the dispute is to be settled by the dispute resolution committee established under section 84, or any alternative dispute resolution mechanism, the parties shall not institute an action in court until the dispute resolution procedure has been exhausted.
1. The Board shall establish a Dispute Resolution Committee for the purpose of the resolution of disputes.
2. The composition of the Committee shall be determined by the Board.
3. The Committee shall expeditiously investigate and hear any matter which is brought before it.
4. The Authority shall determine the period within which disputes may be settled.
5. The Committee may require evidence or arguments to be presented in writing and may decide the matters upon which it will hear oral evidence or written arguments.
6. party to a dispute may appear at the hearing and may be represented by a lawyer or another person of that person’s choice.
Powers of the
1. The Dispute Resolution Committee may
a) issue summons to compel the attendance of witnesses,
b) examine witnesses on oath, affirmation or otherwise,
c) compel the production of documents, and
d) refer a person for trial at the High Court for contempt.
2. A summons issued by the Committee shall be under the hand of the Secretary of the Authority.
The Committee may, in settling a dispute
a) make a declaration setting out the rights and obligations of the parties to the dispute,
b) make provisional or interim orders or awards related to the matter or part of the matter, or give directions in furtherance of the hearing,
c) dismiss or refrain from hearing or determining a matter in whole or in part if it appears that the matter or part of the matter, is trivial or vexatious or that further proceedings are not necessary or desirable in the public interest,
d) in appropriate circumstances, order any party to pay the reasonable costs and expenses of another party, including the expenses of witnesses and fees of lawyers, in bringing the matter before the Authority, and
e) generally give directions and do anything that is necessary or expedient for the hearing and determination of the matter.
Establishment of the Electronic Communications Tribunal
There is established an appeal tribunal to be called the Electronic Communications Tribunal which shall be convened on an ad-hoc basis to consider appeals against
a) decisions or orders made by the Authority or to review a particular matter under a licence, this Act or Regulations, and
b) Decisions of the Dispute Resolution Committee of the Authority.
1. The members of the Tribunal shall be appointed by the chairperson of the Public Services Commission and shall consist of
a) a chairperson who is either a retired Justice of the Superior Court or a lawyer of at least fifteen years standing who has experience in telecommunication law, policy, regulations or arbitration, and
b) two other members with knowledge of and experience in the electronic communications industry, electronic engineering, law, economics or business or public administration.
2. The Public Services Commission shall appoint a registrar and other staff necessary for the smooth operations of the Tribunal.
3. The expenses of the Tribunal shall be paid out of income derived by the Authority and shall be part of the annual budget of the Authority.
procedure of the Tribunal
1. The Board shall, within thirty days of the commencement of this Act, prepare proposals for rules of procedure for the Tribunal.
2. The proposals shall be approved by a panel of the Tribunal specifically convened for the purpose.
3. The Board shall by legislative instrument make Regulations under this Act which shall prescribe the approved rules.
Right of appeal
1. A person affected by a decision of the Authority or the Dispute Resolution Committee may appeal against it by sending a notice of appeal to the Tribunal in accordance with the rules of procedure of the Tribunal.
2. The notice of appeal must be sent within twenty-eight days after the date the decision that is being appealed against is announced or received.
3. The appellant shall set out in the notice of appeal
a) the decision appealed against,
b) the provision under which the decision appealed against was taken, and
c) the grounds of appeal.
4. Within one month after receipt of a notice of appeal the Tribunal shall be convened to consider the appeal.
Decisions of the
1. The Tribunal, after hearing the appeal may quash the decision, allow the appeal in whole or in part, or dismiss the appeal and confirm the decision of the Authority.
2. If the Tribunal allows the appeal in part, it may vary the decision of the Authority in any manner and subject to any conditions or limitations that it considers appropriate to impose.
3. The Tribunal may take into account any submissions filed by a person acting as a friend of the Tribunal in reaching a decision on an appeal brought before it.
4. A decision of the Tribunal has the same effect as a judgment of the High Court.
the decisions of the Tribunal
1. A party dissatisfied with a decision of the Tribunal may appeal to the Court of Appeal.
2. An appeal under this section shall relate only to a point of law arising from the decision of the Tribunal.
3. An appeal shall be made within ninety days after the decision of the Tribunal and there shall be no extension of time.
Services provided from outside the Republic
The Authority may take appropriate action where electronic communications service provided in the Republic from outside the Republic jeopardizes the provision of, or otherwise competes unfairly with a service licensed under this Act.
1. A district assembly shall with the approval of the Authority determine the rate to be paid by a network operator or service provider in respect of its business within the district.
2. The Environmental Protection Agency, the District Assembly, the Ghana Atomic Energy Commission and the Civil Aviation Authority shall with the approval of the Authority determine the rate to be paid by a network operator or service provider in respect of charges related to the granting of permits for the erection of towers and masts.
A levy shall not be imposed on installed equipment of a network operator or service provider.
1. The Minister may on the advice of the Authority by legislative instrument make Regulations generally to give effect to the provisions of this Act and shall in particular, make Regulations in relation to
a) fees and tariffs,
b) the issue, conditions, duration, suspension or revocation of licenses for electronic communications service, as well as frequency assignments and other authorisations relating to these services,
c) interconnection which may contain, among others, the matters to be covered in every interconnection agreement,
d) procedures to be applied by a service provider to handle claims and complaints filed by subscribers or customers of communications services,
e) conditions under which claims and complaints of communications services subscribers or customers which are not satisfactorily resolved by the service provider may be submitted to the Authority, and the procedures to be applied by the Authority in handling the claims and complaints,
f) procedures for the administrative adjudication, mediation, or arbitration of disputes between operators,
g) procedures for the determination of breaches of Regulations and the imposition of sanctions, warnings and other penalties in respect of the breach,
h) other matters that the Board may from time to time consider necessary, having regard to the objectives and functions of the Authority, and
i) the guidelines, standards and other requirements that the Authority may issue or specify.
2. The Authority shall publish the Regulations on its website.
3. Despite the Statutory Instruments Act, 1959 (No. 52) the penalty for contravention of the regulations shall be a fine of not more than two thousand penalty units.
1. The Authority may refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the discharge of any duty under this Act in relation to electronic communications network or service, class of electronic communications services or use of spectrum by a person where the Authority finds that to be in the interest of the Republic.
2. Before determining to refrain from the exercise of any power or the discharge of any duty, the Authority shall publish the matter for decision in the Gazette.
3. A decision of the Authority under this section may be the subject of appeal to the Tribunal.
during a state of emergency
1. Where a state of emergency is declared under Article 31 of the Constitution or -another law, an operator of communications or mass communications systems shall give priority to requests and orders for the transmission of voice or data that the President considers necessary in the interest of national security and defense.
2. A service provider may, if facilities are disrupted as a result of force majeure or during a period of emergency, use its service for emergency, communications in a manner other than specified in its license or in the applicable regulations.
3. The use of a service for emergency communications shall be discontinued when normal telecommunication services are again available or when the special use of the facilities, equipment or service is terminated by the President.
4. Where the President requires a licensee or special licensee to give priority to communications of the Government, the communications shall have priority over all other communications but be in accordance with the International Telecommunications Union Treaties.
5. A network operator or service provider shall develop and cooperate in- the development and implementation of plans for operating networks and providing services during force majeure and periods of serious and substantial interruption in the provision of electronic communications services. .
6. The President may assume direct control of the electronic communications services and issue operating regulations in the event of a war declared according to law.
Powers of the
The President may by executive instrument make written requests and issue orders to operators or providers of electronic communications networks or services requiring them to intercept communications, provide any user information or otherwise in aid of law enforcement or national security.
In this Act, unless the context otherwise requires
“access” means, with respect to an electronic communications network or service, the ability of a service provider or user to use the electronic communications network or service of another operator or provider;
“affiliated” has the same meaning assigned to it under the Companies Act 1963; “authorization holder” means a person that is granted a – frequency authorization by the Authority under this Act;
“Authority” means the National Communications Authority established under the National Communications Authority Act 2008 (Act 769);
“Board” means the Board of the National Communications Authority established in section 1 of the National Communications Authority Act 2008 (Act 769)
“broadcasting service” includes the offer of the transmission of programs whether or not encrypted by any means of communication, for reception by the public, such as sound, radio, television and other types of transmissions, like those on a point to multipoint basis;
“build out” means the process of finishing raw space to meet specific needs of tenant notice issued by a judge or an authority that has well defined meaning on ceasing of operation;
“cease and desist order” means notice issued by a judge or an authority that has well defined legal meaning on ceasing of operation;
“class licence” means a licence, other than an individual licence, granted on the same terms to each applicant in respect to a class of electronic communications networks or services or radio-communication services;
“closed user group” means a group of persons who have a common Business or other economic or social interest other than the provision of electronic communications service;
“closed user group service” means electronic communications service, used by a closed user group, operated without interconnection to a public electronic communications network enabling electronic communications to persons other than the members of that group;
“Committee” means the Dispute Resolution Committee;
“Community college” means other tertiary institutions of learning in communities;
“Court” means the High Court;
“district” means the area of authority of a District Assembly;
“district assembly” includes a Municipal and Metropolitan Assembly;
“electronic communications” means any communication through the use of wire, radio optical or electromagnetic transmission emission or receiving system or any part of these;
“electronic communications network” means any wire, radio, optical or electromagnetic transmission, emission or receiving system, or any part of these, used for the provision of electronic communications service;
“electronic communications service” includes a service providing electronic communications, a closed user group service, a private electronic communications service, a public electronic communications service, a radio communication service and a value added service;
“facility” includes a physical component of electronic communications network, wires, lines, terrestrial and submarine cables, wave guides, optics or other equipment or object connected to post, pole, tower, standard, bracket, stay, strut, insulator, pipe, conduit, or similar thing used to carry, suspend, support or protect the structure or which is used for the purpose of electronic communications but does not include terminal equipment;
“frequency authorization” means an authorization granted by the Authority under this Act;
“frequency band” means a continuous frequency range of spectrum;
“Fund” means the Ghana Investment Fund for Electronic Communication established under section 31;
“Geographic market” means the geographic or demographic area, or any part of the area which an operator is authorized or licensed by the Authority to serve or in which an operator
is authorized or licensed to operate;
“harmful interference” means interference with the authorized use of spectrum that impedes, degrades, obstructs or interrupts a broadcasting service or electronic communications service;
“interconnection” means the linking of public electronic communications networks and services to allow the users of one public electronic communications service to communicate with users of another public electronic communications service;
“International Telecommunications Union Treaties” includes the Constitution, the Convention and the Regulations of the International Telecommunication Union;
“Minister” means the Minister responsible for electronic communications;
“network” means electronic communication network;
“network operator” means a person licensed under this Act to operate a public electronic communications network;
“network termination point” means the point designated for connection of terminal equipment by a user to electronic communications network;
“prescribe” means prescribed by Regulations made under this Act;
“private electronic communications service” means electronic communications service used within one enterprise or any corporate body with which it is affiliated, to satisfy its internal needs and operated without interconnection to a public electronic communications network that enables electronic communications to persons other than within the enterprise or the body corporate;
“public ground” includes any open or enclosed space to which the public has or is permitted to have access;
“public utility” has the same meaning assigned to it in the Public Utilities Regulatory Commission Act, 1997 (Act 538).
“public electronic communications network” means electronic communications network used to provide a public electronic communications service;
“public electronic communications service” include electronic communications service, a public telephone service, offered to members of the general public which permits one user to communicate with another user regardless of the technology used to provide the service, but does not include a service that modifies a communication, restructures, adds or supplies, or permits user interaction with information unless the service is offering a public telephone service;
“public telephone service” means the commercial provision to the public of the direct transport and switching of voice telephony in real time from and to network termination points;
“radio-communication service” means electronic communications service that is provided through the transmission, emission or reception of electromagnetic waves;
“Regulations” means the Regulations made under this Act;
“Republic” means the Republic of Ghana;
“roadworks” means any activity that involves breaking open a road or public ground, or that removes, alters or affects any utility installation;
“service provider” means a person licensed under this Act to provide a public electronic communications service;
“significant interest” in respect of a company, means a holding or interest in a company or a holding company by a person, either alone or with another person whether legally or equitably that entitles or enables the person, directly or indirectly;
“significant market power” means where a network operator or service provider, either
individually or jointly with other operators or providers, has a position that allows it to behave in a way that is appreciably independent of its competitors and customers;
“space segment” means satellite systems including their sensors needed for data acquisition and their receiving stations;
“special licence” means a special licence granted by the Authority under this Act;
“special licensee” means a person granted a special licence;
“spectrum” means the continuous range of electromagnetic wave frequencies used for telecommunications;
“telecentre” means technology work location in a community;
“telecommunications” includes the transmission, emission or reception of signals, writing, pulses, images, sounds or other intelligence of any kind by wire, radio, terrestrial or submarine cables, optical or electromagnetic spectrum or by way of any other technology;
“terminal equipment” means equipment on the user’s side of the network termination point that is connected directly or indirectly to electronic communications network by wire, radio, optical or electromagnetic means and with which a user can originate, process or terminate telecommunications;
“Tribunal” means the Electronic Communications Tribunal
“Trustee” means a member of the board of Trustees of the Fund established in section 34;
“Trustees” means the Board of Trustees of the Fund as provided for in section 34;
“universal access” means any community based services which the Authority,• in accordance with this Act, determines shall be provided;
“universal service” means any public electronic communications service which the Authority, in accordance with this Act, determines the requirements of universal service shall apply;
“user” means a customer or a subscriber of electronic communications network or service or broadcasting service and includes a customer that is an operator or provider of electronic communications network or service;
“utility installation” means any physical component of a system owned or operated by a public utility to provide water, gas or electricity;
“utility installation owner” means the owner or operator of any utility installation; and
“value added service” includes a service that combines applications provided to users with telecommunications, but does not include any public electronic communications service.
1. The Telecommunications Frequency Registration and Control Decree, 1977 (S.M.C.D. 71) is hereby repealed.
2. Despite the repeal under subsection (1) any regulations made under the repealed enactment are saved.
3. Date of Gazette notification: 9th January 2009
This Agreement (the "Agreement") is between you (an entity or person) and txtconnect, to govern your terminable right to use the txtconnect.co website and related services ("Site"); the servers the Site is stored on; and the computer files stored on the server (collectively referred to as the "Service"). By clicking on the "Accept" button, or otherwise using the Service, you have agreed to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK “ACCEPT,” AND YOU CANNOT USE THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The Agreement may be amended from time-to-time, and all amended terms automatically take effect on the sooner of the day you use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.
The Agreement may be amended from time-to-time, and all amended terms automatically take effect on the sooner of the day you use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.
Services Offered by txtconnect
txtconnect provides users with the ability to send and receive text messages to individuals and groups. When text messages are sent to groups of greater than 500 people, they are sent using txtconnect’s 4-digit short code – 1916. These services can be accessed via the internet or a mobile device, and will work in the 10 regions of Ghana (cumulatively referred to as the “Service Area”).
The txtconnect Services are not a replacement for any phone lines, whether wired, wireless, or internet based. In fact, you must have a valid cellular or other phone service to use the txtconnect Service. Because the txtconnect Service relies on your third-party service any limitations in that service will also limit the manner in which you can use the txtconnect Service.
txtconnect grants you a limited, revocable, non-exclusive, and non-transferable license to use the Software to access Services for your own individual, enterprise, and for limited commercial use subject to the other terms and conditions of this Agreement. You agree not to resell the Software. You shall not modify, reverse engineer, decompile or disassemble the Software. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Software without written authorization of txtconnect. You shall not use the Software for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights or intellectual property of others. You shall not permit other individuals to use the Software, including but not limited to shared use via a network connection, except under the terms of this Agreement. You shall not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software. You shall not circumvent or disable any technological features or measures in the Software for protection of intellectual property rights. You shall not use the Software in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate your license to the Software.
You grant txtconnect a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.
By using txtconnect Services, you agree that we may contact you via voice call, text message or other electronic medium. In the event that any information you have provided to txtconnect changes, including but not limited to, your phone number, e-mail or address, you agree to promptly update your information.
Use of txtconnect
To violate any law, regulation, or other published policy;
To violate or infringe the intellectual property, privacy, or rights of another;
To violate any agreement, rules or policies that govern the use of your mobile device;
To transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
To transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
To sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any txtconnect account;
To stalk, harass, or harm another individual; or
To impersonate another, misrepresent or falsely identify yourself.
To violate any applicable third party policies or requirements that txtconnect has communicated to you.
In any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
Engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
In connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes; or
For SMS in a manner that is not designed to enhance or augment the person-to-person nature of communications.
Compliance with Laws
You will use the Service in full compliance with all applicable laws and regulations, including all laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that you have with a third-party telecommunications provider.
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from you to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While txtconnect has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from a Site over the Internet cannot be guaranteed. Accordingly, txtconnect is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. txtconnect shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying txtconnect of any unauthorized use of your account, or breach of your account information or password. txtconnect will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify txtconnect about unauthorized use of your account or breach of your account information or password.
txtconnect maintains a zero tolerance policy regarding the delivery of spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, you will not send, cause to be sent, or facilitate, spam using the Service. Accounts which send spam or that we believe may be facilitating spam may be suspended and terminated, and txtconnect may participate in the prosecution of spammers.
Spam is defined by this Agreement as any message, whether using the simple mail transfer protocol (SMTP), short message peer-to-peer protocol (SMPP) or any similar or succeeding messaging protocols:
The principal purpose of which is to promote the sale of goods or services, including the content of a website which is operated on a commercial basis, or to promote a political purpose or objective, to the recipient, and consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, or advertising material for political purposes, unless You have acquired prior express written consent from the recipient to receive such messages;
Sent to a recipient with whom you have no preexisting relationship and/or prior consent to receive messages; or
That violates any law.
You will not send or cause to be sent, or facilitate the sending of any message using the Service if the intended recipient has not given you prior express consent. However, in the case that you are sending messages that are Spam, you must have acquired the prior written consent of the recipient.
All rights, title, and interest in the Service, and any content contained herein is the exclusive property of txtconnect except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without txtconnect’s prior written approval.
All trademarks, trade names, service marks and logos are proprietary to txtconnect. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by txtconnect, is strictly prohibited.
The materials on txtconnect’s web site are provided “as is.” txtconnect makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, txtconnect does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Since the txtconnect Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the txtconnect Service should not be used with any third-party services or devices such as MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES.
In no event shall txtconnect or its suppliers be liable for any consequential, indirect, special, punitive, or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if txtconnect or a txtconnect authorized representative has been notified orally or in writing of the possibility of such damage. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF txtconnect OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.
Any cause of action you may have with respect to your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. These limitations may not apply to you if your jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages.
The materials appearing on txtconnect’s Site may include technical, typographical, or photographic errors. txtconnect does not warrant that any of the materials on its Site are accurate, complete, or current. txtconnect may make changes to the materials contained on its Site at any time without notice. txtconnect however, makes no commitment of any kind to update the materials.
The Site may include links to certain website, materials, or content developed by third parties. txtconnect has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by txtconnect of the Site. Use of any such linked website is at your own risk. txtconnect reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
You will indemnify and hold txtconnect, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law, or the rights of a third party.
All refund requests must be made via the website's contact form at txtconnect.co within 30 days of purchase. txtconnect will not issue refunds to individuals without tracking requests. For the purposes of processing refunds, we will audit our delivery logs which will be used as the basis for determining deliverability. We will issue a refund for the following reasons: an individual received less than 50% of the messages that should have been sent; an individual was not sent the finish line message. If our delivery logs show a message was sent successfully to the carrier with no error, that message will be presumed to have been delivered. We cannot ensure deliverability to the phone after we hand the message off to the cellular providers.
txtconnect is committed to protecting its users' privacy. Although our ability to effectively provide our services requires that we collect some personal information about our customers and visitors to our website, we take care to protect the privacy of their information.
Disclosure to Third Parties
We will not trade or rent personal information to others in any way. We will not share your personal information with others (except for accounts, credit card, and ordering information, which are only shared with our clearing banks and payment processing companies) without your express consent. Contact information from the signup forms may be used to send information about our products and services only. The user's contact information may also be used to correspond with him or her when necessary and we may use external reputable companies to deliver any newsletters to which he or she has chosen to subscribe.
Security and Encryption
When you sign up for our services, we will offer you the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us.
No Class Actions
All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.
No Waiver of Compliance
Even if we do not require strict compliance with the Agreement in each instance, you will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by you of any of the provisions of the Agreement, will in no way waive your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written. Any and all waivers by txtconnect of any provision, condition, or requirement of the Agreement will only be effective against txtconnect if it is in writing and signed by an authorized officer of txtconnect, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment or delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, txtconnect for any third party that assumes our rights and obligations under this Agreement.
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable reliefs, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Any claim relating to txtconnect’s site shall be governed by the laws of the republic of Ghana without regard to its conflict of law provisions. The parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in any judicial or administrative proceedings.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS