The Importance of Digital Consent in Ghana

As the regulatory objective of the Data Protection Commission under Section 2 of the Data Protection Act 2012 states, the “protecting of the privacy of individual and personal information and providing the process to obtain, hold, use or disclose personal information” this protection is the greatest priority for the country and the commission. The Act emphasizes the significance of consent, privacy, and data compliance in Ghana’s digital landscape.
In today’s digital age, communication has become a primary form of interaction through content creation, advertising, blogging, and more. As a result, it’s crucial to prioritize the rightful use of consent to protect individuals’ personal data.
Consent, as outlined in Section 20 of the Data Protection Act 2012, requires explicit permission from individuals or organizations for collecting, processing, and using their personal data because of its convenience and effective, rightful use of Consent must be put in place. “a person shall not process personal data without the prior consent 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”

Consent in digital communication refers to the agreement or permission given by individuals for their personal information or content to be collected on websites, apps, and digital platforms, as well as shared with third parties during online interactions. The use of digital consent ensures that individuals’ personal data is collected, shared, and used in a manner that respects their privacy. Explicit consent builds trust between organizations and individuals, as it assures them that their data is handled responsibly. This transparency also encourages organizations to be more accountable for their data practices, ultimately promoting a safer and more trustworthy digital environment.

According to section 19 of Act 843, “personal data must only be processed if the purpose for which it is to be processed, is relevant, necessary and not excessive. In context of digital consent under digital communication, consent must be explicit, transparent and simple for the individual to understand and not to lure in consenting to what they do not agree to. Options to opt-in and out must be visible to the individual to withdraw and agree to consent under any circumstances. This approach emphasizes user transparency, control, and flexibility in online communication.

However, the unauthorized use of individuals’ personal data or content poses significant risks. Data breaches, misuse, and exploitation have become increasingly common, often resulting in reputational damage and emotional distress. Sharing sensitive information, such as sexual-related content, criminal records, health records, or political beliefs, can be used to exploit individuals, causing financial and emotional harm. Exceptions to these rules are outlined in Section 60 of the Data Protection Act 2012, which specifies entities exempt from certain provisions of the Act.
The Cybersecurity Authority and the Data Protection Commission play a vital role in preventing cybercrime and data privacy breaches in Ghana. By protecting individuals’ personal information, ensuring that consent is respected, and preventing systems, networks, and programs from digital attacks, these authorities help create a safer digital environment, ultimately fostering trust and security in online interactions.

Digital consent is essential for protecting individuals’ personal data and preventing cybercrime. The Cybersecurity Authority and Data Protection Commission are crucial in enforcing data protection laws and promoting a culture of consent. By prioritizing digital consent and respecting individuals’ autonomy over their personal data, we can build trust in online interactions and ensure a safer digital landscape for all. This, in turn, allows individuals to feel secure in sharing their information online, knowing that it will be handled responsibly. Ultimately, the importance of digital consent cannot be overstated, and its implementation is key to a secure and trustworthy digital environment.

By Roberta Nuerkie Tetteh