Introduction
Welcome to the Law of Privacy & Confidentiality in Ghana book! This comprehensive book will provide an overview of relevant legal and ethical standards applicable to the collection, use, and disclosure of personal information. Readers will gain a general understanding of the principles underlying privacy and confidentiality laws in Ghana and how they relate to areas such as data security, employee and customer records, digital communications, and more. Through interactive presentations, discussions, activities, and case studies Decided court case, readers will develop practical skills to apply these concepts in their daily work.
The right of privacy and confidentiality is a fundamental human right that is enshrined in Ghana’s constitution. This right allows individuals to protect their personal information from public disclosure. The purpose of this book is to examine the legal framework governing the protection of privacy and confidentiality in Ghana. This includes an overview of the relevant statutes, regulations, and international instruments that are applicable to this topic; an examination of judicial interpretations on the scope and limitations of privacy and confidentiality rights; and a look into best practices for organizations operating with data on citizens in Ghana.
Objectives
- Provide an understanding of applicable laws and regulations related to privacy and confidentiality in Ghana.
- Outline the various types of data covered by the law, including personal, sensitive, financial and health information.
- Explain when consent is required for collection and use of data under Ghanaian law.
- Identify effective best practices for secure handling and processing of confidential information according to legal requirements in Ghana.
- Educate participants on their responsibilities as custodians of confidential information under Ghanaian law, both in-country and abroad.
Course Outline
Module 1: Introduction to Privacy & Confidentiality Law in Ghana
-Overview of Privacy & Confidentiality Laws in Ghana
– Definition and purpose of the Law.
-Exploring their meaning & impact under Ghanaian Law
-Key definitions: Privacy & Confidentiality
-Importance of respecting a person’s right to privacy and confidentiality when recording
-Importance of respecting a person’s right to privacy
-Importance of respecting a person’s confidentiality when recording
-Jurisdiction and coverage area.
– Compliance requirements.
-Points to consider when assessing privacy risks for covered entities.
-Points to consider when assessing liabilities for covered entities.
Module 2: Privacy & Confidentiality Law
-Main concepts of privacy and confidentiality under Ghanaian law
-Various legal protections available under Ghanaian law regarding privacy
-Various legal protections available under Ghanaian law regarding confidentiality
-Understanding how those rights are protected and enforced.
-Understanding of these laws for professional or personal reasons
-Potential risks associated with violating one’s confidential information
-Ways in which one can protect their own and others’ information from unlawful surveillance.
-Ways in which one can protect their own and others’ information from other intrusions into their privacy
– Punishment for Violation of intrusions into one privacy
-Legal rights and remedies available
– Decided court case on privacy and confidentiality Violation in Ghana
Module 3: Law of Privacy & Confidentiality on Recording in Ghana
– Definition of ‘Privacy’ and ‘Confidentiality’ and their relevance to recording.
-Impact of law on individual rights and freedoms.
-Where recording individuals is permissible in Ghana
-The legal implications associated with recording individuals in Ghana without permission
– Strategies to ensure compliance with laws governing privacy and confidentiality.
-Examination of key pieces of legislation related to privacy and confidentiality (Data Protection Act 2012, listening devices, video surveillance Act etc.)
-Case Studies- Exploration into examples where consent or permission have been sought prior to any recordings being made.
-Discussion surrounding possible implications if consent was not obtained.
-Development strategies for ensuring compliance when making recordings (e.g., developing Consent forms/ checklists).
-Punishment for Violation
-Decided court case
Module 4: Law of Privacy & Confidentiality on Photographing in Ghana
-Definition of Privacy & Confidentiality Related to videoing and photographing in Ghana (common law/statutory)
-Understand the meaning and scope of privacy and confidentiality related to videoing and photographing in Ghana as it relates to legal documents and common law.
– Relevant laws and regulations applicable to video and photographing in Ghana.
-Legal Rights & Responsibilities to Photography and videoing
– Right to Refuse Access to Photography and videoing
– Freedom of Expression & Copyright in Ghana
-Privacy Laws on International on videoing and photographing in Ghana.
– Parliamentary Acts Relevant to videoing and photography
– Licensing Requirements for Professional Photographers and videographer
-Criminal Penalties for Non-Compliance videoing and photographing.
-The rights of videographers and photographers under the laws pertaining to photography in Ghana.
-Data Protection Rules Applicable to Photo and video Sharing Sites
-Protection from Harassment when Taking Photographs/videos
-Sanctions for Misuse of Photos/videos
-Code of Conduct for Photographers/videographers
-Dos & Don’ts When Taking Photos/video
-Protocols When Posting Photos/videos Online
-Photo/video Letting Vs Ownership
-Decided court case
Module 5: Law of Privacy & Confidentiality on Subterfuge in Ghana
-Overview of applicable laws, including those relating to civil matters
-Personal information protection
-Data security
-Misuse of communication channels
-Sources for obtaining further information and advice.
-Discussion on applicable case law/international norms and conventions
-Legality of Protection Measures
-Overview of government regulations pertaining to the protection of sensitive data/information
– Discussion on permissible surveillance activities based on local legislation/regulation/case law.
– Global perspective – regional differences in privacy standards
– Strategies for Safeguarding Data
– Overview of technical measures employed for preventing unauthorized access or use.
– Types of encryption techniques available
-Steps taken when breaches occur
-Risk assessment approach and related best practices
-Monitoring costs versus benefit analyses
-Benefits associated with training staff members
-Recommended practices for minimizing risk
-Data handling strategies
-Punishment for Violation
-Decided court case
Module 6: Rights & Responsibilities Under the Law ‘Protection of Personal Information Act 2018 (Act 991)’ In Ghana
-Understanding ‘The Protection of Personal Information Act 2018’
-Overview on individual Rights & Responsibilities under the Law
Module 7: Investigating Potential Violations
-Examples of Surveillance and Intrusion into your Privacy
-Understanding how to spot unlawful surveillance
-Understanding how to spot Intrusions into your Personal Life
-Analysing different types of violations that could take place in a corporate environment
-Decided court cases
Module 8: Guiding Principles of Data Protection in Ghana
-Data Usage Rights & Limitations
– Specific standards contained within the Law for permissible uses or limitations on collection, use, storage, access, external disclosure, or transfer, etc., for personal data.
- Regulations concerning providing access to personal data.
– Internal controls for managing data security risks.
– Requirements for quality assurance measures when processing personal data.
– Information regarding enforcement powers applicable to non-compliance with this Law.
-Criteria for exceptions or exempted activities from certain provisions under this Law
-Exploring the 6 main principles as Set out by The Data Protection Commission
-Evaluating how these principles can help protect one’s Privacy & Confidential Information
– Decided court cases
Module 9: Practicing controlled access to sensitive Data.
-Understanding when to be careful with accessing Sensitive Data.
-Developing strategies for controlling who has access to certain Data
-Decided court cases
Module 10: 50 Decided Court Cases
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