FRANCIS KWARTENG ARTHUR vs. GHANA TELECOM CO. LTD. AND ORS

The Applicant, a subscriber to the telecommunications networks of the 1st and 2nd Respondents, challenged the President's Executive Instrument (EI 63) issued under the Electronic Communications Act, 2008 (Act 775), which directed communication service providers to make available personal subscriber information for COVID-19 contact tracing. The Applicant alleged that the procurement and disclosure of his personal information without consent violated his fundamental rights to administrative justice, privacy, equality, and non-discrimination. The 4th Respondent, the regulatory body, was responsible for ensuring compliance with EI 63. The High Court ruled partially in favor of the Applicant, awarding damages for violation of privacy rights due to the disclosure of unhashed mobile money details.

MERLEY WOOD JA The 4th Respondent/Appellant is appealing against part of the ruling delivered on 22nd July 2021 by the High Court, Accra by awarding damages against it in favour of the Applicant/Respondents in such generic human rights enforcement action. The Applicant/Respondent is a communication network subscriber to 1st Respondent’s company’s telecommunications network with mobile number 0208131971 and 2nd Respondent’s network with mobile number 0540180813. The 3rd Respondent is a company which carries on among other businesses, information and communication technology services while the 4th Respondent is the statutory body established to regulate the provision of communication services and to enforce or implement the Electronic Communications Act, 2008 (Act 775). The 5th Respondent is the principal legal advisor to the President and the Government. The facts leading to the instant appeal are that on 23rd March 2020, the President of the Republic of Ghana when the Cov...