Ace Ankomah, FGA
Distinguished legal practitioner Ace Ankomah, FGA, has called for a stronger focus on public awareness and individual caution as the first lines of defense against cyber threats, while also stressing the urgent need for more robust enforcement to secure a safer digital environment. He made this statement during his thought-provoking lecture on cybersecurity, data protection, and governance, delivered as part of the 2024 Founders’ Week Celebrations of the Ghana Academy of Arts and Sciences (GAAS).
Mr. Ankomah’s presentation, titled “Bridging the Legal Divide,” was held on November 14, 2024, at the GAAS Auditorium in Accra. His lecture critically examined Ghana’s existing legal framework for digital security, highlighting its strengths, identifying gaps, and outlining the essential steps needed to improve enforcement mechanisms for a safer digital future.
He began by citing a 2022 UNESCO report on privacy in the digital age, emphasizing that privacy and freedom of expression—once thought to be contradictory—are now deeply interdependent. He illustrated this with real-life examples of cyber fraud, data breaches, and social media privacy violations, which have become rampant in Ghana and beyond. One striking example was the hacking of WhatsApp accounts, where compromised accounts are used to spread scams, including fraudulent loan offers.
Ghana’s Cyber Security Act (2020) established the Cyber Security Authority (CSA) to regulate cybersecurity activities. The Act mandates organizations to report cyber incidents, conduct regular security audits, and comply with critical information infrastructure (CII) regulations. Ace Ankomah underscored that while Ghana’s cybersecurity laws are up-to-date and benchmarked against international standards, implementation remains a challenge due to delays in passing necessary regulations and gaps in enforcement.
Another crucial aspect of the lecture was the Data Protection Act (2012), which outlines the rights of individuals regarding their personal information. While this law aims to safeguard privacy, Mr. Ankomah pointed out that the absence of clear regulations and enforcement mechanisms weakens its effectiveness. He warned that ignorance of the law does not exempt individuals from liability, urging the public to be more vigilant about how their data is collected and used.
Mr. Ace Ankomah discussed various forms of cybercrime, including identity theft, electronic fraud, and the non-consensual sharing of intimate images. He referenced real-world legal cases in Ghana, such as the Supreme Court’s rejection of secret recordings as evidence in breach of privacy rights. He also warned about the rise in scam operations, where criminals pose as trusted figures to extort money, particularly through mobile money and social engineering tactics.
Legal Cases and Their Implications:
The role of Ghana’s judiciary in upholding digital rights and privacy protections was another focal point of his presentation. Ankomah cited the Francis Kwame Arthur v. Vodafone case, where the High Court ruled that certain data collection practices during COVID-19 contact tracing violated privacy rights. This case sets an important precedent in emphasizing the need for stringent safeguards when personal data is collected for public health purposes. However, in another ruling, the court upheld the government’s requirement for digital address codes in national identification registration. This case illustrated the delicate balance between individual privacy and national security needs.
Bridging the Legal Divide: Solutions for the Future
According to Mr. Ankomah, Ghana has made significant strides in cybersecurity legislation. However, public education, regulatory enforcement, and proactive governance are critical to bridging the legal divide. He emphasized that one of the most urgent actions needed is enhanced public awareness about digital rights and the laws in place to protect individuals. He advocated for government-led initiatives that provide citizens with clear, accessible information about their rights under the Data Protection Act (2012) and the Cyber Security Act (2020).
Ankomah proposed integrating digital literacy into the education system to equip future generations with the necessary skills to navigate the digital landscape safely. He also stressed the importance of targeted campaigns to raise awareness about how personal data is collected, used, and protected.
On the enforcement front, Ankomah called for the immediate passage of outstanding regulations under the Cyber Security Act (2020). These regulations have been delayed for years, which hampers the ability to enforce cybersecurity laws effectively. He also urged the government to strengthen the enforcement mechanisms of existing laws and ensure swift action against those who violate digital privacy.
The lecture concluded with a lively Q&A session where participants, particularly students, expressed their gratitude for the invaluable insights shared by Mr. Ankomah. Many were particularly excited by the practical guidance on how they can protect their own digital rights and navigate the increasingly complex online world. The discussion ignited a sense of responsibility among the youth, who are key players in shaping the future of Ghana’s digital landscape.
