Bundle precomputed assets for example bills
Browse filesCo-authored-by: Codex <codex@openai.com>
This view is limited to 50 files because it contains too many changes. See raw diff
- assets/example_bills/data-harmonisation-bill/analysis.json +77 -0
- assets/example_bills/data-harmonisation-bill/chunks.json +40 -0
- assets/example_bills/data-harmonisation-bill/document.txt +963 -0
- assets/example_bills/data-harmonisation-bill/metadata.json +10 -0
- assets/example_bills/data-protection-bill-2025/analysis.json +79 -0
- assets/example_bills/data-protection-bill-2025/chunks.json +0 -0
- assets/example_bills/data-protection-bill-2025/document.txt +0 -0
- assets/example_bills/data-protection-bill-2025/metadata.json +10 -0
- assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/analysis.json +82 -0
- assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/chunks.json +25 -0
- assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/document.txt +646 -0
- assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/metadata.json +10 -0
- assets/example_bills/electronic-communications-bill-2025/analysis.json +78 -0
- assets/example_bills/electronic-communications-bill-2025/chunks.json +0 -0
- assets/example_bills/electronic-communications-bill-2025/document.txt +0 -0
- assets/example_bills/electronic-communications-bill-2025/metadata.json +10 -0
- assets/example_bills/electronic-transactions-bill-2025/analysis.json +82 -0
- assets/example_bills/electronic-transactions-bill-2025/chunks.json +95 -0
- assets/example_bills/electronic-transactions-bill-2025/document.txt +1708 -0
- assets/example_bills/electronic-transactions-bill-2025/metadata.json +10 -0
- assets/example_bills/emerging-technologies-bill-2025/analysis.json +76 -0
- assets/example_bills/emerging-technologies-bill-2025/chunks.json +18 -0
- assets/example_bills/emerging-technologies-bill-2025/document.txt +436 -0
- assets/example_bills/emerging-technologies-bill-2025/metadata.json +10 -0
- assets/example_bills/ghana-domain-name-registry-bill-2025/analysis.json +83 -0
- assets/example_bills/ghana-domain-name-registry-bill-2025/chunks.json +26 -0
- assets/example_bills/ghana-domain-name-registry-bill-2025/document.txt +604 -0
- assets/example_bills/ghana-domain-name-registry-bill-2025/metadata.json +10 -0
- assets/example_bills/ghana-meteorological-authority-bill-2025/analysis.json +76 -0
- assets/example_bills/ghana-meteorological-authority-bill-2025/chunks.json +29 -0
- assets/example_bills/ghana-meteorological-authority-bill-2025/document.txt +623 -0
- assets/example_bills/ghana-meteorological-authority-bill-2025/metadata.json +10 -0
- assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/analysis.json +66 -0
- assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/chunks.json +22 -0
- assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/document.txt +472 -0
- assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/metadata.json +10 -0
- assets/example_bills/manifest.json +13 -13
- assets/example_bills/mdhi-bill-2025/analysis.json +84 -0
- assets/example_bills/mdhi-bill-2025/chunks.json +0 -0
- assets/example_bills/mdhi-bill-2025/document.txt +0 -0
- assets/example_bills/mdhi-bill-2025/metadata.json +10 -0
- assets/example_bills/national-communications-authority-bill-2025/analysis.json +77 -0
- assets/example_bills/national-communications-authority-bill-2025/chunks.json +29 -0
- assets/example_bills/national-communications-authority-bill-2025/document.txt +699 -0
- assets/example_bills/national-communications-authority-bill-2025/metadata.json +10 -0
- assets/example_bills/national-information-technology-authority-bill-2025/analysis.json +76 -0
- assets/example_bills/national-information-technology-authority-bill-2025/chunks.json +0 -0
- assets/example_bills/national-information-technology-authority-bill-2025/document.txt +1591 -0
- assets/example_bills/national-information-technology-authority-bill-2025/metadata.json +10 -0
- assets/example_bills/postal-courier-and-logistics-commission-bill-2025/analysis.json +72 -0
assets/example_bills/data-harmonisation-bill/analysis.json
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{
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"executive_summary": "The Data Harmonisation Act establishes a National Data Exchange Platform to standardize, secure, and govern the sharing of public interest data across public and private sectors, aiming to improve public service delivery, innovation, and data protection while balancing access and privacy.",
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"bill_summary": [
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"Establishes a centralized National Data Exchange Platform for secure, standardized data sharing of public interest data.",
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"Mandates classification of public interest data into open, shareable, or restricted categories under a Public Interest Data Classification Framework.",
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"Imposes data sharing obligations on public and private entities holding public interest data, with penalties for non-compliance.",
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"Creates a governance framework including an Oversight Authority, an Advisory Committee, and a Data Harmonisation Tribunal.",
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"Requires data providers to use standardized APIs, ensure data security, maintain audit trails, and comply with quality and interoperability standards.",
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"Regulates data access for consumers, including application processes, permitted uses, and restrictions on re-use or resale of data.",
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"Imposes strict security, breach notification, and compliance monitoring requirements on data providers.",
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"Provides for administrative and criminal penalties for violations, including fines and imprisonment."
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],
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"implementation": [
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{
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"stakeholder": "Data Providers (public and private entities)",
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"obligation": "Classify data, use standardized APIs, ensure data security, maintain audit trails, and comply with quality and interoperability standards.",
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"implementation_burden": "Significant technical and operational adjustments, including system integration, API development, and compliance with evolving standards.",
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"risk_or_note": "Non-compliance risks fines, penalties, or loss of access to the National Data Exchange Platform."
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},
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{
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"stakeholder": "Data Consumers (approved entities)",
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"obligation": "Apply for access, comply with data reuse restrictions, and enter data use agreements for shareable/restricted data.",
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"implementation_burden": "Need to navigate application processes, pay fees, and ensure compliance with reuse rules to avoid penalties.",
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"risk_or_note": "Unauthorized access or misuse of data could result in criminal liability or administrative sanctions."
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},
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{
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"stakeholder": "Oversight Authority",
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"obligation": "Monitor compliance, enforce regulations, issue guidelines, and manage the National Data Exchange Platform.",
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"implementation_burden": "Requires robust technical and administrative capacity to oversee a complex data ecosystem.",
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"risk_or_note": "Potential bottlenecks in enforcement if resources or expertise are insufficient."
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}
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],
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"critique": [
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{
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"issue": "Ambiguity in restricted data classification",
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"why_it_matters": "The bill allows the Minister to designate restricted data but lacks clear criteria, risking arbitrary decisions that could stifle legitimate data sharing.",
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"recommendation": "Define explicit, transparent criteria for classifying restricted data to prevent overreach and ensure consistency."
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},
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{
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"issue": "Potential overreach in data sharing obligations",
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"why_it_matters": "Mandatory data sharing for public interest data may infringe on privacy or operational autonomy of private entities.",
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"recommendation": "Introduce safeguards, such as proportionality tests or sunset clauses, to limit mandatory sharing to cases of clear public benefit."
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},
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{
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"issue": "Compliance burden on SMEs and startups",
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"why_it_matters": "Smaller entities may struggle with technical requirements (e.g., API integration, audit trails) and costs (e.g., fees, compliance staff).",
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"recommendation": "Provide phased implementation, technical support, or exemptions for SMEs to ease transition."
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},
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{
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"issue": "Risk of market distortion from data reuse restrictions",
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"why_it_matters": "Prohibitions on reusing data to compete with data providers could reduce innovation and limit market dynamism.",
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"recommendation": "Clarify exceptions for non-duplicative, value-adding uses of data to balance competition and data protection."
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}
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],
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"swot": {
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"strengths": [
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"Enhanced public service delivery through integrated, high-quality data access.",
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"Standardized data formats and APIs could boost innovation and cross-sector collaboration.",
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"Robust security and audit requirements may increase public trust in data governance."
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],
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"weaknesses": [
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"High compliance costs and technical barriers may disproportionately affect SMEs and startups.",
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"Ambiguity in restricted data definitions risks stifling legitimate data sharing.",
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"Centralized oversight could lead to bureaucratic delays or power imbalances."
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],
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"opportunities": [
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"Creation of a national data ecosystem may attract investment in data-driven industries.",
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"Improved data accessibility could spur research, startups, and evidence-based policymaking.",
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"Interoperability standards may position the country as a regional leader in digital governance."
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],
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"threats": [
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"Data breaches or misuse could erode public trust and expose sensitive information.",
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"Overly restrictive rules may deter private sector participation in the data exchange.",
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"Legal challenges or implementation delays could undermine the bill's effectiveness."
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]
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}
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}
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assets/example_bills/data-harmonisation-bill/chunks.json
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[
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"1 DATA HARMONISATION BILL\nARRANGEMENT OF SECTIONS\nPRELIMINARY MATTERS\n1. Application\n2. Objectives\n3. Guiding Principles\nDATA SHARING AND THE NATIONAL DATA EXCHANGE PLATFORM\n4. Establishment of the National Data Exchange Platform\n5. Data Sharing Obligations\n6. Data Providers\n7. Data Exchange Framework\n8. System Integration and API Governance\n9. Data Security\n10. Data Quality Requirements\n11. Audit Trails and Logging\n12. Oversight and Accountability\nGOVERNANCE FRAMEWORK\n13. Oversight Authority\n14. Functions of the Authority\n15. Data Harmonisation Advisory Committee\nACCESS AND USE OF THE NATIONAL DATA EXCHANGE PLATFORM\n16. Data Access\n17. Onboarding and Access Control Protocols\n18. Cross -Border Transfers\nDATA PROTECTION\n19. Data Subject Rights\n20. Obligations of Data Controllers and Data Processo rs\nCOMPLIANCE AND ENFORCEMENT\n21. Compliance Monitoring\n22. Reporting Requirements\n23. Offences and Penalties\n24. Administrative Sanctions\n25. Dispute Resolution\n26. Dispute Resolution Committee\n27. Powers of the Dispute Resolution Committee\n28. Resolution of Referred Disputes\nDATA HARMONISATION TRIBUNAL\n29. Establishment of the Data Harmonisation Tribunal\n30. Composition of the Tribunal\n2 31. Rules of Procedure of the Tribunal\n32. Right of Appeal\n33. Decisions of the Tribunal\nFINANCIAL PROVISIONS\n34. Fees\n35. Sources of Funds\n36. Expenses\n37. Accounts and audits\nTRANSITIONAL AND MISCELLANEOUS PROVISIONS\n38. Implementation and Pilot Scheme\n39. Relationship and Integration with Existing Laws\n40. Repeals and Savings\n41. Regulations\n42. Interpretation\nSCHEDULES\nFIRST SCHEDULE\nPublic Interest Data Classification Framework\nSECOND SCHED ULE\nLocal Participation and Local Content Requirements\n3\nA BILL ENTITLED\nTHE DATA HARMONISATION ACT, 20XX (ACT XXXX)\nAN ACT to promote data harmonisation, standardisation and exchange to enhance data\ngovernance, enable efficient public service delivery, and safeguard data rights and to provide\nfor related matters .\nDATE OF ASSENT :",
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"3\nA BILL ENTITLED\nTHE DATA HARMONISATION ACT, 20XX (ACT XXXX)\nAN ACT to promote data harmonisation, standardisation and exchange to enhance data\ngovernance, enable efficient public service delivery, and safeguard data rights and to provide\nfor related matters .\nDATE OF ASSENT :\nPASSED by Parliament and assented to by the President:\nPreliminary Matters\nApplication of this Act\n1. (1) This Act applies to all public interest data and all holders of public interest data .\n(2) Without limiting subsection (1), this Act applies to:\n(a) all public sector institutions, including ministries, departments, agencies, and\nstatutory bodies, that collect, generate, process, store or hold public interest\ndata;\n(b) all private sector entities that generate, collect, store, or otherwise control or\nproce ss public interest data in connection with a public function, a regulatory\nobligation, or the provision of goods or services;\n(c) any person or institution granted access to the National Data Exchange\nPlatform under this Act ; and\n(d) any category of persons whom the Minister shall designate .\n(3) This Act shall not compel the mandatory sharing of any information classified as\nrestricted data, or any other information whose disclosure would endanger\nnational security, defen ce, or public safety.\nObjective s of the Act\n2. The purpose of this Act is to establish a legal and institutional framework for the\nharmonisation, sharing and use of public interest data, through a secure data\nexchange infrastructure, to support efficient public administration and national\ndevelopment. The objectives of this Act are to:\n(a) promote coordinated and harmonised data governance across public and\nprivate institutions;\n(b) improve the quality, accessibility, interconnected ness and interoperability of",
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"exchange infrastructure, to support efficient public administration and national\ndevelopment. The objectives of this Act are to:\n(a) promote coordinated and harmonised data governance across public and\nprivate institutions;\n(b) improve the quality, accessibility, interconnected ness and interoperability of\npublic interest data ;\n(c) provide the legal mandate f or the sharing of public interest data;\n(d) enable the lawful and secure sharing of public interest data across institutional\nand sectoral boundaries;\n(e) support innovation, competition, research, and evidence -based policy making\nby enabling lawful access to publ ic interest data;\n(f) protect the public from fraud, misinformation, and other risks arising from poor\ndata management and fragmented information systems; and\n(g) ensure that public interest data is governed in accordance with national\nvalues, applicable standard s, and international best practices .\n4\nGuiding Principles\n3. The implementation of this Act shall be guided by the following principles:\n(a) data integrity, public interest data must be consistent , accurate and reliable ;\n(b) data standardisation, there must be common formats, definitions and\nclassifications used across databases to enable exchange of information and\ncomparability ;\n(c) data democratisation, public interest data must be accessible and readily\navailable for use across sectors;\n(d) interoperability, systems and institutions must be able to interpret, use, and\nexchange data seamlessly through the appropriate standards and protocols;\n(e) reusability, redundant data collection must be avoided ; where applicable, the\nsame data should be collected once only and re-used appropriately across\ninstitutions ;\n(f) security, access to public interest data should be as open as possible, but as",
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"(e) reusability, redundant data collection must be avoided ; where applicable, the\nsame data should be collected once only and re-used appropriately across\ninstitutions ;\n(f) security, access to public interest data should be as open as possible, but as\nclosed as necessary; the right to access data must be balanced with the\nprivacy and safety of citizens and the security of the Republ ic;\n(g) optimisation, data sharing and system integration should support the delivery\nof timely, efficient and citizen -centred public services; and\n(h) transparency, the collection, access and use of public interest data should be\nforthright and promote accountabi lity and public trust .\nData Sharing and the National Data Exchange Platform\nEstablishment of the National Data Exchange Platform\n4. (1) There is established by this Act the National Data Exchange Platform , a public\ndigital infrastructure for the secure, standardised and interoperable exchange of public\ninterest data .\n(2) The National Data Exchange Platform shall operate as the central national\ninfrastructure for the provision and exchange of public interest data held by public\ninstitutions and eligible private entities, specifically comprising open data and\nshareable data.\n(3) The National Data Exchange Platform shall:\n(a) facilitate the lawful sharing , exchange and re -use of public interest data in\naccordance with this Act;\n(b) support machine -readable access to public interest data through standardised\nAPIs and related technologies;\n(c) support accessi bility to public intere st data and the interoperability of\ndatabases;\n(d) facilitate the onboarding of data providers and data consumers; and\n(e) promote transparency in the access and management of public interest data .",
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"APIs and related technologies;\n(c) support accessi bility to public intere st data and the interoperability of\ndatabases;\n(d) facilitate the onboarding of data providers and data consumers; and\n(e) promote transparency in the access and management of public interest data .\n(4) The National Data Exchange Platform shall be held by the Republic through the\nMinistry.\n(5) The technical operation, configuration, administration and maintenance of the\nNational Data Exchange Platform shall be managed and supervised by the\nAuthority in accordance with the policy direction and objectives prescribed by the\nMinister .\n(6) The i nstallation and day -to-day operations of the National Data Exchange Platform\nshall at all times be managed by an ent ity registered under the laws of Ghana and\n5 subject to the local content and local participation requirements prescribed by the\nAuthority.\n(7) The Minister may prescribe requirements and procedures for the administration of\nthe National Data Exchange Platform .\nData Sharing Obligation s\n5. (1) All holders of public interest data shall identify and classify the public interest data\nthey hold as either open data, shareable data or restricted data in accordance with\nSchedule 1 of this Act .\n(2) The Minister may from time to time prescribe additional classifications of public\ninterest data.\n(3) All open data holders shall provide access to such open data via the National\nData Exchange Platform in accordance with this Act and any directives issued\nunder it.\n(4) Shareable data holders shall provide access to sharea ble data via the National\nData Exchange Platform upon the fulfilment of the relevant conditions required to\naccess that shareable data.\n(5) Shareable data holders shall clearly define and make transparent any conditions,",
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"under it.\n(4) Shareable data holders shall provide access to sharea ble data via the National\nData Exchange Platform upon the fulfilment of the relevant conditions required to\naccess that shareable data.\n(5) Shareable data holders shall clearly define and make transparent any conditions,\nprocedures or terms which need to be met to access the shareable data.\n(6) Nothing in this section shall be construed to require the sharing of data classified\nas restricted, except as may be authoris ed under this Act or any other applicable\nlaw.\n(7) A holder of public interest data who fails to provide access in contravention of this\nsection commits an offence and shall be liable upon summary conviction to a fine\nof not less than two hundred penalty unit s and not more than ten thousand penalty\nunits .\nData Providers\n6. (1) A holder of public interest data may be designated as a data provider under this Act\nand shall be onboarded onto the National Data Exchange Platform .\n(2) A person shall qualify as a data provider if that person:\n(a) is a public body or private entity or institution that holds public interest data;\nor\n(b) performs a statutory, regulatory, or public service function involving the\ngeneration or management of public interest data; and\n(c) meets the eligib ility criteria prescribed by the Authority.\n(3) Without limiting the provisions of subsection (2) above, the Minister may designate\nentities, bodies, systems, organisations and institutions as data providers.\n(4) The Authority shall, in consultation with the Advisory Committee , prescribe the\ncriteria and procedures for determining eligibility as a data provider and the\nresponsibilities of approved data providers in their operation s on the National Data\nExchange Platform .",
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"entities, bodies, systems, organisations and institutions as data providers.\n(4) The Authority shall, in consultation with the Advisory Committee , prescribe the\ncriteria and procedures for determining eligibility as a data provider and the\nresponsibilities of approved data providers in their operation s on the National Data\nExchange Platform .\n(5) The Authority shall issue guidelines on the process and technical requirements for\nonboarding and integration with the National Data Exchange Platform .\n6\n(6) A data provider shall:\n(a) ensure the accuracy and completeness of the ir database provided;\n(b) apply the appropriate classification, specifications and format requirements as\nprescribed under this Act;\n(c) implement appropriate security and technical measures, access controls and\ndata protection measures as required under this Act or any other applicable\nlaw; and\n(d) maintain internal processes to support tim ely and efficient data exchange in\naccordance with this Act and any Regulations, directives or guid elines issued\nunder this Act .\n(7) The Authority shall, in consultation with relevant sector regulators, maintain a\nregister of approved data providers .\nData Exchange Framework\n7. (1) Data providers shall grant access to their databases in a file format which is\nstructured , machine -readable and compatible with the National Data Exchange\nPlatform to allow software applications to easily identify, recognise and extr act specific\ndata.\n(2) The Authority shall, in consultation with the Advisory Committee , prescribe\ntechnical and operational standards, including but not limited to:\n(a) the use of standardised data formats across all databases ;\n(b) the adoption of sector -appropriate data exchange formats, including but not\nlimited to XML and JSON;\n(c) connectivity protocols that ensure secure, real -time, or scheduled data\ntransmission;",
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"(a) the use of standardised data formats across all databases ;\n(b) the adoption of sector -appropriate data exchange formats, including but not\nlimited to XML and JSON;\n(c) connectivity protocols that ensure secure, real -time, or scheduled data\ntransmission;\n(d) the application of sector -specific classification systems, taxonomies, and\ndata dicti onaries;\n(e) the use of unique identifiers across sectors to ensure traceability and data\ndeduplication; and\n(f) metadata standards, classification levels, and tagging practices for all public\ninterest data.\n(3) The Authority shall prescribe the technical specificati ons referenced under\nsubsection (2) and update them periodically to reflect international best practices\nand emerging technologies.\n(4) Where conversion of public interest data into the prescribed digital format is\nimpossible or would involve a disproportiona te effort, the data provider shall\nconsult with the Authority to determine an appropriate alternative prior to their\nonboarding.\nSystem Integration and API Governance\n8. (1) A data provider shall ensure that all data sharing occurs through secure,\nstandard ised, and auditable APIs, as prescribed by the Authority in consultati on with\nthe Ghana Standards Authority .\n(2) The Authority shall prescribe technical specifications on:\n(a) API architecture, protocols, and endpoints to ensure system -wide\ninteroperability;\n(b) authentication and authorisation mechanisms, including the use of digital\ncredentials, access tokens, and role -based permissions;\n7 (c) encryption requirements for data in transit and at rest to preserve\nconfidentiality and integrity;\n(d) tracking, logging, and audi t mechanisms for each data request and response",
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"credentials, access tokens, and role -based permissions;\n7 (c) encryption requirements for data in transit and at rest to preserve\nconfidentiality and integrity;\n(d) tracking, logging, and audi t mechanisms for each data request and response\nexchanged via the National Data Exchange Platform ;\n(e) implementation of tiered access or safeguard measures for sensitive data\nrequiring limited or controlled disclosure ; and\n(f) any other specifications that the Authority may deem relevant.\n(3) A data provider shall comply with all specifications provided by the Authority in\naccordance with sub section (2) and shall implement robust internal policies and\nprocedures to protect and safeguard access to their API keys to prevent\nunauthorised use.\n(4) A data provider who intentionally , recklessly or by gross negligence fails to prevent\nAPI exposure and unauthorised access is subject to an administrative penalty of up\nto ten thousand penalty units.\n(5) A data provider shall not e xpose or allow access to any database through the\nNational Data Exchange Platform unless the relevant API integration has been\ntested and approved by the Authority or a body designated by the Authority.\n(6) A data provider who fails to comply with subsection (5) commits an offence and shall\nbe liable upon summary conviction to a fine of not less than five hundred penalty\nunits and not more than fifty thousand penalty units .\n(7) The Authority may, in addition to the penalty under subsection (6), impose an\nadministrative penalty of up to one thousand penalty units.\n(8) The Authority shall monitor API performance, integrity, and security on a continuous\nbasis, and may issue technical updates or revoke access where necessary to\nensure compliance with this Act .\nData Security",
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"administrative penalty of up to one thousand penalty units.\n(8) The Authority shall monitor API performance, integrity, and security on a continuous\nbasis, and may issue technical updates or revoke access where necessary to\nensure compliance with this Act .\nData Security\n9. (1) A data provider shall implement appropriate technical and organisational measures\nto ensure the confidentiality, integrity, security and continuous availability of the public\ninterest data they share through the National Data Exchange Pla tform .\n(2) Without limiting subsection (1) or any other obligations of data providers under this\nagreement, a data provider shall:\n(a) establish role-based access controls and user authentication protocols to\nprevent unauthorised access to the database;\n(b) ensure encryption of data in transit and at rest, using standards prescribed by\nthe Authority;\n(c) maintain routine backup systems for the database ;\n(d) implement business continuity and disaster recovery measures to minimise\ndisruption in the event of system failure or compromise; and\n(e) maintain internal controls and procedures for identifying, reporting, and\nresponding to security incident s.\n(3) The Authority may, in consultation with the Cyber Security Authority , Data\nProtection Commission and any other relevant government agencies , issue\nguidelines or directives specifying minimum security standards for data providers\nand data consumers.\n8 (4) The Authority may prescribe different data security benchmarks for specific\nsectors or databases , taking into account the nature, use, a nd sensitivity of the\ndata.\n(5) A data provider shall, upon request, furnish the Authority with evidence of the\ninternal procedures and systems in place to ensure data security in accordance\nwith this section.\n(6) A data provider shall notify the Authority promptly of any actual or suspected",
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"data.\n(5) A data provider shall, upon request, furnish the Authority with evidence of the\ninternal procedures and systems in place to ensure data security in accordance\nwith this section.\n(6) A data provider shall notify the Authority promptly of any actual or suspected\nbreach, compromise, or unauthorised access affecting its database, and in any\ncase , no later than within seventy -two ( 72) hours of discovery :\n(a) where the breach is of a nature affect ing personal data, then the data\nprovider shall additionally notify the Data Protection Commission in\naccordance with the provisions of the [Data Protectio n Act 20XX, (Act\nXXX) ].\n(b) where the bre ach is of a nature involving cybersecurity -related matters\nthen the data provider shall additionally notify the Cybersecurity Authority\nwithin twenty -four (24) hours of detection in accordance with the\n[Cybersecurity Act 20XX, (Act XXX) ];\n(7) The form and manner of notification in subsection ( 6) and the immediate steps to\nbe implemented after notification shall be prescribed by the Authority .\n(8) A data provider who fails to comply with this section 9 commits an offence and\nshall be liable upon summary conviction to a fine of not less than five hundred\npenalty units a nd not more than fifty thousand penalty units.\n(9) The Authority may, in addition to the penalty under subsection (8), impose an\nadministrative penalty of up to ten thousand penalty units.\nData Quality Requirements\n10. (1) A data provider shall ensure that all databases made available through the National\nData Exchange Platform meet the quality standards prescribed by the Authority.",
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"administrative penalty of up to ten thousand penalty units.\nData Quality Requirements\n10. (1) A data provider shall ensure that all databases made available through the National\nData Exchange Platform meet the quality standards prescribed by the Authority.\n(2) For the purposes of subsection (1), a data provider shall:\n(a) maintain the accuracy and completeness of public interest data contained in\nits databases;\n(b) eliminate duplicate records and ensure data consistency across systems;\n(c) establish procedures for regular updates, corrections, and verification of data\nentries; and\n(d) where appropriate, impleme nt version control mechanisms to track changes\nand ensure the integrity of historical records.\n(3) The Authority may prescribe different data quality benchmarks for specific sectors\nor categories of data, taking into account the nature, use, and sensitivity o f the\ndata.\n(4) A data provider shall, upon request, furnish the Authority with evidence of the\ninternal procedures and systems in place to ensure data quality in accordance with\nthis section .\nAudit Trails and Logging\n11. (1) A data provider shall implement and maintain audit trails and logging mechanisms\nfor every access, transmission, or modification of public interest data through the\nNational Data Exchange Platform .\n9\n(2) The audit trails and logs shall, at a minimum :\n(a) record the identity of the data consumer or sy stem initiating the access or\nrequest;\n(b) specify the nature, date, time, and outcome of the transaction;\n(c) indicate the database and category or classification of data accessed or\nexchanged; and\n(d) capture any anomalies, access failures, or unauthorised attempts .\n(3) Audit logs shall be :",
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| 14 |
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"(c) indicate the database and category or classification of data accessed or\nexchanged; and\n(d) capture any anomalies, access failures, or unauthorised attempts .\n(3) Audit logs shall be :\n(a) securely stored in tamper -evident form;\n(b) encrypted and protected from unauthorised access or deletion; and\n(c) retained for a minimum of five (5) years, or such other period as may be\nprescribed by the Authority .\n(4) The Authority may :\n(a) cond uct periodic reviews of audit trails for compliance monitoring or technical\nassessment;\n(b) require the submission of logs by data providers to support investigations, verify\nsystem integrity, or assess suspected misuse; and\n(c) issue directives regarding the form at, storage, or transmission of audit logs.\n(5) A data provider shall establish internal protocols for monitoring and analysing audit\ntrails to detect unusual activity, prevent abuse, and support incident response.\nOversight and Accountability\n12. (1) The Authority shall monitor and enforce compliance with this Act, and may take\nappropriate enforcement action s against any data provider or data consumer who fails\nto meet their obligations under this Act.\n(2) In carrying out its oversight function, the Authority shall issue guidelines,\ndirectives, and notices to ensure the proper functioning of the National Data\nExchange Platform .\n(3) The Authority shall consult the Advisory Committee and other relevant\nstakeholders in matters of joint oversight or technica l coordination.\n(4) A data provider shall submit periodic reports on their performance on the National\nData Exchange Platform and their compliance with this Act. The form and\nfrequency of the reports shall be determined by the Authority.",
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"stakeholders in matters of joint oversight or technica l coordination.\n(4) A data provider shall submit periodic reports on their performance on the National\nData Exchange Platform and their compliance with this Act. The form and\nfrequency of the reports shall be determined by the Authority.\n(5) The Authority shall publish an annual report detailing performance indicators and\nother key metrics of the National Data Exchange Platform and other relevant\ninformation to promote transparency.\n(6) Each data provider shall:\n(a) appoint a designated officer responsible for ensuring compliance with the\nobligations under this Act;\n(b) respond to queries or directives issued by the Authority within the prescribed\ntimelines; and\n(c) take corrective actions directed by the Authority promptly where deficiencies\nare identified.\nGovernance Framework\n10 Oversight Authority\n13. The Authority shall be responsible for overseeing the implementation and\nenforcement of this Act .\nFunctions of the Authority\n14. The functions of the Authority include but are not limited to:\n(a) overseeing the establishment and maintenance of the National Data\nExchange Platform ;\n(b) ensuring the operational integrity, accessibility and efficiency of the National\nData Exchange Platform ;\n(c) overseeing compliance with the provisions of this Act and any subs idiary\nlegislation , regulations, directives, guidelines or notices issued under this Act;\n(d) developing, issuing and updating technical, operational and security\nguidelines in consultation with the Advisory Committee ;\n(e) overseeing the onboarding, registration, and monitoring of data providers and\ndata consumers;\n(f) maintaining a register of data providers and data consumers connected to\nthe National Data Exchange Platform ;\n(g) collaborating with relevant stakeholders to ensure alignment with national\npolicies and frame works;\n(h) coordinating with other regulatory bodies to ensure alignment with applicable",
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"data consumers;\n(f) maintaining a register of data providers and data consumers connected to\nthe National Data Exchange Platform ;\n(g) collaborating with relevant stakeholders to ensure alignment with national\npolicies and frame works;\n(h) coordinating with other regulatory bodies to ensure alignment with applicable\nlaws, including but not limited to laws on data protection , cybersecurity ,\nstandardisation and open banking ;\n(i) issuing and enforcing administrative directives, notices or sa nctions as\nprovided under this Act;\n(j) investigat ing and resolv ing disputes ;\n(k) coordinating capacity building, stakeholder engagement, and public\neducation on data harmonisation and the National Data Exchange Platform ;\nand\n(l) advising the Minister on policy implementation matters under this Act.\nData Harmonisation Advisory Committee\n15. (1) There is established by this Act a Data Harmonisation Advisory Committee to\nprovide operational insight, discuss cross -sectoral matters on data harmonisation\nand provid e strategic advice to support the Authority in the effective performance of\nits functions .\n(2) The Committee shall be composed of:\n(a) the Minister;\n(b) a representative of the National Information Technology Agency not below\nthe rank of a director ;\n(c) a representative of the Bank of Ghana not below the rank of director ;\n(d) a representative of the Cyber Security Authority not below the rank of a\ndirector ;\n(e) a representative of the Data Protection Commission not below the rank of a\ndirector ;\n(f) a representative of the Ghana Stand ards Authority not below the rank of a\ndirector or its functional equivalent;\n(g) a representative of the Ghana Statistical Service not below the rank of a\ndirector or its functional equivalent ;",
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"director ;\n(f) a representative of the Ghana Stand ards Authority not below the rank of a\ndirector or its functional equivalent;\n(g) a representative of the Ghana Statistical Service not below the rank of a\ndirector or its functional equivalent ;\n(h) a representative of the National Communications Authority not bel ow the\nrank of a director ;\n(i) a representative of the National Identification Authority not below the rank of\na director or its functional equivalent ;\n11 (j) a senior officer of the [National Intelligence Bureau/ National Security\nCouncil ];\n(k) a representative of the Office of the Registrar of Companies not below the\nrank of a director or its functional equivalent ;\n(l) two persons from the private sector with expertise in data management, data\narchitecture, data analysis, standards engineering, ICT or digital services;\nand\n(m) one representative of civil society with experience in data protection,\nintellectual property or digital rights.\n(3) The members of the Committee shall be appointed by the Minister on the\nrecommendation of the respective institutions and at least three ( 3) of the\nrepresentatives shall be women .\n(4) The Minister shall be C hairperson of the Advisory Committee .\n(5) The Committee shall meet at least once every six months and may hold\nextraordinary meetings:\n(a) at the request of the Chairperson; or\n(b) upon the written request of not less than one -third of the members of the\nAdvisory Committee.\n(6) The Advisory Committee shall provide practical guidance on the implementation\nof this Act only and shall not exercise any executive, regulatory or operational\nauthority under thi s Act.\n(7) The Committee shall advise the Authority on :\n(a) strategic direction and long -term planning for data exchange and\nharmonisation;",
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"of this Act only and shall not exercise any executive, regulatory or operational\nauthority under thi s Act.\n(7) The Committee shall advise the Authority on :\n(a) strategic direction and long -term planning for data exchange and\nharmonisation;\n(b) stakeholder coordination and multi -agency alignment;\n(c) phased implementation of the Act and any practical challenges ;\n(d) cross -sector engagements and feedback;\n(e) drafting of guidelines under the Act;\n(f) standards for interoperability and integration; and\n(g) any other matters as may be referred to it by the Authority or the Minister.\n(8) The term of office of a member of the Committee is four years , and a member is\neligible for reappointment for another term only.\nAccess and Use of the National Data Exchange Platform\nData Access\n16. (1) A person approved by the Authority as a data consumer may access public\ninterest data through the National Data Exchange Platform in accordance with this\nAct.\n(2) Access to data on the National Data Exchange Platform shall be granted for the\nfollowing permitted purposes:\n(a) delivery of public services or performance of statutory functions;\n(b) research, innovat ion, and academic development;\n(c) statistical analysis and evidence -based policymaking;\n(d) detection and prevention of fraud, financial crime or other unlawful conduct;\n(e) regulatory compliance, oversight and supervision functions; or\n(f) any other lawful purpose s approved by the Authority in consultation with the\nMinister .\n12\n(3) A person seeking approval as a data consumer shall apply to the Authority for\nauthorisation. The application shall be made in a manner prescribed by the\nAuthority and at a minimum, must:",
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"(f) any other lawful purpose s approved by the Authority in consultation with the\nMinister .\n12\n(3) A person seeking approval as a data consumer shall apply to the Authority for\nauthorisation. The application shall be made in a manner prescribed by the\nAuthority and at a minimum, must:\n(a) identify the applicant and describe the purpose for which access is required;\n(b) specify the public interest data for which access is being requested,\nincluding any intended re -use or onward sharing;\n(c) disclose the applicant \u2019s legal basis or authorisation for accessing the data,\nwhere applicable;\n(d) include high -level information on its technical systems for the purpose of\nassessment for integration;\n(e) comply with any other conditions prescribed by the Authority , including the\npayment of prescribed fees .\n(4) A person seeking app roval as a data consumer shall be a legal entity or body\ncorporate and shall not be a natural person.\n(5) Upon approval, a data consumer shall be granted access credentials to the\nNational Data Exchange Platform for a period of one (1) year and assigned a data\naccess tier in accordance with their authorisation level.\n(6) A data consumer may, upon expiration of their credentials, apply to the Authority\nfor a renewal of their subscription in the prescribed form. The Authority may\nrequest additional up -to-date information from the applicant prior to granting a\nrenewal.\n(7) A person who unlawfully or without the proper authorisation accesses databases\non the National Data Exchange Platform commits an offence and shall be liable\nupon summary conviction to a fine of not less than one thousand penalty units and\nnot more than one hundred thousand penalty units or a term of imprisonment of\nnot more than five years or both.",
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"on the National Data Exchange Platform commits an offence and shall be liable\nupon summary conviction to a fine of not less than one thousand penalty units and\nnot more than one hundred thousand penalty units or a term of imprisonment of\nnot more than five years or both.\n(8) The Authority may, in addition to the penalty under subsection (7), impose an\nadministrative penalty of up to ten thousand penalty units.\n(9) Data consumers may be required to enter data use agreements as a precondition\nto accessing shareable data or restricted data.\n(10) Data consumers shall not re -use data obtained through the National Data\nExchange Platform in a manner that duplicates or directly competes with the\nservice offered by the data provider whose database they accessed .\n(11) Data consumers shall not re -use personal data except in a manner that has been\nconsented to by the data subject or is otherwise pe rmitted by law.\n(12) A data consumer that contravenes subsections ( 10) and ( 11) commits an offence\nand is liable on summary conviction to a fine of not less than five thousand\npenalty units and not more than fifty thousand penalty units .\n(13) The Authority shall, in consultation with the Advisory Committee, issue guidelines\non the permitted re -use of data.\n(14) A person who purchases or sells, attempts to purchase or sell, or does any act\nwith the intent to purchase or sell data obtained through the National Data\nExcha nge Platform , except as otherwise approved by the Authority, commits an\n13 offence and is liable upon summary conviction to a fine of not less than five\nthousand penalty units and not more than one hundred thousand penalty units or\na term of imprisonment of not more than seven years or both .",
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"Excha nge Platform , except as otherwise approved by the Authority, commits an\n13 offence and is liable upon summary conviction to a fine of not less than five\nthousand penalty units and not more than one hundred thousand penalty units or\na term of imprisonment of not more than seven years or both .\n(15) A data provider shall maintain and submit to the Authority, in the form and\nmanner prescribed by the Authority, a data register cataloguing the public\ninterest data available through its database to promote ease of access . The data\nregister shall indicate:\n(a) the public interest data available on the data provider \u2019s database;\n(b) the classification of such data as open, shareable or restricted;\n(c) for restricted or shareable data, any conditions or protoco ls required for the\ndisclosure of that data;\n(d) the fees required to access their da tabase , where applicable; and\n(e) any other information prescribed by the Authority.\n(16) The Authority may refuse to grant an application where:\n(a) the applicant fails to satisfy the applicable eligibility, legal, or technical\nrequirements;\n(b) the data requested is classified as restricted and the applicant does not\npossess the necessary clearance ;\n(c) granting access may compromise national security, public safety, or data\nintegrity; or\n(d) the request is otherwise inconsistent with the objectives of this Act.\n(17) In the event of refusal, the Authority shall notify the applicant of the reasons for\nthe refusal.\n(18) An international organisation or a foreign entity operating in Ghana may apply\nfor access to the National Data Exchange Platform through the Authority .\nApplications for foreign data consumers shall be subject to additional conditions\nprescribed by the Authority, and must be approved by the Minister.",
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"the refusal.\n(18) An international organisation or a foreign entity operating in Ghana may apply\nfor access to the National Data Exchange Platform through the Authority .\nApplications for foreign data consumers shall be subject to additional conditions\nprescribed by the Authority, and must be approved by the Minister.\n(19) The Authority shall submit a list of all foreign data consumer applications that\nhave satisfied the prescribed additional criteria to the Minister for final approval\non a quarterly basis.\nOnboarding and Access Control Protocols\n17. (1) The Authority shall establish a process for onboarding data consumers which may\ninclude the payment of any applicable onboarding or service fees.\n(2) The Authority shall implement access control protocols to govern the scope and\nlevel of access granted to each data consumer.\n(3) A data consumer shall not access any database or transmit data beyond the\nlevel or purpose for which access has been granted. The Authority may suspend\nor revoke access for any data consumers who fail to comply with this section.\n(4) Data consumers who contrav ene subsection (3) commit an offence and shall be\nliable upon summary conviction to a fine of not less than five hundred penalty\nunits and not more than fifty thousand penalty units.\n(5) The Authority may, in addition to the penalties under subsections (3) an d (4),\nimpose an administrative penalty of up to five hundred penalty units.\n14 Cross -Border Transfers\n18. (1) The transfer of public interest data through the National Data Exchange Platform\nto data consumers outside the jurisdiction of Ghana is permitted only in accordance\nwith the provisions of this Act.\n(2) Cross -border transfers pursuant to subsection (1) shall:",
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"14 Cross -Border Transfers\n18. (1) The transfer of public interest data through the National Data Exchange Platform\nto data consumers outside the jurisdiction of Ghana is permitted only in accordance\nwith the provisions of this Act.\n(2) Cross -border transfers pursuant to subsection (1) shall:\n(a) be in compliance with the [Data Protection Act, 20XX(Act XXX) ] and other\napplicable laws;\n(b) comply with any safeguards, protocols or limitations prescribed under this Act\nor issued by the Authority ; and\n(c) be approved by the Minister.\n(3) Safeguards under subsection (2) may include:\n(a) restrictions on the type or category of data which may be transferred outside\nthe jurisdiction ;\n(b) mandatory access through a registered Ghanaian subsidiary or an approved\nlocal representative regulated by the Authority ;\n(c) limitations on the duration of access;\n(d) additional requirements for technical safeguards, access logs and audits ; and\n(e) any safeguards prescribed by the Minister o r the Authority.\n(4) A data provider or data consumer that facilitates or permits cross -border transfers\nof data through the National Data Exchange Platform in a manner that\ncircumvents or violates this section, commits an offence and shall be liable upon\nsummary conviction to a fine of not less than five hundred penalty units and not\nmore than one hundred thousand penalty units.\n(5) The Authority may, in addition to the penalty under subsection (4), impose other\nadministrative sanctions, including an administrat ive penalty of up to five thousand\npenalty units .\nData Protection\nData Subject Rights\n19. Nothing in this Act shall be construed to limit or derogate from the rights of data",
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"administrative sanctions, including an administrat ive penalty of up to five thousand\npenalty units .\nData Protection\nData Subject Rights\n19. Nothing in this Act shall be construed to limit or derogate from the rights of data\nsubjects under the [Data Protection Act, 20 XX (Act XXX)]. Where public interest data\nincludes personal data, the processing, access, or sharing of such data through the\nNational Data Exchange Platform shall be undertaken in a manner that upholds Act\nXXX. The Authority shall work in collaboration with the Data P rotection Commission\nto ensure the enforcement of data subject rights in relation to the use , re-use and\nexchange of personal data through the National Data Exchange Platform .\nObligations of Data Controllers and Data Processors\n20. Nothing in this Act shall be construed to limit or derogate from the obligations of data\ncontrollers and data processors under the [Data Protection Act, 20XX(Act XXX) ].\nCompliance and Enforcement\nCompliance Monitoring\n21. (1) The Authority shall establish and maintain a monitoring system to monitor\ncompliance with the rules, obligations and requirements of the National Data\nExchange Platform and this Act .\n(2) The Authority may appoint inspectors to carry out monitoring functio ns outlined\nunder this Act or prescribed by the Authority or the Minister.\n15\n(3) The inspector may at reasonable times:\n(a) enter and inspect a premises, which the inspector knows or reasonably\nsuspects to be used for a purpose to which this Act applies, to ensure that the\nprovisions of this Act are complied with; or\n(b) enter a premises to perform any other function imposed on the inspector\nunder this Act, or by the Authority.\n(4) The inspectors shall submit quarterly compliance reports in the manner",
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"provisions of this Act are complied with; or\n(b) enter a premises to perform any other function imposed on the inspector\nunder this Act, or by the Authority.\n(4) The inspectors shall submit quarterly compliance reports in the manner\nprescribed by the Aut hority.\n(5) The Authority may conduct audits on all participating institutions , within periods\nto be determined by the Authority, to assess a participating institution \u2019s\ncompliance with applicable laws and the rules of the National Data Exchange\nPlatform .\nReporting Requirements\n22. (1) Where requested by the Authority, a participating institution shall provide reports\non activities undertaken through the National Data Exchange Platform . The report\nshall include any information as may be prescribed by the Author ity.\n(2) A participating institution shall notify the Authority within seven days of any change\nin the information that was submitted to the Authority for approval as a\nparticipating institution.\nOffences and Penalties\n23. (1) A person who contravenes or fails to comply with any provision of this Act\ncommits an offence and, where no penalty is expressly provided, shall be liable upon\nsummary conviction to a fine of not less than two hundred penalty units and not more\nthan ten thousand penalty units or to a term of imprisonment of not more than two\nyears or both .\n(2) A person who fails to comply with an administrative sanction prescribed by the\nAuthority under section 24 of this Act commits an offence and, where no penalty is\nexpres sly provided, shall be liable upon summary conviction to a fine of not less\nthan two hundred penalty units and not more than ten thousand penalty units or to\na term of imprisonment of not more than two years or both.",
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"expres sly provided, shall be liable upon summary conviction to a fine of not less\nthan two hundred penalty units and not more than ten thousand penalty units or to\na term of imprisonment of not more than two years or both.\n(3) Where an offence under this Act is com mitted by a body corporate or by a member\nof a partnership or other firm, every director or officer of that body corporate or a\nmember of the partnership or any other person concerned with the management\nof the firm shall be deemed to have committed that offence and is liable on\nsummary conviction to a fine or term of imprisonment as prescribed.\n(4) A person shall not be convicted of an offence under subsection (3) if it is proved\nthat:\n(a) due diligence was exercised to prevent the commission of the offence; and\n(b) the offence was committed without the knowledge, consent or connivance of\nthat person.\nAdministrative Sanctions\n24. (1) A person who contravenes or fails to comply with any provision of this Act which is\nnot designated as an offence may be liable to adminis trative sanctions as prescribed\nby the Authority.\n16\n(2) The Authority may prescribe the following sanctions:\n(a) issue a warning or non -compliance notice to a participating institution;\n(b) suspend a participating institution from use of the National Data Exchange\nPlatform;\n(c) revoke access and r emove a participating institution from the National Data\nExchange Platform ;\n(d) impose administrative penalties on a participating institution;\n(e) impose bans on a participating institution; and\n(f) any other sanction as may be appropriate to redress the stated non -\ncompliance.",
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"Exchange Platform ;\n(d) impose administrative penalties on a participating institution;\n(e) impose bans on a participating institution; and\n(f) any other sanction as may be appropriate to redress the stated non -\ncompliance.\n(3) A participating institution that has its access or approval revoked may submit a\nfresh application to the Authority to be reinstated after rectifying the breach or\nnon-compliance.\n(4) Participating institutions that have been banned shall not be permitted to reapply\nfor access.\n(5) The imposition of administrative sanctions or fines under this Act shall be without\nprejudice to any penalties, fines or sanctions that may be imposed by any other\nregulatory authority under any o ther enactment.\n(6) Where the conduct of a person constitutes an offence under this Act and any\nother enactment, nothing in this Act shall prevent the institution of proceedings\nunder that other enactment.\nDispute Resolution\n25. (1)The Authority shall establish a dispute resolution process to resolve disputes:\n(a) between data providers and data consumers;\n(b) between or among different data providers;\n(c) between data subjects and data providers or data consumers; and\n(d) between the Authority and data providers, data consumers or data subjects .\n(2) Where a dispute, pursuant to subsection s (c) and (d) above, concerns a matter\ninvolv ing data subjects , their personal data and data subject rights, then the\nAuthority shall involve the Data Protection [ Commission/ Authority ] in the\nresolution of the dispute .\n(3) Where a dispute under subsection (1) involves matters pertaining to issues of\ncybersecurity , then the Authority shall involve the Cybersecurity Authority in the\nresolution of the dispute.",
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"Authority shall involve the Data Protection [ Commission/ Authority ] in the\nresolution of the dispute .\n(3) Where a dispute under subsection (1) involves matters pertaining to issues of\ncybersecurity , then the Authority shall involve the Cybersecurity Authority in the\nresolution of the dispute.\n(4) Any o ne or more parties to a dispute m ay refer the dispute to the Authority for\nsettlement by any alternative dispute resolution mechanism .\n(5) Where parties to a dispute agree that the dispute is to be settled by\n(a) the dispute resolution committee established under section 2 6; or\n(b) any alternative dispute resolution mechanism\nthe parties shall not institute an action in court until the dispute resolution\nprocedure has been exhausted.\nDispute Resolution Committee\n17 26. (1) The Authority shall establish a Dispute Resolution Committee for the purpose of\nthe resolution of disputes and shall prescribe the rules of procedure of the Dispute\nResolution Committee .\n(2) The composition of the Dispute Resolution Committee shall be determined by\nthe board of the Authority in consultation with the Advisory Committee .\n(3) The Dispute Reso lution Committee shall expeditiously investigate and hear any\nmatter which is brought before it.\n(4) The Authority shall determine the period within which disputes may be settled.\n(5) The Dispute Resolution Committee may require evidence or argum ents to be\npresented in writing and may decide the matters upon which it will hear oral\nevidence or written arguments.\n(6) A party to a dispute may appear at the hearing and may be represented by a\nlawyer or another person of that person's choice.\nPowers of the Dispute Resolution Committee\n27. (1) The Dispute Resolution Committee shall have the power to :",
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| 29 |
+
"evidence or written arguments.\n(6) A party to a dispute may appear at the hearing and may be represented by a\nlawyer or another person of that person's choice.\nPowers of the Dispute Resolution Committee\n27. (1) The Dispute Resolution Committee shall have the power to :\n(a) issue summons to compel the attendance of witnesses ;\n(b) examine witnesses on oath, affirmation or otherwise ;\n(c) compel the production of documents ; and\n(d) refer a person for trial at the High Court for contempt.\n(2) A summons issued by the Dispute Resolution Committee shall be under the hand\nof the Secretary of the Authority .\nResolution of Referred Disputes\n28. (1)The Dispute Resolution Committee may, in settling a dispute .\n(a) make a declaration setting out the rights and obligations of the parties to the\ndispute;\n(b) make provisional or interim orders or awards related to the matter or part of\nthe matter, or give directions in furtherance of the hearing ;\n(c) dismiss or refrain from hearing or determining a matter in whole or in part if it\nappears that the matter or part of the matter, is trivial or vexatious or that\nfurther proceedings are not necessary or desirable in the public interest;\n(d) in appropriate circumstances, order an y party to pay the reasonable costs\nand expenses of another party, including the expenses of witnesses and fees\nof lawyers, in bringing the matter before the Authority; and\n(e) generally give directions and do anything that is necessary or expedient for\nthe h earing and determination of the matter.\nData Harmonisation Tribunal\nEstablishment of the Data Harmonisation Tribunal\n29. (1) There is by this Act established an appeal tribunal to be called the Data",
|
| 30 |
+
"(e) generally give directions and do anything that is necessary or expedient for\nthe h earing and determination of the matter.\nData Harmonisation Tribunal\nEstablishment of the Data Harmonisation Tribunal\n29. (1) There is by this Act established an appeal tribunal to be called the Data\nHarmonisation Tribunal which shall be convened on an ad -hoc basis to consider\nappeals against:\n(a) decisions or orders made by the Authority or to review a particular matter\nunder this Act or its regulations , directives or guidelines; and\n(b) decisions of the Dispute Resolutio n Committee of the Authority .\nComposition of the Tribunal\n18 30. (1) The members of the Tribunal shall be appointed by the Minister and shall consist\nof:\n(a) a chairperson who is either a retired Justice of the Superior Court or a lawyer\nof at least fifteen years standing who has experience in technology law\n(particularly data privacy, intellectual property, and cybersecurity matters) ,\npolicy, regulations or ar bitration ; and\n(b) two other members with experience or academic or professional qualifications\nin the data governance , public digital infrastructure, electronic engineering,\ndata protection, cybersecurity, law, economics or business or public\nadministration .\n(3) The Minister shall appoint a registrar and other staff necessary for the smooth\noperations of the Tribunal.\n(4) The expenses of the Tribunal shall be paid out of income derived by the Authority\nunder this Act and shall be part of the annual budget of the A uthority.\nRules of Procedure of the Tribunal\n31. (1) The Authority shall, within thirty days of the commencement of this Act, prepare\nproposals for rules of procedure for the Tribunal .",
|
| 31 |
+
"under this Act and shall be part of the annual budget of the A uthority.\nRules of Procedure of the Tribunal\n31. (1) The Authority shall, within thirty days of the commencement of this Act, prepare\nproposals for rules of procedure for the Tribunal .\n(2) The proposals shall be approved by a panel of the Tribunal specifically convened\nfor the purpose.\n(3) The Authority shall by legislative instrument make Regulations under this Act\nwhich shall prescribe the approved rules.\nRight of Appeal\n32. (1) A person affected by a decision of the Authority or the Dispute Resolution\nCommittee may appeal against it by sending a notice of appeal to the Tribunal in\naccordance with the rules of procedure of the Tribunal .\n(2) The notice of appeal must be sent within twenty -eight days after the date on\nwhich the decision being appealed against is announced or received .\n(3) The appellant shall set out in the notice of appeal:\n(a) the decision appealed against;\n(b) the provision under which the decision appealed against was taken; and\n(c) the grounds of appeal.\n(4) Within one month after receipt of a notice of appeal the Tribunal shall be\nconvened to consider the appeal.\nDecisions of the Tribunal\n33. (1) The Tribunal, after hearing the appeal may:\n(a) quash the decision ;\n(b) allow the appeal in whole or in part ; or\n(c) dismiss the appeal and confirm the decision of the Authority .\n(2) If the Tribunal allows the appeal in part, it may vary the decision of the Authority\nin any manner and subject to any conditions or limitations that it considers\nappropriate to impose .\n(3) The Tribunal may take into account any submissions filed by a person acti ng as",
|
| 32 |
+
"(2) If the Tribunal allows the appeal in part, it may vary the decision of the Authority\nin any manner and subject to any conditions or limitations that it considers\nappropriate to impose .\n(3) The Tribunal may take into account any submissions filed by a person acti ng as\na friend of the Tribunal in reaching a decision on an appeal brought before it .\n19\n(4) A decision of the Tribunal has the same effect as a judgement of the High Court\nand shall be final unless submitted to the High Court for review .\nFinancial Provisions\nFees\n34. The Minister shall determine the fees to be charged under this Act in accordance with\nthe Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080).\nSources of Funds\n35. The funds of the National Data Exchange Platform shall include:\n(a) seed money;\n(b) fees accruing to the National Data Exchange Platform under this Act;\n(c) moneys provided by Parliament;\n(d) donations, gifts , grants and other voluntary contribution ; and\n(e) any other moneys that are approved by the Minister responsible for Finance.\nExpenses\n36. The expenses of the National Data Exchange Platform shall be paid from moneys\nprovided from the funds of the National Data Exchange Platform .\nAccounts and audits\n37. (1) The Authority shall keep books of account and proper records in relation to the\nNational Data Exchange Platform in the form approved by the Auditor -General.\n(2) The Authority shall submit the accounts of the National Data Exchange Platform\nto the Auditor -General for audit within three months after the end of the financial\nyear.\n(3) The Auditor -General shall, not later than three months after the receipt of the",
|
| 33 |
+
"(2) The Authority shall submit the accounts of the National Data Exchange Platform\nto the Auditor -General for audit within three months after the end of the financial\nyear.\n(3) The Auditor -General shall, not later than three months after the receipt of the\naccounts, audit the accounts and forward a copy of the audit report to the\nMinister.\n(4) The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Act.\n(5) The financial year of the Authority and the entity that manages the National Data\nExchange Platform shall be the same as the financial year of the Government.\nTransitional and Miscellaneous Provisions\nImplementation and Pilot Scheme\n38. The implementation of this Act shall be in phases as prescribed by the Minister.\nRelationship and Integration with Existing Laws\n39. (1)This Act shall be read in conjunction with applicable laws governing data\nprotection, intellectual property, public access to information, cybersecurity, electronic\ntransactions, and any other law which confers rights or imposes obligations relating\nto the generation, use, protection, and sharing of data in Ghana, including but not\nlimited to the:\n(a) Copyright Act, 2005 (Act 690) ;\n(b) [Cybersecurity Act 20XX (Act XXXX) ];\n(c) [Data Protection Act, 20XX (Act XXXX) ];\n(d) [Electronic Communications Act, 20XX (Act XXXX )];\n(e) [Electronic Transactions Act, 20XX (Act XXXX )];\n20 (f) Ghana Standards Authority Act, 2022 (Act 1078 );\n(g) National Identification Authority Act, 2006 (Act 707)\n(h) National Signals Bureau Act, 2020 (Act 1040);",
|
| 34 |
+
"20 (f) Ghana Standards Authority Act, 2022 (Act 1078 );\n(g) National Identification Authority Act, 2006 (Act 707)\n(h) National Signals Bureau Act, 2020 (Act 1040);\n(i) Patents Act, 2003 (Act 657);\n(j) Protection Against Unfair Competition Act, 2000 (Act 589);\n(k) Right to Information Act, 2019 (Act 989) ;\n(l) Security and Intelligence Agencies Act, 2020 (Act 1030) ;\n(m) State Secrets Act, 1962 (Act 101) ;\nand shall not, except as otherwise provided in this Act, derogate from the\nprovisions of these Acts.\n(2) Where there is any conflict between this Act and any relevant enactment in\nrespect of the standardisation and sharing of data , the provisions of this Act shal l\nprevail.\n40. Repeals and Savings\n[TBD]\nRegulations\n41. The Minister may, on the recommendation of the Authority, make Regulations for the\nimplementation of this Act .\nInterpretation\n42. In this Act unless the context otherwise requires:\n\u201cAdvisory Committee \u201d means the strategic Advisory Committee established to advise\nthe Authority on the implementation of this Act ;\n\u201cAPI\u201d means an Application Programming Interface that enables the secure and\nstructured exchange of data between different systems or databases, including\nauthentication, authorisation, and data formatting protocols.\n\u201cAuthority \u201d means the National Information Technology Agency ;\n\u201cdatabase \u201d means an organised collection of relevant public interest data, whether\nstructured or unstructured , which is maintained and made available by a data\nprovider for access, exchange and use on the National Data Exchange Platform;",
|
| 35 |
+
"\u201cAuthority \u201d means the National Information Technology Agency ;\n\u201cdatabase \u201d means an organised collection of relevant public interest data, whether\nstructured or unstructured , which is maintained and made available by a data\nprovider for access, exchange and use on the National Data Exchange Platform;\n\"data consumer\" means a n artificial person or entity that accesses, uses, re -uses or\nexchanges data through the National Data Exchange Platform for any lawful\npurpose, including research, service delivery, innovation, or regulatory compliance;\n\u201cdata controller \u201d shall be construed in accordance with the [Data Protection Act, 20 XX\n(Act XXX)] and means a person who either alone, jo intly with other persons\ndetermines the purposes for and the manner in which personal data is processed or\nis to be processed ;\n\"data provider\" means a public or private entity that generates, collects, processes,\nstores or holds public interest data and makes that data available through the\nNational Data Exchange Platform in accordance with this Act;\n\u201cdata register \u201d means a catalogue created by data providers to assist with navigating\ntheir database .\n21 \u201cdata subject \u201d shall be construed in accordance with the Data Protection Act, 20XX\n(Act XXX) and means an individual who is the subject of personal data;\n\u201cdata subject rights \u201d shall be c onstrued in accordance with the [Data Protection Act,\n20XX (Act XXX) ] and means [\u2026]\n\u201cexchange \u201d means the structured, secure, and authorised transmission of data\nbetween systems, institutions, or entities for a specific permitted purpose\n\u201cforeign \u201d means, in relation to a person or entity, any person or entity that is not\nGhanaian or an entity that is not incorporated, registered, or established under the",
|
| 36 |
+
"between systems, institutions, or entities for a specific permitted purpose\n\u201cforeign \u201d means, in relation to a person or entity, any person or entity that is not\nGhanaian or an entity that is not incorporated, registered, or established under the\nlaws of Ghana.\n\"National Data Exchange Platform \" means the public digital infrastruct ure designated\nunder this Act for the secure and standardised exchange of public interest data\nbetween the public and private sectors ;\n\u201cMinister \u201d means the Minister assigned responsibility for the Ministry of\nCommunications;\n\u201cMinistry \u201d means the Ministry of Communications ;\n\"open data\" means public interest data that is not subject to any law, regulation, or\npolicy that restricts its access or use, and may be accessed, used, reused, and\ndistributed by any person without legal or technical restriction;\n\u201cpersonal data \u201d shall be construed in accordance with the Data Protection Act, 20XX\n(Act XXX) and means any information relating to an identified or identifiable natural\nperson , and includes one or a combination of the following, whether iden tified by\nmanual or automated processing:\n(a) direct identifiers such as name ; email address ; phone number, identification\nnumber ; registration number; bank account, bank or smart card number;\nphotographic or video image of face;\n(b) indirect identifiers such as an location data ; age or age -range, occupation;\njob; profession; vocation; business; workplace; title; education; voice -\nrecordings, postal code; place of birth; date of birth; marital status;\nphotographs or videos without facia l detail but identifications such as side\nviews, clothing, marks and mannerism; language preference; profiles without",
|
| 37 |
+
"recordings, postal code; place of birth; date of birth; marital status;\nphotographs or videos without facia l detail but identifications such as side\nviews, clothing, marks and mannerism; language preference; profiles without\nfacial detail but which could be attributed to a natural person by the use of\nadditional information ;\n(c) online identifiers such as IP addres s; cookies; device ID; login credentials;\nuser IDs; push notification tokens, browser history or fingerprints;\n(d) data which have undergone pseudonymisation, but which could be attributed\nto a natural person by the use of additional information should be cons idered\nto be information on an identifiable natural person ; and\n(e) one or more factors specific to the physical, physiological, mental, economic,\ncultural or social identity of that natural person ;\n\u201cparticipating institution \u201d means a data provider or data c onsumer as defined under\nthis Act ;\n\u201cprocessing \u201d shall be construed in accordance with the [Data Protection Act, 20 XX\n(Act XXXX )] and means an operation or activity or set of operations by electronic or\nother means that concerns data or personal data and the\n(a) collection, organization, adaptation or alteration of the information or data,\n22 (b) retrieval, consultation or use of the information or data ,\n(c) disclosure of the information or data by transmission, dissemination or other\nmeans available, or\n(d) alignment, combination, blocking, erasure or destruction of the information or\ndata;\n\"public interest data\" means data, whether personal or non -personal, recorded and\ndocumented in any manner and on any medium, which is collected, created,",
|
| 38 |
+
"means available, or\n(d) alignment, combination, blocking, erasure or destruction of the information or\ndata;\n\"public interest data\" means data, whether personal or non -personal, recorded and\ndocumented in any manner and on any medium, which is collected, created,\ngenerated, held or otherwise processed by public authorities, private entities, or other\ninstitutions, and is either necessary for or beneficial to public purposes, inclu ding but\nnot limited to, the provision of public services, performance of public functions,\nregulatory compliance, or national development. Public interest data shall include any\ndata prescribed as public interest data by the Minister;\n\"restricted data\" m eans public interest data of a sensitive or classified nature, for\nwhich access is limited by law, or may only be granted upon fulfilment of specified\nconditions, including the demonstration of a legitimate interest or the application of\nspecial procedures . Restricted Data includes state secrets, information relating to\nnational security, confidential business information, or other categories that the law\nexempt s from public disclosure. Restricted data shall include any data prescribed as\nrestricted data by the Minister ;\n\u201cRepublic \u201d means the Republic of Ghana;\n\u201cre-use\u201d means the use , whether commercial or non -commercial, of public interest\ndata obtained through the National Data Exchange Platform for a purpose other than\nthe initial purpose for which the data was collected ;\n\"shareable data\" means public interest data that is not classified as restricted data\nbut may only be accessed or used subject to prescribed terms, procedures, or\nconditions; and\n23\nFIRST SCHEDULE\nPart X\n(Section X)\nPublic Interest Data Classification Framework\nPublic interest data shall be classified for the purposes of this Act into \u2014\na. open data ,\nb. shareable data , and\nc. restricted data .",
|
| 39 |
+
"conditions; and\n23\nFIRST SCHEDULE\nPart X\n(Section X)\nPublic Interest Data Classification Framework\nPublic interest data shall be classified for the purposes of this Act into \u2014\na. open data ,\nb. shareable data , and\nc. restricted data .\nOpen data refers to public interest data that :\na. is not subject to any le gal, commercial, or confidentiality restrictions; and\nb. may be freely accessed, used, reused, or redistributed without requiring specific\nauthorisation.\nShareable data refers to public interest data that :\na. is not openly available to the public; but\nb. may be accessed or reused by authorised persons under specific terms, conditions or\nprocedures prescribed by law or determined by the data provider.\nRestricted data refers to public interest data :\na. which is subject to legal, contractual, or institutiona l restrictions on access, use, or\ndisclosure; or\nb. which, if disclosed, may reasonably be expected to pose a risk to national security, public\norder, individual privacy, or the rights and interests of a third party.\nThe Data Protection [Commission /Authority] is in consultation with the Authority shall\nprescribe guid elines for the classification of data\nThe Minister may, on the advice of the Authority, by legislative instrument, issue guidelines\nfor:\na. the further classification of public interest data by sector, type, sensitivity, or purpose; and\nb. the criteria for reclassification of data from one category to another, including from\nrestricted to shareable or from shareable to open, where applicable.\n24\nSECOND SCHEDULE\nPart X\n(Section X)\nLocal Participation and Local Content Requirements for the National Data Exchange\nPlatform operator"
|
| 40 |
+
]
|
assets/example_bills/data-harmonisation-bill/document.txt
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|
| 1 |
+
1 DATA HARMONISATION BILL
|
| 2 |
+
ARRANGEMENT OF SECTIONS
|
| 3 |
+
PRELIMINARY MATTERS
|
| 4 |
+
1. Application
|
| 5 |
+
2. Objectives
|
| 6 |
+
3. Guiding Principles
|
| 7 |
+
DATA SHARING AND THE NATIONAL DATA EXCHANGE PLATFORM
|
| 8 |
+
4. Establishment of the National Data Exchange Platform
|
| 9 |
+
5. Data Sharing Obligations
|
| 10 |
+
6. Data Providers
|
| 11 |
+
7. Data Exchange Framework
|
| 12 |
+
8. System Integration and API Governance
|
| 13 |
+
9. Data Security
|
| 14 |
+
10. Data Quality Requirements
|
| 15 |
+
11. Audit Trails and Logging
|
| 16 |
+
12. Oversight and Accountability
|
| 17 |
+
GOVERNANCE FRAMEWORK
|
| 18 |
+
13. Oversight Authority
|
| 19 |
+
14. Functions of the Authority
|
| 20 |
+
15. Data Harmonisation Advisory Committee
|
| 21 |
+
ACCESS AND USE OF THE NATIONAL DATA EXCHANGE PLATFORM
|
| 22 |
+
16. Data Access
|
| 23 |
+
17. Onboarding and Access Control Protocols
|
| 24 |
+
18. Cross -Border Transfers
|
| 25 |
+
DATA PROTECTION
|
| 26 |
+
19. Data Subject Rights
|
| 27 |
+
20. Obligations of Data Controllers and Data Processo rs
|
| 28 |
+
COMPLIANCE AND ENFORCEMENT
|
| 29 |
+
21. Compliance Monitoring
|
| 30 |
+
22. Reporting Requirements
|
| 31 |
+
23. Offences and Penalties
|
| 32 |
+
24. Administrative Sanctions
|
| 33 |
+
25. Dispute Resolution
|
| 34 |
+
26. Dispute Resolution Committee
|
| 35 |
+
27. Powers of the Dispute Resolution Committee
|
| 36 |
+
28. Resolution of Referred Disputes
|
| 37 |
+
DATA HARMONISATION TRIBUNAL
|
| 38 |
+
29. Establishment of the Data Harmonisation Tribunal
|
| 39 |
+
30. Composition of the Tribunal
|
| 40 |
+
2 31. Rules of Procedure of the Tribunal
|
| 41 |
+
32. Right of Appeal
|
| 42 |
+
33. Decisions of the Tribunal
|
| 43 |
+
FINANCIAL PROVISIONS
|
| 44 |
+
34. Fees
|
| 45 |
+
35. Sources of Funds
|
| 46 |
+
36. Expenses
|
| 47 |
+
37. Accounts and audits
|
| 48 |
+
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
|
| 49 |
+
38. Implementation and Pilot Scheme
|
| 50 |
+
39. Relationship and Integration with Existing Laws
|
| 51 |
+
40. Repeals and Savings
|
| 52 |
+
41. Regulations
|
| 53 |
+
42. Interpretation
|
| 54 |
+
SCHEDULES
|
| 55 |
+
FIRST SCHEDULE
|
| 56 |
+
Public Interest Data Classification Framework
|
| 57 |
+
SECOND SCHED ULE
|
| 58 |
+
Local Participation and Local Content Requirements
|
| 59 |
+
3
|
| 60 |
+
A BILL ENTITLED
|
| 61 |
+
THE DATA HARMONISATION ACT, 20XX (ACT XXXX)
|
| 62 |
+
AN ACT to promote data harmonisation, standardisation and exchange to enhance data
|
| 63 |
+
governance, enable efficient public service delivery, and safeguard data rights and to provide
|
| 64 |
+
for related matters .
|
| 65 |
+
DATE OF ASSENT :
|
| 66 |
+
PASSED by Parliament and assented to by the President:
|
| 67 |
+
Preliminary Matters
|
| 68 |
+
Application of this Act
|
| 69 |
+
1. (1) This Act applies to all public interest data and all holders of public interest data .
|
| 70 |
+
(2) Without limiting subsection (1), this Act applies to:
|
| 71 |
+
(a) all public sector institutions, including ministries, departments, agencies, and
|
| 72 |
+
statutory bodies, that collect, generate, process, store or hold public interest
|
| 73 |
+
data;
|
| 74 |
+
(b) all private sector entities that generate, collect, store, or otherwise control or
|
| 75 |
+
proce ss public interest data in connection with a public function, a regulatory
|
| 76 |
+
obligation, or the provision of goods or services;
|
| 77 |
+
(c) any person or institution granted access to the National Data Exchange
|
| 78 |
+
Platform under this Act ; and
|
| 79 |
+
(d) any category of persons whom the Minister shall designate .
|
| 80 |
+
(3) This Act shall not compel the mandatory sharing of any information classified as
|
| 81 |
+
restricted data, or any other information whose disclosure would endanger
|
| 82 |
+
national security, defen ce, or public safety.
|
| 83 |
+
Objective s of the Act
|
| 84 |
+
2. The purpose of this Act is to establish a legal and institutional framework for the
|
| 85 |
+
harmonisation, sharing and use of public interest data, through a secure data
|
| 86 |
+
exchange infrastructure, to support efficient public administration and national
|
| 87 |
+
development. The objectives of this Act are to:
|
| 88 |
+
(a) promote coordinated and harmonised data governance across public and
|
| 89 |
+
private institutions;
|
| 90 |
+
(b) improve the quality, accessibility, interconnected ness and interoperability of
|
| 91 |
+
public interest data ;
|
| 92 |
+
(c) provide the legal mandate f or the sharing of public interest data;
|
| 93 |
+
(d) enable the lawful and secure sharing of public interest data across institutional
|
| 94 |
+
and sectoral boundaries;
|
| 95 |
+
(e) support innovation, competition, research, and evidence -based policy making
|
| 96 |
+
by enabling lawful access to publ ic interest data;
|
| 97 |
+
(f) protect the public from fraud, misinformation, and other risks arising from poor
|
| 98 |
+
data management and fragmented information systems; and
|
| 99 |
+
(g) ensure that public interest data is governed in accordance with national
|
| 100 |
+
values, applicable standard s, and international best practices .
|
| 101 |
+
4
|
| 102 |
+
Guiding Principles
|
| 103 |
+
3. The implementation of this Act shall be guided by the following principles:
|
| 104 |
+
(a) data integrity, public interest data must be consistent , accurate and reliable ;
|
| 105 |
+
(b) data standardisation, there must be common formats, definitions and
|
| 106 |
+
classifications used across databases to enable exchange of information and
|
| 107 |
+
comparability ;
|
| 108 |
+
(c) data democratisation, public interest data must be accessible and readily
|
| 109 |
+
available for use across sectors;
|
| 110 |
+
(d) interoperability, systems and institutions must be able to interpret, use, and
|
| 111 |
+
exchange data seamlessly through the appropriate standards and protocols;
|
| 112 |
+
(e) reusability, redundant data collection must be avoided ; where applicable, the
|
| 113 |
+
same data should be collected once only and re-used appropriately across
|
| 114 |
+
institutions ;
|
| 115 |
+
(f) security, access to public interest data should be as open as possible, but as
|
| 116 |
+
closed as necessary; the right to access data must be balanced with the
|
| 117 |
+
privacy and safety of citizens and the security of the Republ ic;
|
| 118 |
+
(g) optimisation, data sharing and system integration should support the delivery
|
| 119 |
+
of timely, efficient and citizen -centred public services; and
|
| 120 |
+
(h) transparency, the collection, access and use of public interest data should be
|
| 121 |
+
forthright and promote accountabi lity and public trust .
|
| 122 |
+
Data Sharing and the National Data Exchange Platform
|
| 123 |
+
Establishment of the National Data Exchange Platform
|
| 124 |
+
4. (1) There is established by this Act the National Data Exchange Platform , a public
|
| 125 |
+
digital infrastructure for the secure, standardised and interoperable exchange of public
|
| 126 |
+
interest data .
|
| 127 |
+
(2) The National Data Exchange Platform shall operate as the central national
|
| 128 |
+
infrastructure for the provision and exchange of public interest data held by public
|
| 129 |
+
institutions and eligible private entities, specifically comprising open data and
|
| 130 |
+
shareable data.
|
| 131 |
+
(3) The National Data Exchange Platform shall:
|
| 132 |
+
(a) facilitate the lawful sharing , exchange and re -use of public interest data in
|
| 133 |
+
accordance with this Act;
|
| 134 |
+
(b) support machine -readable access to public interest data through standardised
|
| 135 |
+
APIs and related technologies;
|
| 136 |
+
(c) support accessi bility to public intere st data and the interoperability of
|
| 137 |
+
databases;
|
| 138 |
+
(d) facilitate the onboarding of data providers and data consumers; and
|
| 139 |
+
(e) promote transparency in the access and management of public interest data .
|
| 140 |
+
(4) The National Data Exchange Platform shall be held by the Republic through the
|
| 141 |
+
Ministry.
|
| 142 |
+
(5) The technical operation, configuration, administration and maintenance of the
|
| 143 |
+
National Data Exchange Platform shall be managed and supervised by the
|
| 144 |
+
Authority in accordance with the policy direction and objectives prescribed by the
|
| 145 |
+
Minister .
|
| 146 |
+
(6) The i nstallation and day -to-day operations of the National Data Exchange Platform
|
| 147 |
+
shall at all times be managed by an ent ity registered under the laws of Ghana and
|
| 148 |
+
5 subject to the local content and local participation requirements prescribed by the
|
| 149 |
+
Authority.
|
| 150 |
+
(7) The Minister may prescribe requirements and procedures for the administration of
|
| 151 |
+
the National Data Exchange Platform .
|
| 152 |
+
Data Sharing Obligation s
|
| 153 |
+
5. (1) All holders of public interest data shall identify and classify the public interest data
|
| 154 |
+
they hold as either open data, shareable data or restricted data in accordance with
|
| 155 |
+
Schedule 1 of this Act .
|
| 156 |
+
(2) The Minister may from time to time prescribe additional classifications of public
|
| 157 |
+
interest data.
|
| 158 |
+
(3) All open data holders shall provide access to such open data via the National
|
| 159 |
+
Data Exchange Platform in accordance with this Act and any directives issued
|
| 160 |
+
under it.
|
| 161 |
+
(4) Shareable data holders shall provide access to sharea ble data via the National
|
| 162 |
+
Data Exchange Platform upon the fulfilment of the relevant conditions required to
|
| 163 |
+
access that shareable data.
|
| 164 |
+
(5) Shareable data holders shall clearly define and make transparent any conditions,
|
| 165 |
+
procedures or terms which need to be met to access the shareable data.
|
| 166 |
+
(6) Nothing in this section shall be construed to require the sharing of data classified
|
| 167 |
+
as restricted, except as may be authoris ed under this Act or any other applicable
|
| 168 |
+
law.
|
| 169 |
+
(7) A holder of public interest data who fails to provide access in contravention of this
|
| 170 |
+
section commits an offence and shall be liable upon summary conviction to a fine
|
| 171 |
+
of not less than two hundred penalty unit s and not more than ten thousand penalty
|
| 172 |
+
units .
|
| 173 |
+
Data Providers
|
| 174 |
+
6. (1) A holder of public interest data may be designated as a data provider under this Act
|
| 175 |
+
and shall be onboarded onto the National Data Exchange Platform .
|
| 176 |
+
(2) A person shall qualify as a data provider if that person:
|
| 177 |
+
(a) is a public body or private entity or institution that holds public interest data;
|
| 178 |
+
or
|
| 179 |
+
(b) performs a statutory, regulatory, or public service function involving the
|
| 180 |
+
generation or management of public interest data; and
|
| 181 |
+
(c) meets the eligib ility criteria prescribed by the Authority.
|
| 182 |
+
(3) Without limiting the provisions of subsection (2) above, the Minister may designate
|
| 183 |
+
entities, bodies, systems, organisations and institutions as data providers.
|
| 184 |
+
(4) The Authority shall, in consultation with the Advisory Committee , prescribe the
|
| 185 |
+
criteria and procedures for determining eligibility as a data provider and the
|
| 186 |
+
responsibilities of approved data providers in their operation s on the National Data
|
| 187 |
+
Exchange Platform .
|
| 188 |
+
(5) The Authority shall issue guidelines on the process and technical requirements for
|
| 189 |
+
onboarding and integration with the National Data Exchange Platform .
|
| 190 |
+
6
|
| 191 |
+
(6) A data provider shall:
|
| 192 |
+
(a) ensure the accuracy and completeness of the ir database provided;
|
| 193 |
+
(b) apply the appropriate classification, specifications and format requirements as
|
| 194 |
+
prescribed under this Act;
|
| 195 |
+
(c) implement appropriate security and technical measures, access controls and
|
| 196 |
+
data protection measures as required under this Act or any other applicable
|
| 197 |
+
law; and
|
| 198 |
+
(d) maintain internal processes to support tim ely and efficient data exchange in
|
| 199 |
+
accordance with this Act and any Regulations, directives or guid elines issued
|
| 200 |
+
under this Act .
|
| 201 |
+
(7) The Authority shall, in consultation with relevant sector regulators, maintain a
|
| 202 |
+
register of approved data providers .
|
| 203 |
+
Data Exchange Framework
|
| 204 |
+
7. (1) Data providers shall grant access to their databases in a file format which is
|
| 205 |
+
structured , machine -readable and compatible with the National Data Exchange
|
| 206 |
+
Platform to allow software applications to easily identify, recognise and extr act specific
|
| 207 |
+
data.
|
| 208 |
+
(2) The Authority shall, in consultation with the Advisory Committee , prescribe
|
| 209 |
+
technical and operational standards, including but not limited to:
|
| 210 |
+
(a) the use of standardised data formats across all databases ;
|
| 211 |
+
(b) the adoption of sector -appropriate data exchange formats, including but not
|
| 212 |
+
limited to XML and JSON;
|
| 213 |
+
(c) connectivity protocols that ensure secure, real -time, or scheduled data
|
| 214 |
+
transmission;
|
| 215 |
+
(d) the application of sector -specific classification systems, taxonomies, and
|
| 216 |
+
data dicti onaries;
|
| 217 |
+
(e) the use of unique identifiers across sectors to ensure traceability and data
|
| 218 |
+
deduplication; and
|
| 219 |
+
(f) metadata standards, classification levels, and tagging practices for all public
|
| 220 |
+
interest data.
|
| 221 |
+
(3) The Authority shall prescribe the technical specificati ons referenced under
|
| 222 |
+
subsection (2) and update them periodically to reflect international best practices
|
| 223 |
+
and emerging technologies.
|
| 224 |
+
(4) Where conversion of public interest data into the prescribed digital format is
|
| 225 |
+
impossible or would involve a disproportiona te effort, the data provider shall
|
| 226 |
+
consult with the Authority to determine an appropriate alternative prior to their
|
| 227 |
+
onboarding.
|
| 228 |
+
System Integration and API Governance
|
| 229 |
+
8. (1) A data provider shall ensure that all data sharing occurs through secure,
|
| 230 |
+
standard ised, and auditable APIs, as prescribed by the Authority in consultati on with
|
| 231 |
+
the Ghana Standards Authority .
|
| 232 |
+
(2) The Authority shall prescribe technical specifications on:
|
| 233 |
+
(a) API architecture, protocols, and endpoints to ensure system -wide
|
| 234 |
+
interoperability;
|
| 235 |
+
(b) authentication and authorisation mechanisms, including the use of digital
|
| 236 |
+
credentials, access tokens, and role -based permissions;
|
| 237 |
+
7 (c) encryption requirements for data in transit and at rest to preserve
|
| 238 |
+
confidentiality and integrity;
|
| 239 |
+
(d) tracking, logging, and audi t mechanisms for each data request and response
|
| 240 |
+
exchanged via the National Data Exchange Platform ;
|
| 241 |
+
(e) implementation of tiered access or safeguard measures for sensitive data
|
| 242 |
+
requiring limited or controlled disclosure ; and
|
| 243 |
+
(f) any other specifications that the Authority may deem relevant.
|
| 244 |
+
(3) A data provider shall comply with all specifications provided by the Authority in
|
| 245 |
+
accordance with sub section (2) and shall implement robust internal policies and
|
| 246 |
+
procedures to protect and safeguard access to their API keys to prevent
|
| 247 |
+
unauthorised use.
|
| 248 |
+
(4) A data provider who intentionally , recklessly or by gross negligence fails to prevent
|
| 249 |
+
API exposure and unauthorised access is subject to an administrative penalty of up
|
| 250 |
+
to ten thousand penalty units.
|
| 251 |
+
(5) A data provider shall not e xpose or allow access to any database through the
|
| 252 |
+
National Data Exchange Platform unless the relevant API integration has been
|
| 253 |
+
tested and approved by the Authority or a body designated by the Authority.
|
| 254 |
+
(6) A data provider who fails to comply with subsection (5) commits an offence and shall
|
| 255 |
+
be liable upon summary conviction to a fine of not less than five hundred penalty
|
| 256 |
+
units and not more than fifty thousand penalty units .
|
| 257 |
+
(7) The Authority may, in addition to the penalty under subsection (6), impose an
|
| 258 |
+
administrative penalty of up to one thousand penalty units.
|
| 259 |
+
(8) The Authority shall monitor API performance, integrity, and security on a continuous
|
| 260 |
+
basis, and may issue technical updates or revoke access where necessary to
|
| 261 |
+
ensure compliance with this Act .
|
| 262 |
+
Data Security
|
| 263 |
+
9. (1) A data provider shall implement appropriate technical and organisational measures
|
| 264 |
+
to ensure the confidentiality, integrity, security and continuous availability of the public
|
| 265 |
+
interest data they share through the National Data Exchange Pla tform .
|
| 266 |
+
(2) Without limiting subsection (1) or any other obligations of data providers under this
|
| 267 |
+
agreement, a data provider shall:
|
| 268 |
+
(a) establish role-based access controls and user authentication protocols to
|
| 269 |
+
prevent unauthorised access to the database;
|
| 270 |
+
(b) ensure encryption of data in transit and at rest, using standards prescribed by
|
| 271 |
+
the Authority;
|
| 272 |
+
(c) maintain routine backup systems for the database ;
|
| 273 |
+
(d) implement business continuity and disaster recovery measures to minimise
|
| 274 |
+
disruption in the event of system failure or compromise; and
|
| 275 |
+
(e) maintain internal controls and procedures for identifying, reporting, and
|
| 276 |
+
responding to security incident s.
|
| 277 |
+
(3) The Authority may, in consultation with the Cyber Security Authority , Data
|
| 278 |
+
Protection Commission and any other relevant government agencies , issue
|
| 279 |
+
guidelines or directives specifying minimum security standards for data providers
|
| 280 |
+
and data consumers.
|
| 281 |
+
8 (4) The Authority may prescribe different data security benchmarks for specific
|
| 282 |
+
sectors or databases , taking into account the nature, use, a nd sensitivity of the
|
| 283 |
+
data.
|
| 284 |
+
(5) A data provider shall, upon request, furnish the Authority with evidence of the
|
| 285 |
+
internal procedures and systems in place to ensure data security in accordance
|
| 286 |
+
with this section.
|
| 287 |
+
(6) A data provider shall notify the Authority promptly of any actual or suspected
|
| 288 |
+
breach, compromise, or unauthorised access affecting its database, and in any
|
| 289 |
+
case , no later than within seventy -two ( 72) hours of discovery :
|
| 290 |
+
(a) where the breach is of a nature affect ing personal data, then the data
|
| 291 |
+
provider shall additionally notify the Data Protection Commission in
|
| 292 |
+
accordance with the provisions of the [Data Protectio n Act 20XX, (Act
|
| 293 |
+
XXX) ].
|
| 294 |
+
(b) where the bre ach is of a nature involving cybersecurity -related matters
|
| 295 |
+
then the data provider shall additionally notify the Cybersecurity Authority
|
| 296 |
+
within twenty -four (24) hours of detection in accordance with the
|
| 297 |
+
[Cybersecurity Act 20XX, (Act XXX) ];
|
| 298 |
+
(7) The form and manner of notification in subsection ( 6) and the immediate steps to
|
| 299 |
+
be implemented after notification shall be prescribed by the Authority .
|
| 300 |
+
(8) A data provider who fails to comply with this section 9 commits an offence and
|
| 301 |
+
shall be liable upon summary conviction to a fine of not less than five hundred
|
| 302 |
+
penalty units a nd not more than fifty thousand penalty units.
|
| 303 |
+
(9) The Authority may, in addition to the penalty under subsection (8), impose an
|
| 304 |
+
administrative penalty of up to ten thousand penalty units.
|
| 305 |
+
Data Quality Requirements
|
| 306 |
+
10. (1) A data provider shall ensure that all databases made available through the National
|
| 307 |
+
Data Exchange Platform meet the quality standards prescribed by the Authority.
|
| 308 |
+
(2) For the purposes of subsection (1), a data provider shall:
|
| 309 |
+
(a) maintain the accuracy and completeness of public interest data contained in
|
| 310 |
+
its databases;
|
| 311 |
+
(b) eliminate duplicate records and ensure data consistency across systems;
|
| 312 |
+
(c) establish procedures for regular updates, corrections, and verification of data
|
| 313 |
+
entries; and
|
| 314 |
+
(d) where appropriate, impleme nt version control mechanisms to track changes
|
| 315 |
+
and ensure the integrity of historical records.
|
| 316 |
+
(3) The Authority may prescribe different data quality benchmarks for specific sectors
|
| 317 |
+
or categories of data, taking into account the nature, use, and sensitivity o f the
|
| 318 |
+
data.
|
| 319 |
+
(4) A data provider shall, upon request, furnish the Authority with evidence of the
|
| 320 |
+
internal procedures and systems in place to ensure data quality in accordance with
|
| 321 |
+
this section .
|
| 322 |
+
Audit Trails and Logging
|
| 323 |
+
11. (1) A data provider shall implement and maintain audit trails and logging mechanisms
|
| 324 |
+
for every access, transmission, or modification of public interest data through the
|
| 325 |
+
National Data Exchange Platform .
|
| 326 |
+
9
|
| 327 |
+
(2) The audit trails and logs shall, at a minimum :
|
| 328 |
+
(a) record the identity of the data consumer or sy stem initiating the access or
|
| 329 |
+
request;
|
| 330 |
+
(b) specify the nature, date, time, and outcome of the transaction;
|
| 331 |
+
(c) indicate the database and category or classification of data accessed or
|
| 332 |
+
exchanged; and
|
| 333 |
+
(d) capture any anomalies, access failures, or unauthorised attempts .
|
| 334 |
+
(3) Audit logs shall be :
|
| 335 |
+
(a) securely stored in tamper -evident form;
|
| 336 |
+
(b) encrypted and protected from unauthorised access or deletion; and
|
| 337 |
+
(c) retained for a minimum of five (5) years, or such other period as may be
|
| 338 |
+
prescribed by the Authority .
|
| 339 |
+
(4) The Authority may :
|
| 340 |
+
(a) cond uct periodic reviews of audit trails for compliance monitoring or technical
|
| 341 |
+
assessment;
|
| 342 |
+
(b) require the submission of logs by data providers to support investigations, verify
|
| 343 |
+
system integrity, or assess suspected misuse; and
|
| 344 |
+
(c) issue directives regarding the form at, storage, or transmission of audit logs.
|
| 345 |
+
(5) A data provider shall establish internal protocols for monitoring and analysing audit
|
| 346 |
+
trails to detect unusual activity, prevent abuse, and support incident response.
|
| 347 |
+
Oversight and Accountability
|
| 348 |
+
12. (1) The Authority shall monitor and enforce compliance with this Act, and may take
|
| 349 |
+
appropriate enforcement action s against any data provider or data consumer who fails
|
| 350 |
+
to meet their obligations under this Act.
|
| 351 |
+
(2) In carrying out its oversight function, the Authority shall issue guidelines,
|
| 352 |
+
directives, and notices to ensure the proper functioning of the National Data
|
| 353 |
+
Exchange Platform .
|
| 354 |
+
(3) The Authority shall consult the Advisory Committee and other relevant
|
| 355 |
+
stakeholders in matters of joint oversight or technica l coordination.
|
| 356 |
+
(4) A data provider shall submit periodic reports on their performance on the National
|
| 357 |
+
Data Exchange Platform and their compliance with this Act. The form and
|
| 358 |
+
frequency of the reports shall be determined by the Authority.
|
| 359 |
+
(5) The Authority shall publish an annual report detailing performance indicators and
|
| 360 |
+
other key metrics of the National Data Exchange Platform and other relevant
|
| 361 |
+
information to promote transparency.
|
| 362 |
+
(6) Each data provider shall:
|
| 363 |
+
(a) appoint a designated officer responsible for ensuring compliance with the
|
| 364 |
+
obligations under this Act;
|
| 365 |
+
(b) respond to queries or directives issued by the Authority within the prescribed
|
| 366 |
+
timelines; and
|
| 367 |
+
(c) take corrective actions directed by the Authority promptly where deficiencies
|
| 368 |
+
are identified.
|
| 369 |
+
Governance Framework
|
| 370 |
+
10 Oversight Authority
|
| 371 |
+
13. The Authority shall be responsible for overseeing the implementation and
|
| 372 |
+
enforcement of this Act .
|
| 373 |
+
Functions of the Authority
|
| 374 |
+
14. The functions of the Authority include but are not limited to:
|
| 375 |
+
(a) overseeing the establishment and maintenance of the National Data
|
| 376 |
+
Exchange Platform ;
|
| 377 |
+
(b) ensuring the operational integrity, accessibility and efficiency of the National
|
| 378 |
+
Data Exchange Platform ;
|
| 379 |
+
(c) overseeing compliance with the provisions of this Act and any subs idiary
|
| 380 |
+
legislation , regulations, directives, guidelines or notices issued under this Act;
|
| 381 |
+
(d) developing, issuing and updating technical, operational and security
|
| 382 |
+
guidelines in consultation with the Advisory Committee ;
|
| 383 |
+
(e) overseeing the onboarding, registration, and monitoring of data providers and
|
| 384 |
+
data consumers;
|
| 385 |
+
(f) maintaining a register of data providers and data consumers connected to
|
| 386 |
+
the National Data Exchange Platform ;
|
| 387 |
+
(g) collaborating with relevant stakeholders to ensure alignment with national
|
| 388 |
+
policies and frame works;
|
| 389 |
+
(h) coordinating with other regulatory bodies to ensure alignment with applicable
|
| 390 |
+
laws, including but not limited to laws on data protection , cybersecurity ,
|
| 391 |
+
standardisation and open banking ;
|
| 392 |
+
(i) issuing and enforcing administrative directives, notices or sa nctions as
|
| 393 |
+
provided under this Act;
|
| 394 |
+
(j) investigat ing and resolv ing disputes ;
|
| 395 |
+
(k) coordinating capacity building, stakeholder engagement, and public
|
| 396 |
+
education on data harmonisation and the National Data Exchange Platform ;
|
| 397 |
+
and
|
| 398 |
+
(l) advising the Minister on policy implementation matters under this Act.
|
| 399 |
+
Data Harmonisation Advisory Committee
|
| 400 |
+
15. (1) There is established by this Act a Data Harmonisation Advisory Committee to
|
| 401 |
+
provide operational insight, discuss cross -sectoral matters on data harmonisation
|
| 402 |
+
and provid e strategic advice to support the Authority in the effective performance of
|
| 403 |
+
its functions .
|
| 404 |
+
(2) The Committee shall be composed of:
|
| 405 |
+
(a) the Minister;
|
| 406 |
+
(b) a representative of the National Information Technology Agency not below
|
| 407 |
+
the rank of a director ;
|
| 408 |
+
(c) a representative of the Bank of Ghana not below the rank of director ;
|
| 409 |
+
(d) a representative of the Cyber Security Authority not below the rank of a
|
| 410 |
+
director ;
|
| 411 |
+
(e) a representative of the Data Protection Commission not below the rank of a
|
| 412 |
+
director ;
|
| 413 |
+
(f) a representative of the Ghana Stand ards Authority not below the rank of a
|
| 414 |
+
director or its functional equivalent;
|
| 415 |
+
(g) a representative of the Ghana Statistical Service not below the rank of a
|
| 416 |
+
director or its functional equivalent ;
|
| 417 |
+
(h) a representative of the National Communications Authority not bel ow the
|
| 418 |
+
rank of a director ;
|
| 419 |
+
(i) a representative of the National Identification Authority not below the rank of
|
| 420 |
+
a director or its functional equivalent ;
|
| 421 |
+
11 (j) a senior officer of the [National Intelligence Bureau/ National Security
|
| 422 |
+
Council ];
|
| 423 |
+
(k) a representative of the Office of the Registrar of Companies not below the
|
| 424 |
+
rank of a director or its functional equivalent ;
|
| 425 |
+
(l) two persons from the private sector with expertise in data management, data
|
| 426 |
+
architecture, data analysis, standards engineering, ICT or digital services;
|
| 427 |
+
and
|
| 428 |
+
(m) one representative of civil society with experience in data protection,
|
| 429 |
+
intellectual property or digital rights.
|
| 430 |
+
(3) The members of the Committee shall be appointed by the Minister on the
|
| 431 |
+
recommendation of the respective institutions and at least three ( 3) of the
|
| 432 |
+
representatives shall be women .
|
| 433 |
+
(4) The Minister shall be C hairperson of the Advisory Committee .
|
| 434 |
+
(5) The Committee shall meet at least once every six months and may hold
|
| 435 |
+
extraordinary meetings:
|
| 436 |
+
(a) at the request of the Chairperson; or
|
| 437 |
+
(b) upon the written request of not less than one -third of the members of the
|
| 438 |
+
Advisory Committee.
|
| 439 |
+
(6) The Advisory Committee shall provide practical guidance on the implementation
|
| 440 |
+
of this Act only and shall not exercise any executive, regulatory or operational
|
| 441 |
+
authority under thi s Act.
|
| 442 |
+
(7) The Committee shall advise the Authority on :
|
| 443 |
+
(a) strategic direction and long -term planning for data exchange and
|
| 444 |
+
harmonisation;
|
| 445 |
+
(b) stakeholder coordination and multi -agency alignment;
|
| 446 |
+
(c) phased implementation of the Act and any practical challenges ;
|
| 447 |
+
(d) cross -sector engagements and feedback;
|
| 448 |
+
(e) drafting of guidelines under the Act;
|
| 449 |
+
(f) standards for interoperability and integration; and
|
| 450 |
+
(g) any other matters as may be referred to it by the Authority or the Minister.
|
| 451 |
+
(8) The term of office of a member of the Committee is four years , and a member is
|
| 452 |
+
eligible for reappointment for another term only.
|
| 453 |
+
Access and Use of the National Data Exchange Platform
|
| 454 |
+
Data Access
|
| 455 |
+
16. (1) A person approved by the Authority as a data consumer may access public
|
| 456 |
+
interest data through the National Data Exchange Platform in accordance with this
|
| 457 |
+
Act.
|
| 458 |
+
(2) Access to data on the National Data Exchange Platform shall be granted for the
|
| 459 |
+
following permitted purposes:
|
| 460 |
+
(a) delivery of public services or performance of statutory functions;
|
| 461 |
+
(b) research, innovat ion, and academic development;
|
| 462 |
+
(c) statistical analysis and evidence -based policymaking;
|
| 463 |
+
(d) detection and prevention of fraud, financial crime or other unlawful conduct;
|
| 464 |
+
(e) regulatory compliance, oversight and supervision functions; or
|
| 465 |
+
(f) any other lawful purpose s approved by the Authority in consultation with the
|
| 466 |
+
Minister .
|
| 467 |
+
12
|
| 468 |
+
(3) A person seeking approval as a data consumer shall apply to the Authority for
|
| 469 |
+
authorisation. The application shall be made in a manner prescribed by the
|
| 470 |
+
Authority and at a minimum, must:
|
| 471 |
+
(a) identify the applicant and describe the purpose for which access is required;
|
| 472 |
+
(b) specify the public interest data for which access is being requested,
|
| 473 |
+
including any intended re -use or onward sharing;
|
| 474 |
+
(c) disclose the applicant ’s legal basis or authorisation for accessing the data,
|
| 475 |
+
where applicable;
|
| 476 |
+
(d) include high -level information on its technical systems for the purpose of
|
| 477 |
+
assessment for integration;
|
| 478 |
+
(e) comply with any other conditions prescribed by the Authority , including the
|
| 479 |
+
payment of prescribed fees .
|
| 480 |
+
(4) A person seeking app roval as a data consumer shall be a legal entity or body
|
| 481 |
+
corporate and shall not be a natural person.
|
| 482 |
+
(5) Upon approval, a data consumer shall be granted access credentials to the
|
| 483 |
+
National Data Exchange Platform for a period of one (1) year and assigned a data
|
| 484 |
+
access tier in accordance with their authorisation level.
|
| 485 |
+
(6) A data consumer may, upon expiration of their credentials, apply to the Authority
|
| 486 |
+
for a renewal of their subscription in the prescribed form. The Authority may
|
| 487 |
+
request additional up -to-date information from the applicant prior to granting a
|
| 488 |
+
renewal.
|
| 489 |
+
(7) A person who unlawfully or without the proper authorisation accesses databases
|
| 490 |
+
on the National Data Exchange Platform commits an offence and shall be liable
|
| 491 |
+
upon summary conviction to a fine of not less than one thousand penalty units and
|
| 492 |
+
not more than one hundred thousand penalty units or a term of imprisonment of
|
| 493 |
+
not more than five years or both.
|
| 494 |
+
(8) The Authority may, in addition to the penalty under subsection (7), impose an
|
| 495 |
+
administrative penalty of up to ten thousand penalty units.
|
| 496 |
+
(9) Data consumers may be required to enter data use agreements as a precondition
|
| 497 |
+
to accessing shareable data or restricted data.
|
| 498 |
+
(10) Data consumers shall not re -use data obtained through the National Data
|
| 499 |
+
Exchange Platform in a manner that duplicates or directly competes with the
|
| 500 |
+
service offered by the data provider whose database they accessed .
|
| 501 |
+
(11) Data consumers shall not re -use personal data except in a manner that has been
|
| 502 |
+
consented to by the data subject or is otherwise pe rmitted by law.
|
| 503 |
+
(12) A data consumer that contravenes subsections ( 10) and ( 11) commits an offence
|
| 504 |
+
and is liable on summary conviction to a fine of not less than five thousand
|
| 505 |
+
penalty units and not more than fifty thousand penalty units .
|
| 506 |
+
(13) The Authority shall, in consultation with the Advisory Committee, issue guidelines
|
| 507 |
+
on the permitted re -use of data.
|
| 508 |
+
(14) A person who purchases or sells, attempts to purchase or sell, or does any act
|
| 509 |
+
with the intent to purchase or sell data obtained through the National Data
|
| 510 |
+
Excha nge Platform , except as otherwise approved by the Authority, commits an
|
| 511 |
+
13 offence and is liable upon summary conviction to a fine of not less than five
|
| 512 |
+
thousand penalty units and not more than one hundred thousand penalty units or
|
| 513 |
+
a term of imprisonment of not more than seven years or both .
|
| 514 |
+
(15) A data provider shall maintain and submit to the Authority, in the form and
|
| 515 |
+
manner prescribed by the Authority, a data register cataloguing the public
|
| 516 |
+
interest data available through its database to promote ease of access . The data
|
| 517 |
+
register shall indicate:
|
| 518 |
+
(a) the public interest data available on the data provider ’s database;
|
| 519 |
+
(b) the classification of such data as open, shareable or restricted;
|
| 520 |
+
(c) for restricted or shareable data, any conditions or protoco ls required for the
|
| 521 |
+
disclosure of that data;
|
| 522 |
+
(d) the fees required to access their da tabase , where applicable; and
|
| 523 |
+
(e) any other information prescribed by the Authority.
|
| 524 |
+
(16) The Authority may refuse to grant an application where:
|
| 525 |
+
(a) the applicant fails to satisfy the applicable eligibility, legal, or technical
|
| 526 |
+
requirements;
|
| 527 |
+
(b) the data requested is classified as restricted and the applicant does not
|
| 528 |
+
possess the necessary clearance ;
|
| 529 |
+
(c) granting access may compromise national security, public safety, or data
|
| 530 |
+
integrity; or
|
| 531 |
+
(d) the request is otherwise inconsistent with the objectives of this Act.
|
| 532 |
+
(17) In the event of refusal, the Authority shall notify the applicant of the reasons for
|
| 533 |
+
the refusal.
|
| 534 |
+
(18) An international organisation or a foreign entity operating in Ghana may apply
|
| 535 |
+
for access to the National Data Exchange Platform through the Authority .
|
| 536 |
+
Applications for foreign data consumers shall be subject to additional conditions
|
| 537 |
+
prescribed by the Authority, and must be approved by the Minister.
|
| 538 |
+
(19) The Authority shall submit a list of all foreign data consumer applications that
|
| 539 |
+
have satisfied the prescribed additional criteria to the Minister for final approval
|
| 540 |
+
on a quarterly basis.
|
| 541 |
+
Onboarding and Access Control Protocols
|
| 542 |
+
17. (1) The Authority shall establish a process for onboarding data consumers which may
|
| 543 |
+
include the payment of any applicable onboarding or service fees.
|
| 544 |
+
(2) The Authority shall implement access control protocols to govern the scope and
|
| 545 |
+
level of access granted to each data consumer.
|
| 546 |
+
(3) A data consumer shall not access any database or transmit data beyond the
|
| 547 |
+
level or purpose for which access has been granted. The Authority may suspend
|
| 548 |
+
or revoke access for any data consumers who fail to comply with this section.
|
| 549 |
+
(4) Data consumers who contrav ene subsection (3) commit an offence and shall be
|
| 550 |
+
liable upon summary conviction to a fine of not less than five hundred penalty
|
| 551 |
+
units and not more than fifty thousand penalty units.
|
| 552 |
+
(5) The Authority may, in addition to the penalties under subsections (3) an d (4),
|
| 553 |
+
impose an administrative penalty of up to five hundred penalty units.
|
| 554 |
+
14 Cross -Border Transfers
|
| 555 |
+
18. (1) The transfer of public interest data through the National Data Exchange Platform
|
| 556 |
+
to data consumers outside the jurisdiction of Ghana is permitted only in accordance
|
| 557 |
+
with the provisions of this Act.
|
| 558 |
+
(2) Cross -border transfers pursuant to subsection (1) shall:
|
| 559 |
+
(a) be in compliance with the [Data Protection Act, 20XX(Act XXX) ] and other
|
| 560 |
+
applicable laws;
|
| 561 |
+
(b) comply with any safeguards, protocols or limitations prescribed under this Act
|
| 562 |
+
or issued by the Authority ; and
|
| 563 |
+
(c) be approved by the Minister.
|
| 564 |
+
(3) Safeguards under subsection (2) may include:
|
| 565 |
+
(a) restrictions on the type or category of data which may be transferred outside
|
| 566 |
+
the jurisdiction ;
|
| 567 |
+
(b) mandatory access through a registered Ghanaian subsidiary or an approved
|
| 568 |
+
local representative regulated by the Authority ;
|
| 569 |
+
(c) limitations on the duration of access;
|
| 570 |
+
(d) additional requirements for technical safeguards, access logs and audits ; and
|
| 571 |
+
(e) any safeguards prescribed by the Minister o r the Authority.
|
| 572 |
+
(4) A data provider or data consumer that facilitates or permits cross -border transfers
|
| 573 |
+
of data through the National Data Exchange Platform in a manner that
|
| 574 |
+
circumvents or violates this section, commits an offence and shall be liable upon
|
| 575 |
+
summary conviction to a fine of not less than five hundred penalty units and not
|
| 576 |
+
more than one hundred thousand penalty units.
|
| 577 |
+
(5) The Authority may, in addition to the penalty under subsection (4), impose other
|
| 578 |
+
administrative sanctions, including an administrat ive penalty of up to five thousand
|
| 579 |
+
penalty units .
|
| 580 |
+
Data Protection
|
| 581 |
+
Data Subject Rights
|
| 582 |
+
19. Nothing in this Act shall be construed to limit or derogate from the rights of data
|
| 583 |
+
subjects under the [Data Protection Act, 20 XX (Act XXX)]. Where public interest data
|
| 584 |
+
includes personal data, the processing, access, or sharing of such data through the
|
| 585 |
+
National Data Exchange Platform shall be undertaken in a manner that upholds Act
|
| 586 |
+
XXX. The Authority shall work in collaboration with the Data P rotection Commission
|
| 587 |
+
to ensure the enforcement of data subject rights in relation to the use , re-use and
|
| 588 |
+
exchange of personal data through the National Data Exchange Platform .
|
| 589 |
+
Obligations of Data Controllers and Data Processors
|
| 590 |
+
20. Nothing in this Act shall be construed to limit or derogate from the obligations of data
|
| 591 |
+
controllers and data processors under the [Data Protection Act, 20XX(Act XXX) ].
|
| 592 |
+
Compliance and Enforcement
|
| 593 |
+
Compliance Monitoring
|
| 594 |
+
21. (1) The Authority shall establish and maintain a monitoring system to monitor
|
| 595 |
+
compliance with the rules, obligations and requirements of the National Data
|
| 596 |
+
Exchange Platform and this Act .
|
| 597 |
+
(2) The Authority may appoint inspectors to carry out monitoring functio ns outlined
|
| 598 |
+
under this Act or prescribed by the Authority or the Minister.
|
| 599 |
+
15
|
| 600 |
+
(3) The inspector may at reasonable times:
|
| 601 |
+
(a) enter and inspect a premises, which the inspector knows or reasonably
|
| 602 |
+
suspects to be used for a purpose to which this Act applies, to ensure that the
|
| 603 |
+
provisions of this Act are complied with; or
|
| 604 |
+
(b) enter a premises to perform any other function imposed on the inspector
|
| 605 |
+
under this Act, or by the Authority.
|
| 606 |
+
(4) The inspectors shall submit quarterly compliance reports in the manner
|
| 607 |
+
prescribed by the Aut hority.
|
| 608 |
+
(5) The Authority may conduct audits on all participating institutions , within periods
|
| 609 |
+
to be determined by the Authority, to assess a participating institution ’s
|
| 610 |
+
compliance with applicable laws and the rules of the National Data Exchange
|
| 611 |
+
Platform .
|
| 612 |
+
Reporting Requirements
|
| 613 |
+
22. (1) Where requested by the Authority, a participating institution shall provide reports
|
| 614 |
+
on activities undertaken through the National Data Exchange Platform . The report
|
| 615 |
+
shall include any information as may be prescribed by the Author ity.
|
| 616 |
+
(2) A participating institution shall notify the Authority within seven days of any change
|
| 617 |
+
in the information that was submitted to the Authority for approval as a
|
| 618 |
+
participating institution.
|
| 619 |
+
Offences and Penalties
|
| 620 |
+
23. (1) A person who contravenes or fails to comply with any provision of this Act
|
| 621 |
+
commits an offence and, where no penalty is expressly provided, shall be liable upon
|
| 622 |
+
summary conviction to a fine of not less than two hundred penalty units and not more
|
| 623 |
+
than ten thousand penalty units or to a term of imprisonment of not more than two
|
| 624 |
+
years or both .
|
| 625 |
+
(2) A person who fails to comply with an administrative sanction prescribed by the
|
| 626 |
+
Authority under section 24 of this Act commits an offence and, where no penalty is
|
| 627 |
+
expres sly provided, shall be liable upon summary conviction to a fine of not less
|
| 628 |
+
than two hundred penalty units and not more than ten thousand penalty units or to
|
| 629 |
+
a term of imprisonment of not more than two years or both.
|
| 630 |
+
(3) Where an offence under this Act is com mitted by a body corporate or by a member
|
| 631 |
+
of a partnership or other firm, every director or officer of that body corporate or a
|
| 632 |
+
member of the partnership or any other person concerned with the management
|
| 633 |
+
of the firm shall be deemed to have committed that offence and is liable on
|
| 634 |
+
summary conviction to a fine or term of imprisonment as prescribed.
|
| 635 |
+
(4) A person shall not be convicted of an offence under subsection (3) if it is proved
|
| 636 |
+
that:
|
| 637 |
+
(a) due diligence was exercised to prevent the commission of the offence; and
|
| 638 |
+
(b) the offence was committed without the knowledge, consent or connivance of
|
| 639 |
+
that person.
|
| 640 |
+
Administrative Sanctions
|
| 641 |
+
24. (1) A person who contravenes or fails to comply with any provision of this Act which is
|
| 642 |
+
not designated as an offence may be liable to adminis trative sanctions as prescribed
|
| 643 |
+
by the Authority.
|
| 644 |
+
16
|
| 645 |
+
(2) The Authority may prescribe the following sanctions:
|
| 646 |
+
(a) issue a warning or non -compliance notice to a participating institution;
|
| 647 |
+
(b) suspend a participating institution from use of the National Data Exchange
|
| 648 |
+
Platform;
|
| 649 |
+
(c) revoke access and r emove a participating institution from the National Data
|
| 650 |
+
Exchange Platform ;
|
| 651 |
+
(d) impose administrative penalties on a participating institution;
|
| 652 |
+
(e) impose bans on a participating institution; and
|
| 653 |
+
(f) any other sanction as may be appropriate to redress the stated non -
|
| 654 |
+
compliance.
|
| 655 |
+
(3) A participating institution that has its access or approval revoked may submit a
|
| 656 |
+
fresh application to the Authority to be reinstated after rectifying the breach or
|
| 657 |
+
non-compliance.
|
| 658 |
+
(4) Participating institutions that have been banned shall not be permitted to reapply
|
| 659 |
+
for access.
|
| 660 |
+
(5) The imposition of administrative sanctions or fines under this Act shall be without
|
| 661 |
+
prejudice to any penalties, fines or sanctions that may be imposed by any other
|
| 662 |
+
regulatory authority under any o ther enactment.
|
| 663 |
+
(6) Where the conduct of a person constitutes an offence under this Act and any
|
| 664 |
+
other enactment, nothing in this Act shall prevent the institution of proceedings
|
| 665 |
+
under that other enactment.
|
| 666 |
+
Dispute Resolution
|
| 667 |
+
25. (1)The Authority shall establish a dispute resolution process to resolve disputes:
|
| 668 |
+
(a) between data providers and data consumers;
|
| 669 |
+
(b) between or among different data providers;
|
| 670 |
+
(c) between data subjects and data providers or data consumers; and
|
| 671 |
+
(d) between the Authority and data providers, data consumers or data subjects .
|
| 672 |
+
(2) Where a dispute, pursuant to subsection s (c) and (d) above, concerns a matter
|
| 673 |
+
involv ing data subjects , their personal data and data subject rights, then the
|
| 674 |
+
Authority shall involve the Data Protection [ Commission/ Authority ] in the
|
| 675 |
+
resolution of the dispute .
|
| 676 |
+
(3) Where a dispute under subsection (1) involves matters pertaining to issues of
|
| 677 |
+
cybersecurity , then the Authority shall involve the Cybersecurity Authority in the
|
| 678 |
+
resolution of the dispute.
|
| 679 |
+
(4) Any o ne or more parties to a dispute m ay refer the dispute to the Authority for
|
| 680 |
+
settlement by any alternative dispute resolution mechanism .
|
| 681 |
+
(5) Where parties to a dispute agree that the dispute is to be settled by
|
| 682 |
+
(a) the dispute resolution committee established under section 2 6; or
|
| 683 |
+
(b) any alternative dispute resolution mechanism
|
| 684 |
+
the parties shall not institute an action in court until the dispute resolution
|
| 685 |
+
procedure has been exhausted.
|
| 686 |
+
Dispute Resolution Committee
|
| 687 |
+
17 26. (1) The Authority shall establish a Dispute Resolution Committee for the purpose of
|
| 688 |
+
the resolution of disputes and shall prescribe the rules of procedure of the Dispute
|
| 689 |
+
Resolution Committee .
|
| 690 |
+
(2) The composition of the Dispute Resolution Committee shall be determined by
|
| 691 |
+
the board of the Authority in consultation with the Advisory Committee .
|
| 692 |
+
(3) The Dispute Reso lution Committee shall expeditiously investigate and hear any
|
| 693 |
+
matter which is brought before it.
|
| 694 |
+
(4) The Authority shall determine the period within which disputes may be settled.
|
| 695 |
+
(5) The Dispute Resolution Committee may require evidence or argum ents to be
|
| 696 |
+
presented in writing and may decide the matters upon which it will hear oral
|
| 697 |
+
evidence or written arguments.
|
| 698 |
+
(6) A party to a dispute may appear at the hearing and may be represented by a
|
| 699 |
+
lawyer or another person of that person's choice.
|
| 700 |
+
Powers of the Dispute Resolution Committee
|
| 701 |
+
27. (1) The Dispute Resolution Committee shall have the power to :
|
| 702 |
+
(a) issue summons to compel the attendance of witnesses ;
|
| 703 |
+
(b) examine witnesses on oath, affirmation or otherwise ;
|
| 704 |
+
(c) compel the production of documents ; and
|
| 705 |
+
(d) refer a person for trial at the High Court for contempt.
|
| 706 |
+
(2) A summons issued by the Dispute Resolution Committee shall be under the hand
|
| 707 |
+
of the Secretary of the Authority .
|
| 708 |
+
Resolution of Referred Disputes
|
| 709 |
+
28. (1)The Dispute Resolution Committee may, in settling a dispute .
|
| 710 |
+
(a) make a declaration setting out the rights and obligations of the parties to the
|
| 711 |
+
dispute;
|
| 712 |
+
(b) make provisional or interim orders or awards related to the matter or part of
|
| 713 |
+
the matter, or give directions in furtherance of the hearing ;
|
| 714 |
+
(c) dismiss or refrain from hearing or determining a matter in whole or in part if it
|
| 715 |
+
appears that the matter or part of the matter, is trivial or vexatious or that
|
| 716 |
+
further proceedings are not necessary or desirable in the public interest;
|
| 717 |
+
(d) in appropriate circumstances, order an y party to pay the reasonable costs
|
| 718 |
+
and expenses of another party, including the expenses of witnesses and fees
|
| 719 |
+
of lawyers, in bringing the matter before the Authority; and
|
| 720 |
+
(e) generally give directions and do anything that is necessary or expedient for
|
| 721 |
+
the h earing and determination of the matter.
|
| 722 |
+
Data Harmonisation Tribunal
|
| 723 |
+
Establishment of the Data Harmonisation Tribunal
|
| 724 |
+
29. (1) There is by this Act established an appeal tribunal to be called the Data
|
| 725 |
+
Harmonisation Tribunal which shall be convened on an ad -hoc basis to consider
|
| 726 |
+
appeals against:
|
| 727 |
+
(a) decisions or orders made by the Authority or to review a particular matter
|
| 728 |
+
under this Act or its regulations , directives or guidelines; and
|
| 729 |
+
(b) decisions of the Dispute Resolutio n Committee of the Authority .
|
| 730 |
+
Composition of the Tribunal
|
| 731 |
+
18 30. (1) The members of the Tribunal shall be appointed by the Minister and shall consist
|
| 732 |
+
of:
|
| 733 |
+
(a) a chairperson who is either a retired Justice of the Superior Court or a lawyer
|
| 734 |
+
of at least fifteen years standing who has experience in technology law
|
| 735 |
+
(particularly data privacy, intellectual property, and cybersecurity matters) ,
|
| 736 |
+
policy, regulations or ar bitration ; and
|
| 737 |
+
(b) two other members with experience or academic or professional qualifications
|
| 738 |
+
in the data governance , public digital infrastructure, electronic engineering,
|
| 739 |
+
data protection, cybersecurity, law, economics or business or public
|
| 740 |
+
administration .
|
| 741 |
+
(3) The Minister shall appoint a registrar and other staff necessary for the smooth
|
| 742 |
+
operations of the Tribunal.
|
| 743 |
+
(4) The expenses of the Tribunal shall be paid out of income derived by the Authority
|
| 744 |
+
under this Act and shall be part of the annual budget of the A uthority.
|
| 745 |
+
Rules of Procedure of the Tribunal
|
| 746 |
+
31. (1) The Authority shall, within thirty days of the commencement of this Act, prepare
|
| 747 |
+
proposals for rules of procedure for the Tribunal .
|
| 748 |
+
(2) The proposals shall be approved by a panel of the Tribunal specifically convened
|
| 749 |
+
for the purpose.
|
| 750 |
+
(3) The Authority shall by legislative instrument make Regulations under this Act
|
| 751 |
+
which shall prescribe the approved rules.
|
| 752 |
+
Right of Appeal
|
| 753 |
+
32. (1) A person affected by a decision of the Authority or the Dispute Resolution
|
| 754 |
+
Committee may appeal against it by sending a notice of appeal to the Tribunal in
|
| 755 |
+
accordance with the rules of procedure of the Tribunal .
|
| 756 |
+
(2) The notice of appeal must be sent within twenty -eight days after the date on
|
| 757 |
+
which the decision being appealed against is announced or received .
|
| 758 |
+
(3) The appellant shall set out in the notice of appeal:
|
| 759 |
+
(a) the decision appealed against;
|
| 760 |
+
(b) the provision under which the decision appealed against was taken; and
|
| 761 |
+
(c) the grounds of appeal.
|
| 762 |
+
(4) Within one month after receipt of a notice of appeal the Tribunal shall be
|
| 763 |
+
convened to consider the appeal.
|
| 764 |
+
Decisions of the Tribunal
|
| 765 |
+
33. (1) The Tribunal, after hearing the appeal may:
|
| 766 |
+
(a) quash the decision ;
|
| 767 |
+
(b) allow the appeal in whole or in part ; or
|
| 768 |
+
(c) dismiss the appeal and confirm the decision of the Authority .
|
| 769 |
+
(2) If the Tribunal allows the appeal in part, it may vary the decision of the Authority
|
| 770 |
+
in any manner and subject to any conditions or limitations that it considers
|
| 771 |
+
appropriate to impose .
|
| 772 |
+
(3) The Tribunal may take into account any submissions filed by a person acti ng as
|
| 773 |
+
a friend of the Tribunal in reaching a decision on an appeal brought before it .
|
| 774 |
+
19
|
| 775 |
+
(4) A decision of the Tribunal has the same effect as a judgement of the High Court
|
| 776 |
+
and shall be final unless submitted to the High Court for review .
|
| 777 |
+
Financial Provisions
|
| 778 |
+
Fees
|
| 779 |
+
34. The Minister shall determine the fees to be charged under this Act in accordance with
|
| 780 |
+
the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080).
|
| 781 |
+
Sources of Funds
|
| 782 |
+
35. The funds of the National Data Exchange Platform shall include:
|
| 783 |
+
(a) seed money;
|
| 784 |
+
(b) fees accruing to the National Data Exchange Platform under this Act;
|
| 785 |
+
(c) moneys provided by Parliament;
|
| 786 |
+
(d) donations, gifts , grants and other voluntary contribution ; and
|
| 787 |
+
(e) any other moneys that are approved by the Minister responsible for Finance.
|
| 788 |
+
Expenses
|
| 789 |
+
36. The expenses of the National Data Exchange Platform shall be paid from moneys
|
| 790 |
+
provided from the funds of the National Data Exchange Platform .
|
| 791 |
+
Accounts and audits
|
| 792 |
+
37. (1) The Authority shall keep books of account and proper records in relation to the
|
| 793 |
+
National Data Exchange Platform in the form approved by the Auditor -General.
|
| 794 |
+
(2) The Authority shall submit the accounts of the National Data Exchange Platform
|
| 795 |
+
to the Auditor -General for audit within three months after the end of the financial
|
| 796 |
+
year.
|
| 797 |
+
(3) The Auditor -General shall, not later than three months after the receipt of the
|
| 798 |
+
accounts, audit the accounts and forward a copy of the audit report to the
|
| 799 |
+
Minister.
|
| 800 |
+
(4) The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Act.
|
| 801 |
+
(5) The financial year of the Authority and the entity that manages the National Data
|
| 802 |
+
Exchange Platform shall be the same as the financial year of the Government.
|
| 803 |
+
Transitional and Miscellaneous Provisions
|
| 804 |
+
Implementation and Pilot Scheme
|
| 805 |
+
38. The implementation of this Act shall be in phases as prescribed by the Minister.
|
| 806 |
+
Relationship and Integration with Existing Laws
|
| 807 |
+
39. (1)This Act shall be read in conjunction with applicable laws governing data
|
| 808 |
+
protection, intellectual property, public access to information, cybersecurity, electronic
|
| 809 |
+
transactions, and any other law which confers rights or imposes obligations relating
|
| 810 |
+
to the generation, use, protection, and sharing of data in Ghana, including but not
|
| 811 |
+
limited to the:
|
| 812 |
+
(a) Copyright Act, 2005 (Act 690) ;
|
| 813 |
+
(b) [Cybersecurity Act 20XX (Act XXXX) ];
|
| 814 |
+
(c) [Data Protection Act, 20XX (Act XXXX) ];
|
| 815 |
+
(d) [Electronic Communications Act, 20XX (Act XXXX )];
|
| 816 |
+
(e) [Electronic Transactions Act, 20XX (Act XXXX )];
|
| 817 |
+
20 (f) Ghana Standards Authority Act, 2022 (Act 1078 );
|
| 818 |
+
(g) National Identification Authority Act, 2006 (Act 707)
|
| 819 |
+
(h) National Signals Bureau Act, 2020 (Act 1040);
|
| 820 |
+
(i) Patents Act, 2003 (Act 657);
|
| 821 |
+
(j) Protection Against Unfair Competition Act, 2000 (Act 589);
|
| 822 |
+
(k) Right to Information Act, 2019 (Act 989) ;
|
| 823 |
+
(l) Security and Intelligence Agencies Act, 2020 (Act 1030) ;
|
| 824 |
+
(m) State Secrets Act, 1962 (Act 101) ;
|
| 825 |
+
and shall not, except as otherwise provided in this Act, derogate from the
|
| 826 |
+
provisions of these Acts.
|
| 827 |
+
(2) Where there is any conflict between this Act and any relevant enactment in
|
| 828 |
+
respect of the standardisation and sharing of data , the provisions of this Act shal l
|
| 829 |
+
prevail.
|
| 830 |
+
40. Repeals and Savings
|
| 831 |
+
[TBD]
|
| 832 |
+
Regulations
|
| 833 |
+
41. The Minister may, on the recommendation of the Authority, make Regulations for the
|
| 834 |
+
implementation of this Act .
|
| 835 |
+
Interpretation
|
| 836 |
+
42. In this Act unless the context otherwise requires:
|
| 837 |
+
“Advisory Committee ” means the strategic Advisory Committee established to advise
|
| 838 |
+
the Authority on the implementation of this Act ;
|
| 839 |
+
“API” means an Application Programming Interface that enables the secure and
|
| 840 |
+
structured exchange of data between different systems or databases, including
|
| 841 |
+
authentication, authorisation, and data formatting protocols.
|
| 842 |
+
“Authority ” means the National Information Technology Agency ;
|
| 843 |
+
“database ” means an organised collection of relevant public interest data, whether
|
| 844 |
+
structured or unstructured , which is maintained and made available by a data
|
| 845 |
+
provider for access, exchange and use on the National Data Exchange Platform;
|
| 846 |
+
"data consumer" means a n artificial person or entity that accesses, uses, re -uses or
|
| 847 |
+
exchanges data through the National Data Exchange Platform for any lawful
|
| 848 |
+
purpose, including research, service delivery, innovation, or regulatory compliance;
|
| 849 |
+
“data controller ” shall be construed in accordance with the [Data Protection Act, 20 XX
|
| 850 |
+
(Act XXX)] and means a person who either alone, jo intly with other persons
|
| 851 |
+
determines the purposes for and the manner in which personal data is processed or
|
| 852 |
+
is to be processed ;
|
| 853 |
+
"data provider" means a public or private entity that generates, collects, processes,
|
| 854 |
+
stores or holds public interest data and makes that data available through the
|
| 855 |
+
National Data Exchange Platform in accordance with this Act;
|
| 856 |
+
“data register ” means a catalogue created by data providers to assist with navigating
|
| 857 |
+
their database .
|
| 858 |
+
21 “data subject ” shall be construed in accordance with the Data Protection Act, 20XX
|
| 859 |
+
(Act XXX) and means an individual who is the subject of personal data;
|
| 860 |
+
“data subject rights ” shall be c onstrued in accordance with the [Data Protection Act,
|
| 861 |
+
20XX (Act XXX) ] and means […]
|
| 862 |
+
“exchange ” means the structured, secure, and authorised transmission of data
|
| 863 |
+
between systems, institutions, or entities for a specific permitted purpose
|
| 864 |
+
“foreign ” means, in relation to a person or entity, any person or entity that is not
|
| 865 |
+
Ghanaian or an entity that is not incorporated, registered, or established under the
|
| 866 |
+
laws of Ghana.
|
| 867 |
+
"National Data Exchange Platform " means the public digital infrastruct ure designated
|
| 868 |
+
under this Act for the secure and standardised exchange of public interest data
|
| 869 |
+
between the public and private sectors ;
|
| 870 |
+
“Minister ” means the Minister assigned responsibility for the Ministry of
|
| 871 |
+
Communications;
|
| 872 |
+
“Ministry ” means the Ministry of Communications ;
|
| 873 |
+
"open data" means public interest data that is not subject to any law, regulation, or
|
| 874 |
+
policy that restricts its access or use, and may be accessed, used, reused, and
|
| 875 |
+
distributed by any person without legal or technical restriction;
|
| 876 |
+
“personal data ” shall be construed in accordance with the Data Protection Act, 20XX
|
| 877 |
+
(Act XXX) and means any information relating to an identified or identifiable natural
|
| 878 |
+
person , and includes one or a combination of the following, whether iden tified by
|
| 879 |
+
manual or automated processing:
|
| 880 |
+
(a) direct identifiers such as name ; email address ; phone number, identification
|
| 881 |
+
number ; registration number; bank account, bank or smart card number;
|
| 882 |
+
photographic or video image of face;
|
| 883 |
+
(b) indirect identifiers such as an location data ; age or age -range, occupation;
|
| 884 |
+
job; profession; vocation; business; workplace; title; education; voice -
|
| 885 |
+
recordings, postal code; place of birth; date of birth; marital status;
|
| 886 |
+
photographs or videos without facia l detail but identifications such as side
|
| 887 |
+
views, clothing, marks and mannerism; language preference; profiles without
|
| 888 |
+
facial detail but which could be attributed to a natural person by the use of
|
| 889 |
+
additional information ;
|
| 890 |
+
(c) online identifiers such as IP addres s; cookies; device ID; login credentials;
|
| 891 |
+
user IDs; push notification tokens, browser history or fingerprints;
|
| 892 |
+
(d) data which have undergone pseudonymisation, but which could be attributed
|
| 893 |
+
to a natural person by the use of additional information should be cons idered
|
| 894 |
+
to be information on an identifiable natural person ; and
|
| 895 |
+
(e) one or more factors specific to the physical, physiological, mental, economic,
|
| 896 |
+
cultural or social identity of that natural person ;
|
| 897 |
+
“participating institution ” means a data provider or data c onsumer as defined under
|
| 898 |
+
this Act ;
|
| 899 |
+
“processing ” shall be construed in accordance with the [Data Protection Act, 20 XX
|
| 900 |
+
(Act XXXX )] and means an operation or activity or set of operations by electronic or
|
| 901 |
+
other means that concerns data or personal data and the
|
| 902 |
+
(a) collection, organization, adaptation or alteration of the information or data,
|
| 903 |
+
22 (b) retrieval, consultation or use of the information or data ,
|
| 904 |
+
(c) disclosure of the information or data by transmission, dissemination or other
|
| 905 |
+
means available, or
|
| 906 |
+
(d) alignment, combination, blocking, erasure or destruction of the information or
|
| 907 |
+
data;
|
| 908 |
+
"public interest data" means data, whether personal or non -personal, recorded and
|
| 909 |
+
documented in any manner and on any medium, which is collected, created,
|
| 910 |
+
generated, held or otherwise processed by public authorities, private entities, or other
|
| 911 |
+
institutions, and is either necessary for or beneficial to public purposes, inclu ding but
|
| 912 |
+
not limited to, the provision of public services, performance of public functions,
|
| 913 |
+
regulatory compliance, or national development. Public interest data shall include any
|
| 914 |
+
data prescribed as public interest data by the Minister;
|
| 915 |
+
"restricted data" m eans public interest data of a sensitive or classified nature, for
|
| 916 |
+
which access is limited by law, or may only be granted upon fulfilment of specified
|
| 917 |
+
conditions, including the demonstration of a legitimate interest or the application of
|
| 918 |
+
special procedures . Restricted Data includes state secrets, information relating to
|
| 919 |
+
national security, confidential business information, or other categories that the law
|
| 920 |
+
exempt s from public disclosure. Restricted data shall include any data prescribed as
|
| 921 |
+
restricted data by the Minister ;
|
| 922 |
+
“Republic ” means the Republic of Ghana;
|
| 923 |
+
“re-use” means the use , whether commercial or non -commercial, of public interest
|
| 924 |
+
data obtained through the National Data Exchange Platform for a purpose other than
|
| 925 |
+
the initial purpose for which the data was collected ;
|
| 926 |
+
"shareable data" means public interest data that is not classified as restricted data
|
| 927 |
+
but may only be accessed or used subject to prescribed terms, procedures, or
|
| 928 |
+
conditions; and
|
| 929 |
+
23
|
| 930 |
+
FIRST SCHEDULE
|
| 931 |
+
Part X
|
| 932 |
+
(Section X)
|
| 933 |
+
Public Interest Data Classification Framework
|
| 934 |
+
Public interest data shall be classified for the purposes of this Act into —
|
| 935 |
+
a. open data ,
|
| 936 |
+
b. shareable data , and
|
| 937 |
+
c. restricted data .
|
| 938 |
+
Open data refers to public interest data that :
|
| 939 |
+
a. is not subject to any le gal, commercial, or confidentiality restrictions; and
|
| 940 |
+
b. may be freely accessed, used, reused, or redistributed without requiring specific
|
| 941 |
+
authorisation.
|
| 942 |
+
Shareable data refers to public interest data that :
|
| 943 |
+
a. is not openly available to the public; but
|
| 944 |
+
b. may be accessed or reused by authorised persons under specific terms, conditions or
|
| 945 |
+
procedures prescribed by law or determined by the data provider.
|
| 946 |
+
Restricted data refers to public interest data :
|
| 947 |
+
a. which is subject to legal, contractual, or institutiona l restrictions on access, use, or
|
| 948 |
+
disclosure; or
|
| 949 |
+
b. which, if disclosed, may reasonably be expected to pose a risk to national security, public
|
| 950 |
+
order, individual privacy, or the rights and interests of a third party.
|
| 951 |
+
The Data Protection [Commission /Authority] is in consultation with the Authority shall
|
| 952 |
+
prescribe guid elines for the classification of data
|
| 953 |
+
The Minister may, on the advice of the Authority, by legislative instrument, issue guidelines
|
| 954 |
+
for:
|
| 955 |
+
a. the further classification of public interest data by sector, type, sensitivity, or purpose; and
|
| 956 |
+
b. the criteria for reclassification of data from one category to another, including from
|
| 957 |
+
restricted to shareable or from shareable to open, where applicable.
|
| 958 |
+
24
|
| 959 |
+
SECOND SCHEDULE
|
| 960 |
+
Part X
|
| 961 |
+
(Section X)
|
| 962 |
+
Local Participation and Local Content Requirements for the National Data Exchange
|
| 963 |
+
Platform operator
|
assets/example_bills/data-harmonisation-bill/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:10:44.410557+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Data-Harmonisation-Bill.pdf",
|
| 6 |
+
"document_hash": "26d38c2c48ca6cbb77bb26c3ce4471193a0e5fa9f1892ad0a7bd7009c5a8e611",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/data-protection-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,79 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Data Protection Bill, 2025 establishes a comprehensive legal framework to regulate personal data processing, protect individual privacy, and create the Data Protection Authority (DPA) to enforce compliance. It applies to both local and foreign data controllers, mandates data protection principles, outlines rights for data subjects, and introduces enforcement mechanisms, exemptions, and administrative provisions for the DPA.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Data Protection Authority (DPA) as an independent body to oversee data protection compliance.",
|
| 5 |
+
"Applies to all data controllers (local and foreign) processing personal data, with specific obligations for government departments.",
|
| 6 |
+
"Mandates data protection principles including lawfulness, purpose limitation, data security, and transparency.",
|
| 7 |
+
"Grants data subjects rights such as access, erasure, correction, and objection to data processing.",
|
| 8 |
+
"Requires data controllers to register with the DPA, appoint data protection officers, and maintain records of processing activities.",
|
| 9 |
+
"Imposes penalties for non-compliance, including administrative fines and sanctions.",
|
| 10 |
+
"Includes exemptions for national security, law enforcement, and certain public interest activities.",
|
| 11 |
+
"Provides mechanisms for cross-border data transfers with safeguards and prior approval requirements.",
|
| 12 |
+
"Outlines the DPA\u2019s powers to investigate, issue guidelines, and enforce compliance through audits and corrective measures."
|
| 13 |
+
],
|
| 14 |
+
"implementation": [
|
| 15 |
+
{
|
| 16 |
+
"stakeholder": "Data controllers (including foreign entities)",
|
| 17 |
+
"obligation": "Register with the DPA, appoint a representative in Ghana if required, and maintain records of data processing activities.",
|
| 18 |
+
"implementation_burden": "Administrative costs for registration, compliance with data protection principles, and potential operational adjustments.",
|
| 19 |
+
"risk_or_note": "Non-compliance risks penalties, including fines and operational restrictions."
|
| 20 |
+
},
|
| 21 |
+
{
|
| 22 |
+
"stakeholder": "Government departments",
|
| 23 |
+
"obligation": "Appoint data protection officers, obtain valid registration/certificates for data processing activities, and comply with DPA guidelines.",
|
| 24 |
+
"implementation_burden": "Additional bureaucratic steps for procurement and inter-departmental transactions involving personal data.",
|
| 25 |
+
"risk_or_note": "Failure to comply may result in administrative penalties, though contracts remain valid."
|
| 26 |
+
},
|
| 27 |
+
{
|
| 28 |
+
"stakeholder": "Data protection officers",
|
| 29 |
+
"obligation": "Act as primary contacts for the DPA, document processing activities, and ensure compliance with data protection laws.",
|
| 30 |
+
"implementation_burden": "Ongoing monitoring, reporting, and coordination with data controllers.",
|
| 31 |
+
"risk_or_note": "Potential liability for non-compliance if they fail to fulfill their duties."
|
| 32 |
+
},
|
| 33 |
+
{
|
| 34 |
+
"stakeholder": "Data processors",
|
| 35 |
+
"obligation": "Comply with security measures, report breaches, and adhere to instructions from data controllers.",
|
| 36 |
+
"implementation_burden": "Increased operational costs for data security and breach notification protocols.",
|
| 37 |
+
"risk_or_note": "Exposure to penalties if they fail to meet security requirements."
|
| 38 |
+
}
|
| 39 |
+
],
|
| 40 |
+
"critique": [
|
| 41 |
+
{
|
| 42 |
+
"issue": "Ambiguity in definitions of 'special personal data' and 'processing for special purposes'.",
|
| 43 |
+
"why_it_matters": "Lack of clarity may lead to inconsistent enforcement and disputes over compliance.",
|
| 44 |
+
"recommendation": "The DPA should issue detailed guidelines or definitions to ensure uniform interpretation."
|
| 45 |
+
},
|
| 46 |
+
{
|
| 47 |
+
"issue": "Broad powers granted to the DPA without explicit safeguards against overreach.",
|
| 48 |
+
"why_it_matters": "Risk of arbitrary enforcement or misuse of authority without checks and balances.",
|
| 49 |
+
"recommendation": "Introduce independent oversight mechanisms or judicial review provisions for DPA decisions."
|
| 50 |
+
},
|
| 51 |
+
{
|
| 52 |
+
"issue": "No specific timelines for processing complaints or appeals.",
|
| 53 |
+
"why_it_matters": "May delay redress for data subjects and create uncertainty for businesses.",
|
| 54 |
+
"recommendation": "Mandate clear deadlines for complaint resolution and appeal processes in regulations."
|
| 55 |
+
}
|
| 56 |
+
],
|
| 57 |
+
"swot": {
|
| 58 |
+
"strengths": [
|
| 59 |
+
"Establishes a robust legal framework aligned with international data protection standards.",
|
| 60 |
+
"Creates an independent DPA with clear enforcement powers to ensure accountability.",
|
| 61 |
+
"Protects data subjects' rights, enhancing public trust in digital services."
|
| 62 |
+
],
|
| 63 |
+
"weaknesses": [
|
| 64 |
+
"Potential regulatory burden on small businesses and startups due to compliance costs.",
|
| 65 |
+
"Unclear definitions and procedures may create ambiguity in implementation.",
|
| 66 |
+
"Risk of overreach by the DPA without sufficient oversight mechanisms."
|
| 67 |
+
],
|
| 68 |
+
"opportunities": [
|
| 69 |
+
"Encourages innovation in the digital economy by fostering trust in data handling practices.",
|
| 70 |
+
"Positions Ghana as a regional leader in data protection, attracting foreign investment.",
|
| 71 |
+
"Promotes the growth of data protection service providers and consultancy firms."
|
| 72 |
+
],
|
| 73 |
+
"threats": [
|
| 74 |
+
"Compliance costs may stifle SMEs and startups, reducing competition.",
|
| 75 |
+
"Overly strict regulations could hinder data-driven innovation and cross-border data flows.",
|
| 76 |
+
"Potential for misuse of exemptions (e.g., national security) to justify intrusive data practices."
|
| 77 |
+
]
|
| 78 |
+
}
|
| 79 |
+
}
|
assets/example_bills/data-protection-bill-2025/chunks.json
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/data-protection-bill-2025/document.txt
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/data-protection-bill-2025/metadata.json
ADDED
|
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{
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"generated_at": "2026-06-09T20:12:56.090692+00:00",
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"provider": "qwen",
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"model": "Qwen/Qwen3-14B:cheapest",
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"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DATA-PROTECTION-BILL.pdf",
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"document_hash": "3af9cf6163fa1a2b56ab784c8284d30aa12884b84503ff246915970692388f5b",
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"chunk_size": 350,
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"chunk_overlap": 60,
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"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
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+
}
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assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/analysis.json
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| 1 |
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{
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"executive_summary": "The Digital Economy and Innovation Development Fund Act, 2025 establishes a statutory fund to accelerate digital inclusion, innovation, and infrastructure development in Ghana. It creates a governance structure, defines funding sources (including mandatory contributions from telecom providers), and outlines mechanisms for disbursing resources to underserved areas, startups, and digital skills programs. The Act emphasizes transparency, performance-based funding, and collaboration with public and private stakeholders.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Digital Economy and Innovation Development Fund as a body corporate to finance digital infrastructure, innovation, and skills development.",
|
| 5 |
+
"Mandates contributions from telecom providers (3% of net revenue), electronic money issuers (1%), and government ICT revenues (1%).",
|
| 6 |
+
"Requires the Fund to prioritize projects in underserved areas, support startups, and deploy digital public services (e.g., e-health, e-education).",
|
| 7 |
+
"Creates a Board of Trustees with members from government, telecom regulators, private sector, and civil society, subject to fiduciary duties and conflict-of-interest rules.",
|
| 8 |
+
"Imposes transparency obligations, including public disclosure of fund allocations, audit reports, and performance metrics.",
|
| 9 |
+
"Provides for tax exemptions, investment guidelines, and internal/external audit mechanisms.",
|
| 10 |
+
"Repeals existing provisions of the Electronic Communications Act, 2008 related to the Ghana Investment Fund for Electronic Communications."
|
| 11 |
+
],
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| 12 |
+
"implementation": [
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| 13 |
+
{
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| 14 |
+
"stakeholder": "Telecom providers and electronic money issuers",
|
| 15 |
+
"obligation": "Contribute mandatory quarterly payments (3% of net revenue for telecoms, 1% for electronic money issuers).",
|
| 16 |
+
"implementation_burden": "Administrative and compliance costs to track and remit contributions.",
|
| 17 |
+
"risk_or_note": "Smaller providers may face financial strain if contributions exceed their capacity."
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| 18 |
+
},
|
| 19 |
+
{
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| 20 |
+
"stakeholder": "Board of Trustees members",
|
| 21 |
+
"obligation": "Act in good faith, disclose conflicts of interest, and adhere to fiduciary duties.",
|
| 22 |
+
"implementation_burden": "Potential legal liability for non-compliance with duties (e.g., penalties of 350\u2013650 penalty units).",
|
| 23 |
+
"risk_or_note": "Risk of political or industry influence in decision-making due to private-sector representation on the Board."
|
| 24 |
+
},
|
| 25 |
+
{
|
| 26 |
+
"stakeholder": "Fund Administrator and staff",
|
| 27 |
+
"obligation": "Manage day-to-day operations, implement Board decisions, and ensure compliance with financial and audit requirements.",
|
| 28 |
+
"implementation_burden": "Need to coordinate with multiple stakeholders and maintain transparency in fund disbursements.",
|
| 29 |
+
"risk_or_note": "Potential delays in project approvals if internal processes are inefficient."
|
| 30 |
+
},
|
| 31 |
+
{
|
| 32 |
+
"stakeholder": "Eligible beneficiaries (startups, NGOs, public institutions)",
|
| 33 |
+
"obligation": "Adhere to disbursement guidelines, report on project outcomes, and comply with performance metrics.",
|
| 34 |
+
"implementation_burden": "Administrative burden to track and report on fund usage and outcomes.",
|
| 35 |
+
"risk_or_note": "Risk of disqualification if projects fail to meet performance benchmarks."
|
| 36 |
+
}
|
| 37 |
+
],
|
| 38 |
+
"critique": [
|
| 39 |
+
{
|
| 40 |
+
"issue": "Board composition risks conflicts of interest",
|
| 41 |
+
"why_it_matters": "Private-sector representatives (e.g., telecom operators) have voting power on the Board, which could prioritize industry interests over public benefit.",
|
| 42 |
+
"recommendation": "Introduce stricter recusal rules for Board members with direct financial ties to projects under consideration."
|
| 43 |
+
},
|
| 44 |
+
{
|
| 45 |
+
"issue": "Mandatory contributions may burden small telecom providers",
|
| 46 |
+
"why_it_matters": "The 3% revenue contribution requirement could disproportionately affect smaller operators, potentially stifling innovation or investment in rural connectivity.",
|
| 47 |
+
"recommendation": "Include a phased implementation or exemptions for micro-enterprises, with a review mechanism after 2 years."
|
| 48 |
+
},
|
| 49 |
+
{
|
| 50 |
+
"issue": "Vague prioritization criteria for fund allocation",
|
| 51 |
+
"why_it_matters": "While the Act mandates prioritizing underserved areas, it lacks specific metrics or thresholds for determining eligibility, risking arbitrary decisions.",
|
| 52 |
+
"recommendation": "Develop a publicly accessible scoring system with clear criteria for project selection and prioritization."
|
| 53 |
+
},
|
| 54 |
+
{
|
| 55 |
+
"issue": "Unclear alignment of tax exemptions with constitutional limits",
|
| 56 |
+
"why_it_matters": "The tax exemption clause references the Exemptions Act, 2022, but does not specify which taxes are waived, creating ambiguity.",
|
| 57 |
+
"recommendation": "Clarify the scope of tax exemptions in regulations to avoid legal challenges or compliance gaps."
|
| 58 |
+
}
|
| 59 |
+
],
|
| 60 |
+
"swot": {
|
| 61 |
+
"strengths": [
|
| 62 |
+
"Comprehensive funding mechanisms (mandatory contributions, government revenue shares, and investments) ensure long-term financial sustainability.",
|
| 63 |
+
"Focus on digital inclusion and rural connectivity aligns with national development goals and reduces regional disparities.",
|
| 64 |
+
"Transparency requirements (public reporting, audit mandates) enhance accountability and public trust."
|
| 65 |
+
],
|
| 66 |
+
"weaknesses": [
|
| 67 |
+
"Board composition may favor industry interests over equitable resource distribution.",
|
| 68 |
+
"Mandatory contributions could deter investment in underserved areas if perceived as a financial burden.",
|
| 69 |
+
"Lack of detailed implementation timelines for key processes (e.g., project approvals, audits)."
|
| 70 |
+
],
|
| 71 |
+
"opportunities": [
|
| 72 |
+
"Potential to catalyze private-sector investment in digital infrastructure through co-financing and public-private partnerships.",
|
| 73 |
+
"Creation of a skilled digital workforce through targeted training programs could boost innovation and entrepreneurship.",
|
| 74 |
+
"Enhanced digital public services (e-health, e-education) may improve public service delivery efficiency."
|
| 75 |
+
],
|
| 76 |
+
"threats": [
|
| 77 |
+
"Compliance costs for small telecom providers and startups may reduce their capacity to invest in innovation.",
|
| 78 |
+
"Risk of political interference in the Board's decision-making processes.",
|
| 79 |
+
"Legal challenges to the tax exemption clause if it conflicts with constitutional provisions."
|
| 80 |
+
]
|
| 81 |
+
}
|
| 82 |
+
}
|
assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/chunks.json
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[
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| 2 |
+
"DRAFT 1\n1\nARRANGEMENT OF SECTIONS\nSection\nPreliminary Provisions\n1. Application of the Act\n2. Object of the Act\nDigital Economy and Innovation Development Fund\n3. Establishment of the Fund\n4. Object of the Fund\n5. Functions of the Fund\nGovernance of the Fund\n6. Governing body of the Fund\n7. Functions of the Board\n8. Tenure of office of members of the Board\n9. Duties and liabilities of a member of the Board\n10. Meetings of the Board\n11. Disclosure of interest\n12. Establishment of committees\n13. Allowances\n14. Policy directives\nAdministrative provisions\n15. Administrator of the Fund\n16. Deputy Administrator\n17. Appointment of other staff of the Fund\n18. Offices of the Fund\nFinancial Provisions\n19. Sources of money for the Fund\n20. Bank account of the Fund\n21. Investment of Funds\n22. Retention and roll -over of Funds\n23. Tax exemption\n24. Expenses of the Fund\nDRAFT 1\n2 25. Accounts and audit\n26. Annual report and other reports\n27. Internal Audit Unit\nUtilisation of the Fund\n28. Use of moneys of the Fund\n29. Disbursement p rinciples\n30. Project p rioritisation\n31. Guidelines for d isbursement\n32. Eligible b eneficiaries\n33. Funding modalities\n34. Disbursement oversight\n35. Public disclosure and transparency\n36. Performance -based funding and monitoring\nRural Telecommunications and Sector Coordination\n37. Access to frequency spectrum\n38. Tariff recommendations for rural services\n39. Monit oring and evaluation of subsidis ed projects\nMiscellaneous Provisions\n40. Regulations\n41. Guidelines\n42. Interpretation\n43. Repeal and savings\n44. Transitional provisions\nSCHEDULES\nFIRST SCHEDULE\nSector contributions\nSECOND SCHEDULE\nOfficial Oaths\nDRAFT 1\n3\nA\nBILL\nENTITLED",
|
| 3 |
+
"38. Tariff recommendations for rural services\n39. Monit oring and evaluation of subsidis ed projects\nMiscellaneous Provisions\n40. Regulations\n41. Guidelines\n42. Interpretation\n43. Repeal and savings\n44. Transitional provisions\nSCHEDULES\nFIRST SCHEDULE\nSector contributions\nSECOND SCHEDULE\nOfficial Oaths\nDRAFT 1\n3\nA\nBILL\nENTITLED\nDIGITAL ECONOMY AND INNOVATION DEVELOPMENT FUND ACT, 2025\nAn Act to establish the Digital Economy and Innovation Development Fund to provide\nfinancial and technical support for digital infrastructure, innovation, skills development,\nentrepreneurship, and inclusive access to digital services; to ensure sustainable,\ntransparent, and accountable use of resources; and to provide for related matters.\nPASSED By Parliament and assented to by the President\nPreliminary Provisions\nApplication of the Act\n1. This Act applies to a public, private or non -profit entity that\n(a) contribute s to the Fund ;\n(b) seeks to access the Fund ; or\n(c) partner s with the Fund .\nObject of the Act\n2. The object of this Act is to provide a sustainable and transparent mechanism to\nmobilise and allocate financial and other resources to accelerate digital inclusion and\ninnovation in the underserved and unserved areas.\nDRAFT 1\n4 Digital Economy and Innovation Development Fund\nEstablishment of the Fund\n3. (1) There is established by this Act the Digital Economy and Innovation\nDevelopment Fund as a body corporate .\n(2) The Fund may for the performance of the functions of the Fund acquire and hold\nproperty, dispose of property and enter into a contract or any other related transaction .\n(3) Where there is hindrance to the acquisition of land, the land may be acquired for\nthe Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund.\nObject of the Fund",
|
| 4 |
+
"(3) Where there is hindrance to the acquisition of land, the land may be acquired for\nthe Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund.\nObject of the Fund\n4. The object of the Fund is to provide financial and non -financial support to facilitate and\naccelerate\n(a) universal access to digital infrastructure and services in underserved and\nunserved areas to close coverage, upgrade, and usage gaps in broadband and\ndigital service deliv ery across the country ;\n(b) the growth of the digital economy of the Country through support for innovation,\nentrepreneurship, and technology development;\n(c) the development of a digitally skilled and inclusive workforce ; and\n(d) the deployment of digital solutions that enhance governance, service delivery,\nproductivity, and job creation.\nFunctions of the Fund\n5. To achieve the object of the Fund , the Fund shall\n(a) mobilise financial and non -financial resources from public, private and donor\nsources;\n(b) provide resources, grants, subsidies, co -financing or other support to eligible\ndigital economy and innovation projects;\n(c) promote investments in broadband and connectivity infrastructure in underserved\nand unserved areas;\n(d) support digital entrepreneurship, start -ups, innovation hubs and FinTech\ninitiatives;\n(e) finance programmes for digital skills development including youth, women and\nvulnerable groups;\nDRAFT 1\n5 (f) fund the development and uptake of digital public infrastructure and servi ces\nincluding e -health, e -education, e -agriculture and e -government platforms;\n(g) collaborate with development partners, private sector actors, academic\ninstitutions and civil society organisations;",
|
| 5 |
+
"DRAFT 1\n5 (f) fund the development and uptake of digital public infrastructure and servi ces\nincluding e -health, e -education, e -agriculture and e -government platforms;\n(g) collaborate with development partners, private sector actors, academic\ninstitutions and civil society organisations;\n(h) establish frameworks for monitoring, evaluating and reportin g on the use and\nimpact of the resources of the Fund ; and\n(i) perform any other function ancillary to the achievement of the object of the Fund.\nGovernance of the Fund\nGoverning body of the Fund\n6. (1) The governing body of the Fund is a Board of Trustees consisting of\n(a) the Minister or a representative of the Minister as chairperson ;\n(b) the Administrator of the Fund;\n(c) a representative each of\n(i) the National Communications Authority, not below the rank of a\nDirector , nominated by\u2026\u2026\u2026\u2026\u2026\u2026\u2026 \u2026\u2026.. . ;\n(ii) the Ministry , not below the rank of a Director , nominated\nby\u2026\u2026 ............\u2026.. ;\n(iii) the Ghana Chamber of Telecommunications , nominated\nby\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ;\n(iv) the Mobile Network Operators , nominated by\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ;\n(d) a member of the Parliamentary Select Committee on Communications\nnominated by that Committee ; and\n(e) two other persons nominated by the President, one of whom is a woman.\n(2) Members of the Board shall be appointed by the President in accordance with\narticle 70 of the Constitution.\n(3) The chairperson and other members of the Board shall, before assuming office,",
|
| 6 |
+
"(e) two other persons nominated by the President, one of whom is a woman.\n(2) Members of the Board shall be appointed by the President in accordance with\narticle 70 of the Constitution.\n(3) The chairperson and other members of the Board shall, before assuming office,\ntake and su bscribe to the Official Oaths specified in the First Schedule.\nFunctions of the Board\n7. (1) The Board is responsible for the policy direction, strategic oversight, and\ngovernance of the Fund.\n(2)The Board shall , in the performance of this function, have regard to this Act\nand any other relevant enactment.\nDRAFT 1\n6\nTenure of office of members of the Board\n8. (1) A member of the Board, other than the Administrator , shall hold office for a\nterm of four years and is eligible for re -appointment for another term only.\n(2) A member may resign from office by notice in writing addressed to the President\nthrough the Minister.\n(3) The President may, by a letter addressed to a member, revoke the appointment\nof that member .\n(4) A member of the Board, other than the Chief Executive Officer, who is absent\nfrom three consecutive meetings of the Board without reasonable cause ceases to be a\nmember of the Board.\n(5) Where a member of the Board is, for a sufficient reason, unable to act as a\nmember, the Minister shall determine whether the inability may result in the declaration of\na vacancy.\n(6) Where there is a vacancy\n(a) under subsection (2) or (3) or subsection (2) of section 11,\n(b) as a result of a declaration under subsection (5 ), or",
|
| 7 |
+
"a vacancy.\n(6) Where there is a vacancy\n(a) under subsection (2) or (3) or subsection (2) of section 11,\n(b) as a result of a declaration under subsection (5 ), or\n(c) by reason of the death of a member,\nthe Minister shall notify the President of the vacancy and the President shall, in\naccordance with this Act, appoint another person to fill the vacancy for the unexpired\nterm.\nDuties and liabilities of a member of the Board\n9. (1) A member of the Board has the same fiduciary relationship with the Fund and\nthe sa me duty to act in good faith as a director of a company incorporated under the\nCompanies Act, 2019 (Act 992).\n(2) Without limiting subsection (1), a member of the Board has a duty\n(a) to act honestly in the performance of the functions of that member;\n(b) to exerc ise the degree of care and diligence in the performance of the\nfunctions of that member that a reasonable person in that position would\nreasonably be expected to exercise in the circumstances;\n(c) not to use information acquired by virtue of the position of th at member as a\nmember of the Board without authorisation; and\n(d) not to make improper use of the position of the member so as to gain\ndirectly or indirectly, a benefit for the member or for any other person or\ncause loss to the Fund.\nDRAFT 1\n7 (3) A member of the Board who contravenes subsection (1) or (2) commits an\noffence and is liable on summary conviction to a fine of not less than three hundred and",
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| 8 |
+
"cause loss to the Fund.\nDRAFT 1\n7 (3) A member of the Board who contravenes subsection (1) or (2) commits an\noffence and is liable on summary conviction to a fine of not less than three hundred and\nfifty penalty units and not more than six hundred and fifty penalty units.\nMeetings of the Board\n10. (1) The Board shall meet at least once every quarter for the conduct of business at a\ntime and place determined by the C hairperson .\n(2)The Chairperson shall preside at meetings of the Board and in the absence of the\nChairperson, the members present shall elect one of their number to preside.\n(3)The quorum for a meeting of the Board is five members, including at least one\nrepresentative each from the public and private sectors.\n(4) Matters before the Board shall be decided by a majority of the members present\nand voting and in the event of a tie, the Chairperson shall have a casting vote.\n(5) The Board may co -opt any person to attend its meetings but such person shall\nnot have a right to vote.\n(6) The Chairperson shall, upon receipt of a written request by not less than one -\nthird of the members of the Board, convene an extraordinary meeting of the Board at a time\nand place determined by the Chairperson, but not later than fourteen days from the date of\nthe request.\n(7) A vacancy in the membership of the Board or any defect in t he appointment or\nqualification of a member does not invalidate proceedings of the Board.\n(8) Subject to the provisions of this Act, the Board may determine the procedure for\nits meetings and the regulation of its own affairs.\nDisclosure of interest",
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| 9 |
+
"qualification of a member does not invalidate proceedings of the Board.\n(8) Subject to the provisions of this Act, the Board may determine the procedure for\nits meetings and the regulation of its own affairs.\nDisclosure of interest\n11. (1) A member of the Board who has a n interest in a matter for consideration by the\nBoard shall\n(a) disclose in writing the nature of that interest and the disclosure shall form\npart of the re cord of the consideration of the matter; and\n(b) not participate in any delib erations or decisions of the Board relating to that\nmatter.\n(2) A member who contravenes subsection (1) cease s to be a member of the Board\nfrom the date of the contravention.\nDRAFT 1\n8 Committees of the Board\n12. (1) The Board may establish committees consisting of members or non -members or\nboth to perform a function of the Board .\n(2) A committee established under this section shall be chaired by a member of the\nBoard.\nAllowances\n13. A member of the Board or a member of a committee of the Board shall be paid\nallowances approved by the Minister in consultation with the Minister responsible for\nFinance.\nPolicy directives\n14. The Minister may give written directives to the Board on matters of policy and the\nBoard shal l comply.\nAdministrative provisions\nAdministrator of the Fund\n15. (1) The President shall , in accordance with article 195 of the Constitution , appoint\nan Administrator for the Fund .\n(2) The Administrator shall hold office on the terms and conditions specified in\nthe letter of appointment.\n(3) The administrator\n(a) is responsible for the day -to-day management of the Fund;",
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| 10 |
+
"an Administrator for the Fund .\n(2) The Administrator shall hold office on the terms and conditions specified in\nthe letter of appointment.\n(3) The administrator\n(a) is responsible for the day -to-day management of the Fund;\n(b) is responsible for the implement ation of the decisions of the Board; and\n(c) shall perform any other function determined by the Board.\nDeputy Administrator\n16. (1) The President shall , in accordance with article 195 of the Constitution appoint\na Deputy Administrator for the Fund.\n(2) The Deputy Administrator shall hold office on the terms and conditions\nspecified in the letter of appointment.\n(3) The Deputy Administrator shall\n(a) assist the Administrator in the performance of the functions ; and\nDRAFT 1\n9 (b) perform any other duty as may be assigned by the Administrator or the\nBoard.\nAppointment of o ther s taff of the Fund\n17. (1) The President shall, in accordance with article 195 of the Constitution, appoint\nother staff of the Fund as may be necessary.\n(2)The Board may engage the services of consultants or advisors with expertise in\nmatters relevant to the mandate of the Fund on terms approved by the Board.\nOffices of the Fund\n18. (1) The head office of the Fund shall be in Accra .\n(2) The Fund may establish regional or district offices in other parts of the country\nas the Board may determine.\nFinancial Provisions\nSources of money for the Fund\n19. The sources of money for the Fund are\n(a) moneys approved by Parliament;\n(b) a mandatory quarterly contribution of three percent of net revenues from\nelectronic communications service providers and licensees specified in\nSecond schedule.",
|
| 11 |
+
"as the Board may determine.\nFinancial Provisions\nSources of money for the Fund\n19. The sources of money for the Fund are\n(a) moneys approved by Parliament;\n(b) a mandatory quarterly contribution of three percent of net revenues from\nelectronic communications service providers and licensees specified in\nSecond schedule.\n(c) one percent of net revenue from electronic money issuers ;\n(d) one percent of the total revenue generated by the Government from the ICT\nsector, including taxes, levies, regulatory fees, and statutory charges, as may\nbe prescribed by regulations;\n(e) grants, donations and gifts;\n(f) income generated from investments made by the Fund; and\n(g) any other money that may become lawfully payable to the Fund.\nBank account of the Fund\n20. The moneys of the Fund shall be paid into a bank account open ed for the Fund with\nthe approval of the Controller and Accountant -General.\nDRAFT 1\n10 Investment of Funds\n21. (1) The Board may invest part of the Fund that is not required for immediate use in\n(a) government securities;\n(b) instruments approved by the Bank of Ghana; or\n(c) any other secure investment approved by the Board, in consultation with\nthe Minister responsible for Finance.\n(2) Returns on investments shall accrue to the Fund.\nRetention and roll-over of Funds\n22. (1) Monies in the Fund not disbursed in a financial year shall not lapse but shall be\nretained in the Fund for the same purpose in subsequent years.\n(2) Any disbursement from the Fund shall be guided by an approved work plan\nand financing strategy.\nTax Exemption",
|
| 12 |
+
"retained in the Fund for the same purpose in subsequent years.\n(2) Any disbursement from the Fund shall be guided by an approved work plan\nand financing strategy.\nTax Exemption\n23. Subject to the Constitution and in accordance with the Exemptions Act, 2022 (Act\n1083) the Fund is exempt from tax.\nExpenses of the Fund\n24. The expenses of the Fund including the salaries of employees of the Fund and other\nadministrative expenses related to the Fund shall be paid from moneys provided for the\nFund.\nAccounts and audit\n25. (1) The Board shall keep books, records, returns and other documents relevant to\nthe accounts in th e form approved by the Auditor -General.\n(2) The Board shall submit the accou nts of the Fund to the Auditor -General for audit\nat the end of the financial year.\n(3) The Auditor -General shall, within six months after the end of the immediately\npreceding financial year, audit the accounts of the Fund and submit a report to Parliament\nand forward a copy of the audit report to the Minister and t he Board.\n(4) The Auditor -General may, in addition to the annual audit under subsection (3),\nconduct technical audits.\n(5) The financial year of the Fund is the same as the financial year of Government.\nDRAFT 1\n11\nAnnual report and other reports\n26. (1) The Board shall, within thirty days after the receipt of the audit report, submit\nan annual report to the Minister covering the activities and operations of the Fund for the\nyear to which the annual report relates.\n(2) The annual report shall in clude the report of the Auditor General.",
|
| 13 |
+
"an annual report to the Minister covering the activities and operations of the Fund for the\nyear to which the annual report relates.\n(2) The annual report shall in clude the report of the Auditor General.\n(3) The Minister shall, within thirty days after the receipt of the annual report,\nsubmit the report to Parliament with a statement that the Minister considers necessary.\n(4) The Board shall submit to the Minister any oth er report which the Minister may\nrequire in writing.\nInternal Audit U nit\n27. (1) The Fund shall have an Internal Audit Unit in accordance with section 83 of the\nPublic Financial Management Act, 2016 (Act 921).\n(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be\nappointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).\n(3) The Internal Auditor is responsible for the internal audit of the Fund.\n(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), at intervals of three months\n(a) prepare and submit to the Board, a report on the internal audit carried out\nduring the period of three months immediately prece ding the preparation of\nthe report; and\n(b) make recommendations in each report with respect to matters which appear\nto the Internal Auditor as necessary for the conduct of the affairs of the Fund.\n(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under\nthis section to the Administrator and the chairperson of the Board.\nUtilisation of the Fund",
|
| 14 |
+
"(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under\nthis section to the Administrator and the chairperson of the Board.\nUtilisation of the Fund\nUse of moneys of the Fund\n28. Moneys from the Fund shall be applied to\n(a) finance digital connectivity and infrastructure projects in underserved or\nunserved areas;\nDRAFT 1\n12 (b) support innovation hubs, start -ups and digital entrepreneurs through grants,\nco-investment or matching funds;\n(c) implement programmes that promote digital literacy, inclusion and skills\ndevelopment;\n(d) support development and deployment of digital public infrastructure and\nservices;\n(e) co-finance public -private partnership projects in the digital economy sector;\n(f) provide operational and techni cal support to beneficiaries of the Fund; and\n(g) cover administrative expenses incurred by the Fund in the performan ce of\nthe functions of the Fund subject to ceilings approved by the Board.\nDisbursement principles\n29. (1) The disbursement of money from the Fund shall be guided by the following\nprinciples :\n(a) alignment with the objects and functions of the Fund under this Act;\n(b) fairness, transparency and accountability in the selection of beneficiaries;\n(c) prioritisation of initiatives that address access, coverage, usage, digital\nliteracy and innovation gaps;\n(d) support for underserved and unserved communities, youth, women and\nvulnerable groups;\n(e) promotion of public -private and community -based partnerships;\n(f) performance -based and results -oriented funding models; and",
|
| 15 |
+
"literacy and innovation gaps;\n(d) support for underserved and unserved communities, youth, women and\nvulnerable groups;\n(e) promotion of public -private and community -based partnerships;\n(f) performance -based and results -oriented funding models; and\n(g) compliance with any guidelines issued by the Board.\n(2) Disbursements may include non -commercial competitive grants to support start -\nup digital infrastructure and services in underserved and unserv ed areas, consistent with\nthe development mandate of the Fund .\nProject prioritisation\n30. (1) The Board shall establish a project prioritisation framework to guide\ndisbursements from the Fund in accordance with national policy.\n(2) In determining the order of priority, the Board shall give preference to\n(a) a projec t that provide s basic digital connectivity in underserved areas;\n(b) a project that establish es access to internet infrastr ucture, digital public\nservices or innovation facilities; and\n(c) any other project or programme designated as a national priority by the\nMinister.\nDRAFT 1\n13 (3) The prioritisation framework shall be subject to periodic review by the Board\nand published on the website of the Fund .\nGuidelines for disbursement\n31. (1) The Board shall issue guidelines for\n(a) eligibility criteria for access to the Fund;\n(b) types of support available, including grants, subsidies, co -financing and\ntechnical assistance;\n(c) disbursement procedures and timelines;\n(d) monitoring and evaluation of funded projects; and\n(e) any other matter necessary to give effect to the efficient disbursement and\nuse of the Fund.",
|
| 16 |
+
"technical assistance;\n(c) disbursement procedures and timelines;\n(d) monitoring and evaluation of funded projects; and\n(e) any other matter necessary to give effect to the efficient disbursement and\nuse of the Fund.\n(2) The guidelines shall be developed through a consultative process involving\nrelevant stakeholders.\n(3) The Board shall publish the guidelines on the website of the Fund and ensure\nthat the guidelines are accessible to the public.\n(4) The guidelines shall include the following\n(a) procedures for open and competitive tendering for public connectivity and\ninfrastructure projects;\n(b) procedures for direct disbursement for community -scale or innovation -\nrelated initiatives below a monetary threshold to be specified by the Board;\n(c) procedures for challenge funds or performance -based calls for proposals for\ninnovation support programmes ; and\n(d) any other procedures for disbursement that the Board may approve .\n(5) Where disbursement involves co -financing or contributions from donors or\ndevelopment partners, the Fund may adopt alternative procedures agreed with such\npartners, provided those procedures are consistent with the object and priorities of the\nFund.\nEligible beneficiaries\n32. Eligible beneficiaries of the Fund include;\n(a) licensed telecommunications providers, internet service providers, FinTech,\nmobile money providers and electronic communications service providers\nthat undertak e projects in underserved areas;\nDRAFT 1\n14 (b) registered digital start -ups, innovation hubs and accelerators;\n(c) institutions that offer digital skills and inclusion programmes;\n(d) public sector bodies that implement digital public infrastructure or\nplatforms;\n(e) universities, research institutions, and TVET providers with approved\ndigital innovation programmes;",
|
| 17 |
+
"(c) institutions that offer digital skills and inclusion programmes;\n(d) public sector bodies that implement digital public infrastructure or\nplatforms;\n(e) universities, research institutions, and TVET providers with approved\ndigital innovation programmes;\n(f) community organisations and cooperatives engaged in grassroots digital\ninitiatives; and\n(g) any other entity approved by the Board in line with the objects of the Fund.\nFunding modalities\n33. (1) The Fund may support projects through\n(a) outright grants;\n(b) co-investment with private or development partners;\n(c) results -based financing tied to defined performance indicators; or\n(d) demand -side subsidies or digital vouchers for devices, services or skills\ndevelopment.\n(2) The choice of modality shall be based on th e nature, impact and sustainability\nof the proposed intervention.\nDisbursement oversight\n34. (1) The Board shall establish an internal Disbursement and Project Evaluation\nCommittee which is responsible for\n(a) assessing funding applications;\n(b) verifying compliance with technical and financial due diligence; and\n(c) recommending di sbursement decisions to the Board.\n(2) The Board shall ensure that all funded projects are subject to periodic monitoring\nand post -project evaluation.\nPublic disclosure and transparency\n35. (1) The Fund shall establish a publicly accessible digital reporting platform for the\npublication of\n(a) approved funding allocations and beneficiary names;\nDRAFT 1\n15 (b) the implementation status of funded projects;\n(c) quarterly summaries of income and expenditure; and\n(d) audit find ings and recommendations.\n(2) The Board shall update the digital reporting platform at least once every quarter.",
|
| 18 |
+
"DRAFT 1\n15 (b) the implementation status of funded projects;\n(c) quarterly summaries of income and expenditure; and\n(d) audit find ings and recommendations.\n(2) The Board shall update the digital reporting platform at least once every quarter.\n(3)The Board shall develop data privacy and information security protocols to\nensure responsible disclosure in line with applicable laws.\nPerformance -based funding and monitoring\n36. (1) Disbursement of funds to beneficiaries shall be based on performance indicators\nspecified in funding agreements.\n(2)The Fund shall apply monitoring and evaluation mechanisms to track and\nassess the outcomes of all supported interventions.\n(3)The Board shall publish an Annual Digital Impact Dashboard , summari sing\n(a) the number and type of beneficiaries reached,\n(b) the key metrics on digital inclusion, innovation, and entrepreneurship,\n(c) gender and geographic equity, and\n(d) recommendations for continuous improvement.\n(4) The Fund shall be evaluated based on measurable performance indicators,\nincluding the\n(a) number of districts with access to basic digital connectivity;\n(b) number of districts with establis hed internet points -of-presence ;\n(c) number of accredited digital skills institutions supported by the Fund;\n(d) number of individuals trained through Fund -supported digital skills\nprogrammes;\n(e) volume and quality of ICT content creation and awareness campaigns\nimplemented;\n(f) financial sust ainability and efficiency of Fund -supported initiatives; and\n(g) socio -economic impact of projects on beneficiary communities.\nDRAFT 1\n16 Rural Telecommunications and Sector Coordination\nAccess to frequency spectrum\n37. (1) The Fund shall collaborate with the National Communications Authority to",
|
| 19 |
+
"(f) financial sust ainability and efficiency of Fund -supported initiatives; and\n(g) socio -economic impact of projects on beneficiary communities.\nDRAFT 1\n16 Rural Telecommunications and Sector Coordination\nAccess to frequency spectrum\n37. (1) The Fund shall collaborate with the National Communications Authority to\npromote access to radio frequency spectrum for rural connectivity initiatives in a manner\nthat preserves the freedom of choice of technology for operators .\n(2)The Board may recommend to the National Communications Authority the\npartial waiver or reduction of spectrum fees for operators that undertak e projects in\nunderserved or high -cost rural areas.\n(3) The Fund shall encourage the use of cost -effective, state -of-the-art or scalable\nsolutions that promote sustainability and coverage.\nTariff recommendations for rural services\n38. (1) The Board may make recommendations to the National Communications\nAuthority on tariff frameworks or interconnection policies that support equitable pricing\nfor rural communications services.\n(2) In promoting universal access, the Board may engage the National\nCommunications Authority to consider tariff rebalancing or special interconnection\nagreements that facilitate affordable access in rural areas.\n(3) The Board shall advocate that the special interconnection agreements do not\nresult in higher call or data charges for end -users in rural communities.\nMonitoring and evaluation of subsidi sed projects\n39. (1) A project supported by the Fund shall be subject to independent monitoring and\nevaluation to ensure alignment with universal access and digital inclusion targets.\n(2) A subsidi sed project shall be subject to reporting requirements including\nfinancial accountability, performance indicators and beneficiary ou tcomes as determined\nby the Board.",
|
| 20 |
+
"evaluation to ensure alignment with universal access and digital inclusion targets.\n(2) A subsidi sed project shall be subject to reporting requirements including\nfinancial accountability, performance indicators and beneficiary ou tcomes as determined\nby the Board.\n(3) The Fund may publish periodic reports on the status and impact of subsidi sed\ninitiatives to inform stakeholders and the public.\nDRAFT 1\n17 Miscellaneous Provisions\nRegulations\n40. (1) The Minister may, by legislative instrument, make Regulations to give effect to\nthis Act.\n(2) Without limiting subsection (1), the Regulations shall provide for\n(a) modalities for calculating contributions from digital ecosystem actors;\n(b) procedures for eligibility, application and disbursement of funding;\n(c) financial management, audit and investment standards;\n(d) performance monitoring and evaluation; and\n(e) reporting formats and digital transparency tools.\nGuidelines\n41. (1) The Board may issue guidelines or administrative directives consistent with\nthis Act or regulations made under this Act to\n(a) clarify procedures for fund management and disbursement;\n(b) establish operational frameworks, codes of conduct or technical protocols;\n(c) provide dir ection on reporting, compliance and use of fund -supported\nresources; and\n(d) provide for any other matter necessary for the effective and efficient\nfunctioning of the Fund.\n(2) Guidelines issues under this Act shall be published on the website of the Fund.\nInterpretation\n42. In this Act, unless the context otherwise requires\n\u201cBoard \u201d means the governing Board of the Digital Economy and Innovation\nDevelopment Fund established under section 3 of this Act;\n\u201cAdministrator \u201d means the person appointed under section 1 5 as the Administrator\nof the Fund;",
|
| 21 |
+
"Interpretation\n42. In this Act, unless the context otherwise requires\n\u201cBoard \u201d means the governing Board of the Digital Economy and Innovation\nDevelopment Fund established under section 3 of this Act;\n\u201cAdministrator \u201d means the person appointed under section 1 5 as the Administrator\nof the Fund;\n\u201cdigital ecosystem players \u201d includes telecommunication operators, over -the-top\nplatforms, cloud service providers, FinTechs, digital content platforms,\nDRAFT 1\n18 device manufacturers, and other entities deriving economic value from\nGhana\u2019s digital infrastructure;\n\u201cdigital innovation \u201d means the creation or improvement of digital solutions,\nservices, models or platforms that contribute to economic transformation;\n\u201cdisbursement \u201d means the release or allocation of resources from the Fund to\neligible recipients or initiatives;\n\u201cFund \u201d means the Digital Economy and Innovation Development Fund established\nunder section 3 of this Act;\n\u201cMinister \u201d means the Minister responsib le for Communications, Digital\nTechnology and Innovation;\n\u201cNational digital transformation policy \u201d refers to the prevailing government policy\nframework or strategy that guides the implementation of digital economy and\ninnovation programmes in Ghana;\n\u201cstart-up\u201d means a newly established or early -stage business, typically with high\ngrowth potential and operating in the technology or innovation sector; and\n\u201cunderserved or unserved areas \u201d means any geographical, demographic or sectoral\narea with limited or no access to adequate digital services, infrastructure, or\ncapacity.\nRepeal and savings\n43. (1) Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) are\nrepealed.\n(2) Despite the repeal in subsection (1) any\n(a) Regulations, bye -laws, directives, rules, guidelines, notices, directions or\nother acts lawfully made or done under the repealed provisions and in",
|
| 22 |
+
"repealed.\n(2) Despite the repeal in subsection (1) any\n(a) Regulations, bye -laws, directives, rules, guidelines, notices, directions or\nother acts lawfully made or done under the repealed provisions and in\nforce immediately before the coming into force of this Act shall be\nconsidered to have been made or done under this Act and shall continue\nto have effect until revoked, reviewed, cancelled, withdrawn, or\nterminated; and\n(b) right, obligation or proceedings arising under those sections before the\ncoming into force of this Act be deemed to have been made under the\ncorresponding provisions of this Act and shall continue to have effect\nuntil revoked, cancelled, withdrawn, or terminated.\nDRAFT 1\n19\nTransitional provisions\n44. On the coming into force of this Act\n(a) the Ghana Investment Fund for Electronic Communications established under\nSections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) shall\ncease to exist;\n(b) the assets, rights, obligations, liabilities, and records of the Ghana Investment\nFund for Electronic Communications immediately before the commencement\nof this Act are transferred to the Digital Economy and Innovation\nDevelopment Fund established under this Act ;\n(c) any decision, agreement, project, or contract lawfully entered into by or on\nbehalf of the Ghana Investment Fund for Electronic Comm unications and\nsubsisting immediately before the coming into force of this Act shall be\ndeemed to have been made by or in favour of the Fund established under this\nAct;\n(d) a person in the employment of the Ghana Investment Fund for Electronic\nCommunications shall be deemed to have been duly employed by the Fund on\nterms and conditions which are no less favourable in aggregate to the terms and",
|
| 23 |
+
"deemed to have been made by or in favour of the Fund established under this\nAct;\n(d) a person in the employment of the Ghana Investment Fund for Electronic\nCommunications shall be deemed to have been duly employed by the Fund on\nterms and conditions which are no less favourable in aggregate to the terms and\nconditions attached to the post h eld by the person before the coming into force\nof this Act;\u201d\n(2) The Minister may, in consultation with the Public Services Commission, issue\nadministrative directives to facilitate the smooth transition from the Ghana Investment\nFund for Electronic Commun ications to the new Fund.\nDRAFT 1\n20 SECOND SCHEDULE\n(Section 6 (3))\nOFFICIAL OATHS\nPART A\nOATH OF OFFICE\nI.. ..............................do, (in the name of the Almighty God, swear) (solemnly affirm) that\nI will, at all times, well and truly serve the Republic of Ghana in the office of\n......................... and that I will uphold, preserve and protect the Fund as by law established\n(So help me God).\nPART B\nOATH OF SECRECY\nI.. .............................., holding the office of................. ........... do (in the name of the",
|
| 24 |
+
"Almighty God, swear) (solemnly affirm) that I will not directly or indirectly communicate\nor reveal to any person any matter which shall be brought under my consideration or shall\ncome to my knowledge in the discharge of my official duties except as may be required for\nthe discharge of my official duties or as may be specifically permitted by law (So help me\nGod).\nDRAFT 1\n21 SECOND SCHEDULE\n(Section 1 9)\nSECTOR CONTRIBUTIONS\nSector Entities Percentage\nof net\nrevenue\n1. Technology\nSpace Operators\nElectronic\ncommunications\nservice\nproviders and\nlicensees,\nauthorised, or\ndesignated under\nthe applicable\nActs or\nregulations\nadministered by\nthe National\nCommunications\nAuthority (a) Fixed Network Operators (FNOs)\n(b) Mobile Network Operators (MNOs)\n(c) Telecommunications Infrastructure\nCompanies\n(d) Terrestrial Fibre Optic Network\nOperators\n(e) Broadband Wireless Access (BWA)\nService Providers\n(f) International Gateway Licensees (IGLs)\n(g) Mobile Virtual Network Operators\n(MVNOs)\n(h) International Wholesale Carrier\nLicensees (IWCLs)\n(i) Submarine Cable Landing Station\nOperators\n(j) Interconnect Clearing House (ICH)\nOperators\n(k) Communications Managed and Support\nServices Providers\n(l) any other licensee or service provider\nthat the National Communications\nAuthority may des ignate as a contributor\nto the Fund\n3%\n2. net revenue from electronic money issuers; 1%\n3. ICT total gross revenue generated by the\nGovernment 1%"
|
| 25 |
+
]
|
assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/document.txt
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|
| 1 |
+
DRAFT 1
|
| 2 |
+
1
|
| 3 |
+
ARRANGEMENT OF SECTIONS
|
| 4 |
+
Section
|
| 5 |
+
Preliminary Provisions
|
| 6 |
+
1. Application of the Act
|
| 7 |
+
2. Object of the Act
|
| 8 |
+
Digital Economy and Innovation Development Fund
|
| 9 |
+
3. Establishment of the Fund
|
| 10 |
+
4. Object of the Fund
|
| 11 |
+
5. Functions of the Fund
|
| 12 |
+
Governance of the Fund
|
| 13 |
+
6. Governing body of the Fund
|
| 14 |
+
7. Functions of the Board
|
| 15 |
+
8. Tenure of office of members of the Board
|
| 16 |
+
9. Duties and liabilities of a member of the Board
|
| 17 |
+
10. Meetings of the Board
|
| 18 |
+
11. Disclosure of interest
|
| 19 |
+
12. Establishment of committees
|
| 20 |
+
13. Allowances
|
| 21 |
+
14. Policy directives
|
| 22 |
+
Administrative provisions
|
| 23 |
+
15. Administrator of the Fund
|
| 24 |
+
16. Deputy Administrator
|
| 25 |
+
17. Appointment of other staff of the Fund
|
| 26 |
+
18. Offices of the Fund
|
| 27 |
+
Financial Provisions
|
| 28 |
+
19. Sources of money for the Fund
|
| 29 |
+
20. Bank account of the Fund
|
| 30 |
+
21. Investment of Funds
|
| 31 |
+
22. Retention and roll -over of Funds
|
| 32 |
+
23. Tax exemption
|
| 33 |
+
24. Expenses of the Fund
|
| 34 |
+
DRAFT 1
|
| 35 |
+
2 25. Accounts and audit
|
| 36 |
+
26. Annual report and other reports
|
| 37 |
+
27. Internal Audit Unit
|
| 38 |
+
Utilisation of the Fund
|
| 39 |
+
28. Use of moneys of the Fund
|
| 40 |
+
29. Disbursement p rinciples
|
| 41 |
+
30. Project p rioritisation
|
| 42 |
+
31. Guidelines for d isbursement
|
| 43 |
+
32. Eligible b eneficiaries
|
| 44 |
+
33. Funding modalities
|
| 45 |
+
34. Disbursement oversight
|
| 46 |
+
35. Public disclosure and transparency
|
| 47 |
+
36. Performance -based funding and monitoring
|
| 48 |
+
Rural Telecommunications and Sector Coordination
|
| 49 |
+
37. Access to frequency spectrum
|
| 50 |
+
38. Tariff recommendations for rural services
|
| 51 |
+
39. Monit oring and evaluation of subsidis ed projects
|
| 52 |
+
Miscellaneous Provisions
|
| 53 |
+
40. Regulations
|
| 54 |
+
41. Guidelines
|
| 55 |
+
42. Interpretation
|
| 56 |
+
43. Repeal and savings
|
| 57 |
+
44. Transitional provisions
|
| 58 |
+
SCHEDULES
|
| 59 |
+
FIRST SCHEDULE
|
| 60 |
+
Sector contributions
|
| 61 |
+
SECOND SCHEDULE
|
| 62 |
+
Official Oaths
|
| 63 |
+
DRAFT 1
|
| 64 |
+
3
|
| 65 |
+
A
|
| 66 |
+
BILL
|
| 67 |
+
ENTITLED
|
| 68 |
+
DIGITAL ECONOMY AND INNOVATION DEVELOPMENT FUND ACT, 2025
|
| 69 |
+
An Act to establish the Digital Economy and Innovation Development Fund to provide
|
| 70 |
+
financial and technical support for digital infrastructure, innovation, skills development,
|
| 71 |
+
entrepreneurship, and inclusive access to digital services; to ensure sustainable,
|
| 72 |
+
transparent, and accountable use of resources; and to provide for related matters.
|
| 73 |
+
PASSED By Parliament and assented to by the President
|
| 74 |
+
Preliminary Provisions
|
| 75 |
+
Application of the Act
|
| 76 |
+
1. This Act applies to a public, private or non -profit entity that
|
| 77 |
+
(a) contribute s to the Fund ;
|
| 78 |
+
(b) seeks to access the Fund ; or
|
| 79 |
+
(c) partner s with the Fund .
|
| 80 |
+
Object of the Act
|
| 81 |
+
2. The object of this Act is to provide a sustainable and transparent mechanism to
|
| 82 |
+
mobilise and allocate financial and other resources to accelerate digital inclusion and
|
| 83 |
+
innovation in the underserved and unserved areas.
|
| 84 |
+
DRAFT 1
|
| 85 |
+
4 Digital Economy and Innovation Development Fund
|
| 86 |
+
Establishment of the Fund
|
| 87 |
+
3. (1) There is established by this Act the Digital Economy and Innovation
|
| 88 |
+
Development Fund as a body corporate .
|
| 89 |
+
(2) The Fund may for the performance of the functions of the Fund acquire and hold
|
| 90 |
+
property, dispose of property and enter into a contract or any other related transaction .
|
| 91 |
+
(3) Where there is hindrance to the acquisition of land, the land may be acquired for
|
| 92 |
+
the Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund.
|
| 93 |
+
Object of the Fund
|
| 94 |
+
4. The object of the Fund is to provide financial and non -financial support to facilitate and
|
| 95 |
+
accelerate
|
| 96 |
+
(a) universal access to digital infrastructure and services in underserved and
|
| 97 |
+
unserved areas to close coverage, upgrade, and usage gaps in broadband and
|
| 98 |
+
digital service deliv ery across the country ;
|
| 99 |
+
(b) the growth of the digital economy of the Country through support for innovation,
|
| 100 |
+
entrepreneurship, and technology development;
|
| 101 |
+
(c) the development of a digitally skilled and inclusive workforce ; and
|
| 102 |
+
(d) the deployment of digital solutions that enhance governance, service delivery,
|
| 103 |
+
productivity, and job creation.
|
| 104 |
+
Functions of the Fund
|
| 105 |
+
5. To achieve the object of the Fund , the Fund shall
|
| 106 |
+
(a) mobilise financial and non -financial resources from public, private and donor
|
| 107 |
+
sources;
|
| 108 |
+
(b) provide resources, grants, subsidies, co -financing or other support to eligible
|
| 109 |
+
digital economy and innovation projects;
|
| 110 |
+
(c) promote investments in broadband and connectivity infrastructure in underserved
|
| 111 |
+
and unserved areas;
|
| 112 |
+
(d) support digital entrepreneurship, start -ups, innovation hubs and FinTech
|
| 113 |
+
initiatives;
|
| 114 |
+
(e) finance programmes for digital skills development including youth, women and
|
| 115 |
+
vulnerable groups;
|
| 116 |
+
DRAFT 1
|
| 117 |
+
5 (f) fund the development and uptake of digital public infrastructure and servi ces
|
| 118 |
+
including e -health, e -education, e -agriculture and e -government platforms;
|
| 119 |
+
(g) collaborate with development partners, private sector actors, academic
|
| 120 |
+
institutions and civil society organisations;
|
| 121 |
+
(h) establish frameworks for monitoring, evaluating and reportin g on the use and
|
| 122 |
+
impact of the resources of the Fund ; and
|
| 123 |
+
(i) perform any other function ancillary to the achievement of the object of the Fund.
|
| 124 |
+
Governance of the Fund
|
| 125 |
+
Governing body of the Fund
|
| 126 |
+
6. (1) The governing body of the Fund is a Board of Trustees consisting of
|
| 127 |
+
(a) the Minister or a representative of the Minister as chairperson ;
|
| 128 |
+
(b) the Administrator of the Fund;
|
| 129 |
+
(c) a representative each of
|
| 130 |
+
(i) the National Communications Authority, not below the rank of a
|
| 131 |
+
Director , nominated by………………… …….. . ;
|
| 132 |
+
(ii) the Ministry , not below the rank of a Director , nominated
|
| 133 |
+
by…… ............….. ;
|
| 134 |
+
(iii) the Ghana Chamber of Telecommunications , nominated
|
| 135 |
+
by…………………….. ;
|
| 136 |
+
(iv) the Mobile Network Operators , nominated by……………………… ;
|
| 137 |
+
(d) a member of the Parliamentary Select Committee on Communications
|
| 138 |
+
nominated by that Committee ; and
|
| 139 |
+
(e) two other persons nominated by the President, one of whom is a woman.
|
| 140 |
+
(2) Members of the Board shall be appointed by the President in accordance with
|
| 141 |
+
article 70 of the Constitution.
|
| 142 |
+
(3) The chairperson and other members of the Board shall, before assuming office,
|
| 143 |
+
take and su bscribe to the Official Oaths specified in the First Schedule.
|
| 144 |
+
Functions of the Board
|
| 145 |
+
7. (1) The Board is responsible for the policy direction, strategic oversight, and
|
| 146 |
+
governance of the Fund.
|
| 147 |
+
(2)The Board shall , in the performance of this function, have regard to this Act
|
| 148 |
+
and any other relevant enactment.
|
| 149 |
+
DRAFT 1
|
| 150 |
+
6
|
| 151 |
+
Tenure of office of members of the Board
|
| 152 |
+
8. (1) A member of the Board, other than the Administrator , shall hold office for a
|
| 153 |
+
term of four years and is eligible for re -appointment for another term only.
|
| 154 |
+
(2) A member may resign from office by notice in writing addressed to the President
|
| 155 |
+
through the Minister.
|
| 156 |
+
(3) The President may, by a letter addressed to a member, revoke the appointment
|
| 157 |
+
of that member .
|
| 158 |
+
(4) A member of the Board, other than the Chief Executive Officer, who is absent
|
| 159 |
+
from three consecutive meetings of the Board without reasonable cause ceases to be a
|
| 160 |
+
member of the Board.
|
| 161 |
+
(5) Where a member of the Board is, for a sufficient reason, unable to act as a
|
| 162 |
+
member, the Minister shall determine whether the inability may result in the declaration of
|
| 163 |
+
a vacancy.
|
| 164 |
+
(6) Where there is a vacancy
|
| 165 |
+
(a) under subsection (2) or (3) or subsection (2) of section 11,
|
| 166 |
+
(b) as a result of a declaration under subsection (5 ), or
|
| 167 |
+
(c) by reason of the death of a member,
|
| 168 |
+
the Minister shall notify the President of the vacancy and the President shall, in
|
| 169 |
+
accordance with this Act, appoint another person to fill the vacancy for the unexpired
|
| 170 |
+
term.
|
| 171 |
+
Duties and liabilities of a member of the Board
|
| 172 |
+
9. (1) A member of the Board has the same fiduciary relationship with the Fund and
|
| 173 |
+
the sa me duty to act in good faith as a director of a company incorporated under the
|
| 174 |
+
Companies Act, 2019 (Act 992).
|
| 175 |
+
(2) Without limiting subsection (1), a member of the Board has a duty
|
| 176 |
+
(a) to act honestly in the performance of the functions of that member;
|
| 177 |
+
(b) to exerc ise the degree of care and diligence in the performance of the
|
| 178 |
+
functions of that member that a reasonable person in that position would
|
| 179 |
+
reasonably be expected to exercise in the circumstances;
|
| 180 |
+
(c) not to use information acquired by virtue of the position of th at member as a
|
| 181 |
+
member of the Board without authorisation; and
|
| 182 |
+
(d) not to make improper use of the position of the member so as to gain
|
| 183 |
+
directly or indirectly, a benefit for the member or for any other person or
|
| 184 |
+
cause loss to the Fund.
|
| 185 |
+
DRAFT 1
|
| 186 |
+
7 (3) A member of the Board who contravenes subsection (1) or (2) commits an
|
| 187 |
+
offence and is liable on summary conviction to a fine of not less than three hundred and
|
| 188 |
+
fifty penalty units and not more than six hundred and fifty penalty units.
|
| 189 |
+
Meetings of the Board
|
| 190 |
+
10. (1) The Board shall meet at least once every quarter for the conduct of business at a
|
| 191 |
+
time and place determined by the C hairperson .
|
| 192 |
+
(2)The Chairperson shall preside at meetings of the Board and in the absence of the
|
| 193 |
+
Chairperson, the members present shall elect one of their number to preside.
|
| 194 |
+
(3)The quorum for a meeting of the Board is five members, including at least one
|
| 195 |
+
representative each from the public and private sectors.
|
| 196 |
+
(4) Matters before the Board shall be decided by a majority of the members present
|
| 197 |
+
and voting and in the event of a tie, the Chairperson shall have a casting vote.
|
| 198 |
+
(5) The Board may co -opt any person to attend its meetings but such person shall
|
| 199 |
+
not have a right to vote.
|
| 200 |
+
(6) The Chairperson shall, upon receipt of a written request by not less than one -
|
| 201 |
+
third of the members of the Board, convene an extraordinary meeting of the Board at a time
|
| 202 |
+
and place determined by the Chairperson, but not later than fourteen days from the date of
|
| 203 |
+
the request.
|
| 204 |
+
(7) A vacancy in the membership of the Board or any defect in t he appointment or
|
| 205 |
+
qualification of a member does not invalidate proceedings of the Board.
|
| 206 |
+
(8) Subject to the provisions of this Act, the Board may determine the procedure for
|
| 207 |
+
its meetings and the regulation of its own affairs.
|
| 208 |
+
Disclosure of interest
|
| 209 |
+
11. (1) A member of the Board who has a n interest in a matter for consideration by the
|
| 210 |
+
Board shall
|
| 211 |
+
(a) disclose in writing the nature of that interest and the disclosure shall form
|
| 212 |
+
part of the re cord of the consideration of the matter; and
|
| 213 |
+
(b) not participate in any delib erations or decisions of the Board relating to that
|
| 214 |
+
matter.
|
| 215 |
+
(2) A member who contravenes subsection (1) cease s to be a member of the Board
|
| 216 |
+
from the date of the contravention.
|
| 217 |
+
DRAFT 1
|
| 218 |
+
8 Committees of the Board
|
| 219 |
+
12. (1) The Board may establish committees consisting of members or non -members or
|
| 220 |
+
both to perform a function of the Board .
|
| 221 |
+
(2) A committee established under this section shall be chaired by a member of the
|
| 222 |
+
Board.
|
| 223 |
+
Allowances
|
| 224 |
+
13. A member of the Board or a member of a committee of the Board shall be paid
|
| 225 |
+
allowances approved by the Minister in consultation with the Minister responsible for
|
| 226 |
+
Finance.
|
| 227 |
+
Policy directives
|
| 228 |
+
14. The Minister may give written directives to the Board on matters of policy and the
|
| 229 |
+
Board shal l comply.
|
| 230 |
+
Administrative provisions
|
| 231 |
+
Administrator of the Fund
|
| 232 |
+
15. (1) The President shall , in accordance with article 195 of the Constitution , appoint
|
| 233 |
+
an Administrator for the Fund .
|
| 234 |
+
(2) The Administrator shall hold office on the terms and conditions specified in
|
| 235 |
+
the letter of appointment.
|
| 236 |
+
(3) The administrator
|
| 237 |
+
(a) is responsible for the day -to-day management of the Fund;
|
| 238 |
+
(b) is responsible for the implement ation of the decisions of the Board; and
|
| 239 |
+
(c) shall perform any other function determined by the Board.
|
| 240 |
+
Deputy Administrator
|
| 241 |
+
16. (1) The President shall , in accordance with article 195 of the Constitution appoint
|
| 242 |
+
a Deputy Administrator for the Fund.
|
| 243 |
+
(2) The Deputy Administrator shall hold office on the terms and conditions
|
| 244 |
+
specified in the letter of appointment.
|
| 245 |
+
(3) The Deputy Administrator shall
|
| 246 |
+
(a) assist the Administrator in the performance of the functions ; and
|
| 247 |
+
DRAFT 1
|
| 248 |
+
9 (b) perform any other duty as may be assigned by the Administrator or the
|
| 249 |
+
Board.
|
| 250 |
+
Appointment of o ther s taff of the Fund
|
| 251 |
+
17. (1) The President shall, in accordance with article 195 of the Constitution, appoint
|
| 252 |
+
other staff of the Fund as may be necessary.
|
| 253 |
+
(2)The Board may engage the services of consultants or advisors with expertise in
|
| 254 |
+
matters relevant to the mandate of the Fund on terms approved by the Board.
|
| 255 |
+
Offices of the Fund
|
| 256 |
+
18. (1) The head office of the Fund shall be in Accra .
|
| 257 |
+
(2) The Fund may establish regional or district offices in other parts of the country
|
| 258 |
+
as the Board may determine.
|
| 259 |
+
Financial Provisions
|
| 260 |
+
Sources of money for the Fund
|
| 261 |
+
19. The sources of money for the Fund are
|
| 262 |
+
(a) moneys approved by Parliament;
|
| 263 |
+
(b) a mandatory quarterly contribution of three percent of net revenues from
|
| 264 |
+
electronic communications service providers and licensees specified in
|
| 265 |
+
Second schedule.
|
| 266 |
+
(c) one percent of net revenue from electronic money issuers ;
|
| 267 |
+
(d) one percent of the total revenue generated by the Government from the ICT
|
| 268 |
+
sector, including taxes, levies, regulatory fees, and statutory charges, as may
|
| 269 |
+
be prescribed by regulations;
|
| 270 |
+
(e) grants, donations and gifts;
|
| 271 |
+
(f) income generated from investments made by the Fund; and
|
| 272 |
+
(g) any other money that may become lawfully payable to the Fund.
|
| 273 |
+
Bank account of the Fund
|
| 274 |
+
20. The moneys of the Fund shall be paid into a bank account open ed for the Fund with
|
| 275 |
+
the approval of the Controller and Accountant -General.
|
| 276 |
+
DRAFT 1
|
| 277 |
+
10 Investment of Funds
|
| 278 |
+
21. (1) The Board may invest part of the Fund that is not required for immediate use in
|
| 279 |
+
(a) government securities;
|
| 280 |
+
(b) instruments approved by the Bank of Ghana; or
|
| 281 |
+
(c) any other secure investment approved by the Board, in consultation with
|
| 282 |
+
the Minister responsible for Finance.
|
| 283 |
+
(2) Returns on investments shall accrue to the Fund.
|
| 284 |
+
Retention and roll-over of Funds
|
| 285 |
+
22. (1) Monies in the Fund not disbursed in a financial year shall not lapse but shall be
|
| 286 |
+
retained in the Fund for the same purpose in subsequent years.
|
| 287 |
+
(2) Any disbursement from the Fund shall be guided by an approved work plan
|
| 288 |
+
and financing strategy.
|
| 289 |
+
Tax Exemption
|
| 290 |
+
23. Subject to the Constitution and in accordance with the Exemptions Act, 2022 (Act
|
| 291 |
+
1083) the Fund is exempt from tax.
|
| 292 |
+
Expenses of the Fund
|
| 293 |
+
24. The expenses of the Fund including the salaries of employees of the Fund and other
|
| 294 |
+
administrative expenses related to the Fund shall be paid from moneys provided for the
|
| 295 |
+
Fund.
|
| 296 |
+
Accounts and audit
|
| 297 |
+
25. (1) The Board shall keep books, records, returns and other documents relevant to
|
| 298 |
+
the accounts in th e form approved by the Auditor -General.
|
| 299 |
+
(2) The Board shall submit the accou nts of the Fund to the Auditor -General for audit
|
| 300 |
+
at the end of the financial year.
|
| 301 |
+
(3) The Auditor -General shall, within six months after the end of the immediately
|
| 302 |
+
preceding financial year, audit the accounts of the Fund and submit a report to Parliament
|
| 303 |
+
and forward a copy of the audit report to the Minister and t he Board.
|
| 304 |
+
(4) The Auditor -General may, in addition to the annual audit under subsection (3),
|
| 305 |
+
conduct technical audits.
|
| 306 |
+
(5) The financial year of the Fund is the same as the financial year of Government.
|
| 307 |
+
DRAFT 1
|
| 308 |
+
11
|
| 309 |
+
Annual report and other reports
|
| 310 |
+
26. (1) The Board shall, within thirty days after the receipt of the audit report, submit
|
| 311 |
+
an annual report to the Minister covering the activities and operations of the Fund for the
|
| 312 |
+
year to which the annual report relates.
|
| 313 |
+
(2) The annual report shall in clude the report of the Auditor General.
|
| 314 |
+
(3) The Minister shall, within thirty days after the receipt of the annual report,
|
| 315 |
+
submit the report to Parliament with a statement that the Minister considers necessary.
|
| 316 |
+
(4) The Board shall submit to the Minister any oth er report which the Minister may
|
| 317 |
+
require in writing.
|
| 318 |
+
Internal Audit U nit
|
| 319 |
+
27. (1) The Fund shall have an Internal Audit Unit in accordance with section 83 of the
|
| 320 |
+
Public Financial Management Act, 2016 (Act 921).
|
| 321 |
+
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be
|
| 322 |
+
appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
|
| 323 |
+
(3) The Internal Auditor is responsible for the internal audit of the Fund.
|
| 324 |
+
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the
|
| 325 |
+
Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
|
| 326 |
+
(a) prepare and submit to the Board, a report on the internal audit carried out
|
| 327 |
+
during the period of three months immediately prece ding the preparation of
|
| 328 |
+
the report; and
|
| 329 |
+
(b) make recommendations in each report with respect to matters which appear
|
| 330 |
+
to the Internal Auditor as necessary for the conduct of the affairs of the Fund.
|
| 331 |
+
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the
|
| 332 |
+
Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under
|
| 333 |
+
this section to the Administrator and the chairperson of the Board.
|
| 334 |
+
Utilisation of the Fund
|
| 335 |
+
Use of moneys of the Fund
|
| 336 |
+
28. Moneys from the Fund shall be applied to
|
| 337 |
+
(a) finance digital connectivity and infrastructure projects in underserved or
|
| 338 |
+
unserved areas;
|
| 339 |
+
DRAFT 1
|
| 340 |
+
12 (b) support innovation hubs, start -ups and digital entrepreneurs through grants,
|
| 341 |
+
co-investment or matching funds;
|
| 342 |
+
(c) implement programmes that promote digital literacy, inclusion and skills
|
| 343 |
+
development;
|
| 344 |
+
(d) support development and deployment of digital public infrastructure and
|
| 345 |
+
services;
|
| 346 |
+
(e) co-finance public -private partnership projects in the digital economy sector;
|
| 347 |
+
(f) provide operational and techni cal support to beneficiaries of the Fund; and
|
| 348 |
+
(g) cover administrative expenses incurred by the Fund in the performan ce of
|
| 349 |
+
the functions of the Fund subject to ceilings approved by the Board.
|
| 350 |
+
Disbursement principles
|
| 351 |
+
29. (1) The disbursement of money from the Fund shall be guided by the following
|
| 352 |
+
principles :
|
| 353 |
+
(a) alignment with the objects and functions of the Fund under this Act;
|
| 354 |
+
(b) fairness, transparency and accountability in the selection of beneficiaries;
|
| 355 |
+
(c) prioritisation of initiatives that address access, coverage, usage, digital
|
| 356 |
+
literacy and innovation gaps;
|
| 357 |
+
(d) support for underserved and unserved communities, youth, women and
|
| 358 |
+
vulnerable groups;
|
| 359 |
+
(e) promotion of public -private and community -based partnerships;
|
| 360 |
+
(f) performance -based and results -oriented funding models; and
|
| 361 |
+
(g) compliance with any guidelines issued by the Board.
|
| 362 |
+
(2) Disbursements may include non -commercial competitive grants to support start -
|
| 363 |
+
up digital infrastructure and services in underserved and unserv ed areas, consistent with
|
| 364 |
+
the development mandate of the Fund .
|
| 365 |
+
Project prioritisation
|
| 366 |
+
30. (1) The Board shall establish a project prioritisation framework to guide
|
| 367 |
+
disbursements from the Fund in accordance with national policy.
|
| 368 |
+
(2) In determining the order of priority, the Board shall give preference to
|
| 369 |
+
(a) a projec t that provide s basic digital connectivity in underserved areas;
|
| 370 |
+
(b) a project that establish es access to internet infrastr ucture, digital public
|
| 371 |
+
services or innovation facilities; and
|
| 372 |
+
(c) any other project or programme designated as a national priority by the
|
| 373 |
+
Minister.
|
| 374 |
+
DRAFT 1
|
| 375 |
+
13 (3) The prioritisation framework shall be subject to periodic review by the Board
|
| 376 |
+
and published on the website of the Fund .
|
| 377 |
+
Guidelines for disbursement
|
| 378 |
+
31. (1) The Board shall issue guidelines for
|
| 379 |
+
(a) eligibility criteria for access to the Fund;
|
| 380 |
+
(b) types of support available, including grants, subsidies, co -financing and
|
| 381 |
+
technical assistance;
|
| 382 |
+
(c) disbursement procedures and timelines;
|
| 383 |
+
(d) monitoring and evaluation of funded projects; and
|
| 384 |
+
(e) any other matter necessary to give effect to the efficient disbursement and
|
| 385 |
+
use of the Fund.
|
| 386 |
+
(2) The guidelines shall be developed through a consultative process involving
|
| 387 |
+
relevant stakeholders.
|
| 388 |
+
(3) The Board shall publish the guidelines on the website of the Fund and ensure
|
| 389 |
+
that the guidelines are accessible to the public.
|
| 390 |
+
(4) The guidelines shall include the following
|
| 391 |
+
(a) procedures for open and competitive tendering for public connectivity and
|
| 392 |
+
infrastructure projects;
|
| 393 |
+
(b) procedures for direct disbursement for community -scale or innovation -
|
| 394 |
+
related initiatives below a monetary threshold to be specified by the Board;
|
| 395 |
+
(c) procedures for challenge funds or performance -based calls for proposals for
|
| 396 |
+
innovation support programmes ; and
|
| 397 |
+
(d) any other procedures for disbursement that the Board may approve .
|
| 398 |
+
(5) Where disbursement involves co -financing or contributions from donors or
|
| 399 |
+
development partners, the Fund may adopt alternative procedures agreed with such
|
| 400 |
+
partners, provided those procedures are consistent with the object and priorities of the
|
| 401 |
+
Fund.
|
| 402 |
+
Eligible beneficiaries
|
| 403 |
+
32. Eligible beneficiaries of the Fund include;
|
| 404 |
+
(a) licensed telecommunications providers, internet service providers, FinTech,
|
| 405 |
+
mobile money providers and electronic communications service providers
|
| 406 |
+
that undertak e projects in underserved areas;
|
| 407 |
+
DRAFT 1
|
| 408 |
+
14 (b) registered digital start -ups, innovation hubs and accelerators;
|
| 409 |
+
(c) institutions that offer digital skills and inclusion programmes;
|
| 410 |
+
(d) public sector bodies that implement digital public infrastructure or
|
| 411 |
+
platforms;
|
| 412 |
+
(e) universities, research institutions, and TVET providers with approved
|
| 413 |
+
digital innovation programmes;
|
| 414 |
+
(f) community organisations and cooperatives engaged in grassroots digital
|
| 415 |
+
initiatives; and
|
| 416 |
+
(g) any other entity approved by the Board in line with the objects of the Fund.
|
| 417 |
+
Funding modalities
|
| 418 |
+
33. (1) The Fund may support projects through
|
| 419 |
+
(a) outright grants;
|
| 420 |
+
(b) co-investment with private or development partners;
|
| 421 |
+
(c) results -based financing tied to defined performance indicators; or
|
| 422 |
+
(d) demand -side subsidies or digital vouchers for devices, services or skills
|
| 423 |
+
development.
|
| 424 |
+
(2) The choice of modality shall be based on th e nature, impact and sustainability
|
| 425 |
+
of the proposed intervention.
|
| 426 |
+
Disbursement oversight
|
| 427 |
+
34. (1) The Board shall establish an internal Disbursement and Project Evaluation
|
| 428 |
+
Committee which is responsible for
|
| 429 |
+
(a) assessing funding applications;
|
| 430 |
+
(b) verifying compliance with technical and financial due diligence; and
|
| 431 |
+
(c) recommending di sbursement decisions to the Board.
|
| 432 |
+
(2) The Board shall ensure that all funded projects are subject to periodic monitoring
|
| 433 |
+
and post -project evaluation.
|
| 434 |
+
Public disclosure and transparency
|
| 435 |
+
35. (1) The Fund shall establish a publicly accessible digital reporting platform for the
|
| 436 |
+
publication of
|
| 437 |
+
(a) approved funding allocations and beneficiary names;
|
| 438 |
+
DRAFT 1
|
| 439 |
+
15 (b) the implementation status of funded projects;
|
| 440 |
+
(c) quarterly summaries of income and expenditure; and
|
| 441 |
+
(d) audit find ings and recommendations.
|
| 442 |
+
(2) The Board shall update the digital reporting platform at least once every quarter.
|
| 443 |
+
(3)The Board shall develop data privacy and information security protocols to
|
| 444 |
+
ensure responsible disclosure in line with applicable laws.
|
| 445 |
+
Performance -based funding and monitoring
|
| 446 |
+
36. (1) Disbursement of funds to beneficiaries shall be based on performance indicators
|
| 447 |
+
specified in funding agreements.
|
| 448 |
+
(2)The Fund shall apply monitoring and evaluation mechanisms to track and
|
| 449 |
+
assess the outcomes of all supported interventions.
|
| 450 |
+
(3)The Board shall publish an Annual Digital Impact Dashboard , summari sing
|
| 451 |
+
(a) the number and type of beneficiaries reached,
|
| 452 |
+
(b) the key metrics on digital inclusion, innovation, and entrepreneurship,
|
| 453 |
+
(c) gender and geographic equity, and
|
| 454 |
+
(d) recommendations for continuous improvement.
|
| 455 |
+
(4) The Fund shall be evaluated based on measurable performance indicators,
|
| 456 |
+
including the
|
| 457 |
+
(a) number of districts with access to basic digital connectivity;
|
| 458 |
+
(b) number of districts with establis hed internet points -of-presence ;
|
| 459 |
+
(c) number of accredited digital skills institutions supported by the Fund;
|
| 460 |
+
(d) number of individuals trained through Fund -supported digital skills
|
| 461 |
+
programmes;
|
| 462 |
+
(e) volume and quality of ICT content creation and awareness campaigns
|
| 463 |
+
implemented;
|
| 464 |
+
(f) financial sust ainability and efficiency of Fund -supported initiatives; and
|
| 465 |
+
(g) socio -economic impact of projects on beneficiary communities.
|
| 466 |
+
DRAFT 1
|
| 467 |
+
16 Rural Telecommunications and Sector Coordination
|
| 468 |
+
Access to frequency spectrum
|
| 469 |
+
37. (1) The Fund shall collaborate with the National Communications Authority to
|
| 470 |
+
promote access to radio frequency spectrum for rural connectivity initiatives in a manner
|
| 471 |
+
that preserves the freedom of choice of technology for operators .
|
| 472 |
+
(2)The Board may recommend to the National Communications Authority the
|
| 473 |
+
partial waiver or reduction of spectrum fees for operators that undertak e projects in
|
| 474 |
+
underserved or high -cost rural areas.
|
| 475 |
+
(3) The Fund shall encourage the use of cost -effective, state -of-the-art or scalable
|
| 476 |
+
solutions that promote sustainability and coverage.
|
| 477 |
+
Tariff recommendations for rural services
|
| 478 |
+
38. (1) The Board may make recommendations to the National Communications
|
| 479 |
+
Authority on tariff frameworks or interconnection policies that support equitable pricing
|
| 480 |
+
for rural communications services.
|
| 481 |
+
(2) In promoting universal access, the Board may engage the National
|
| 482 |
+
Communications Authority to consider tariff rebalancing or special interconnection
|
| 483 |
+
agreements that facilitate affordable access in rural areas.
|
| 484 |
+
(3) The Board shall advocate that the special interconnection agreements do not
|
| 485 |
+
result in higher call or data charges for end -users in rural communities.
|
| 486 |
+
Monitoring and evaluation of subsidi sed projects
|
| 487 |
+
39. (1) A project supported by the Fund shall be subject to independent monitoring and
|
| 488 |
+
evaluation to ensure alignment with universal access and digital inclusion targets.
|
| 489 |
+
(2) A subsidi sed project shall be subject to reporting requirements including
|
| 490 |
+
financial accountability, performance indicators and beneficiary ou tcomes as determined
|
| 491 |
+
by the Board.
|
| 492 |
+
(3) The Fund may publish periodic reports on the status and impact of subsidi sed
|
| 493 |
+
initiatives to inform stakeholders and the public.
|
| 494 |
+
DRAFT 1
|
| 495 |
+
17 Miscellaneous Provisions
|
| 496 |
+
Regulations
|
| 497 |
+
40. (1) The Minister may, by legislative instrument, make Regulations to give effect to
|
| 498 |
+
this Act.
|
| 499 |
+
(2) Without limiting subsection (1), the Regulations shall provide for
|
| 500 |
+
(a) modalities for calculating contributions from digital ecosystem actors;
|
| 501 |
+
(b) procedures for eligibility, application and disbursement of funding;
|
| 502 |
+
(c) financial management, audit and investment standards;
|
| 503 |
+
(d) performance monitoring and evaluation; and
|
| 504 |
+
(e) reporting formats and digital transparency tools.
|
| 505 |
+
Guidelines
|
| 506 |
+
41. (1) The Board may issue guidelines or administrative directives consistent with
|
| 507 |
+
this Act or regulations made under this Act to
|
| 508 |
+
(a) clarify procedures for fund management and disbursement;
|
| 509 |
+
(b) establish operational frameworks, codes of conduct or technical protocols;
|
| 510 |
+
(c) provide dir ection on reporting, compliance and use of fund -supported
|
| 511 |
+
resources; and
|
| 512 |
+
(d) provide for any other matter necessary for the effective and efficient
|
| 513 |
+
functioning of the Fund.
|
| 514 |
+
(2) Guidelines issues under this Act shall be published on the website of the Fund.
|
| 515 |
+
Interpretation
|
| 516 |
+
42. In this Act, unless the context otherwise requires
|
| 517 |
+
“Board ” means the governing Board of the Digital Economy and Innovation
|
| 518 |
+
Development Fund established under section 3 of this Act;
|
| 519 |
+
“Administrator ” means the person appointed under section 1 5 as the Administrator
|
| 520 |
+
of the Fund;
|
| 521 |
+
“digital ecosystem players ” includes telecommunication operators, over -the-top
|
| 522 |
+
platforms, cloud service providers, FinTechs, digital content platforms,
|
| 523 |
+
DRAFT 1
|
| 524 |
+
18 device manufacturers, and other entities deriving economic value from
|
| 525 |
+
Ghana’s digital infrastructure;
|
| 526 |
+
“digital innovation ” means the creation or improvement of digital solutions,
|
| 527 |
+
services, models or platforms that contribute to economic transformation;
|
| 528 |
+
“disbursement ” means the release or allocation of resources from the Fund to
|
| 529 |
+
eligible recipients or initiatives;
|
| 530 |
+
“Fund ” means the Digital Economy and Innovation Development Fund established
|
| 531 |
+
under section 3 of this Act;
|
| 532 |
+
“Minister ” means the Minister responsib le for Communications, Digital
|
| 533 |
+
Technology and Innovation;
|
| 534 |
+
“National digital transformation policy ” refers to the prevailing government policy
|
| 535 |
+
framework or strategy that guides the implementation of digital economy and
|
| 536 |
+
innovation programmes in Ghana;
|
| 537 |
+
“start-up” means a newly established or early -stage business, typically with high
|
| 538 |
+
growth potential and operating in the technology or innovation sector; and
|
| 539 |
+
“underserved or unserved areas ” means any geographical, demographic or sectoral
|
| 540 |
+
area with limited or no access to adequate digital services, infrastructure, or
|
| 541 |
+
capacity.
|
| 542 |
+
Repeal and savings
|
| 543 |
+
43. (1) Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) are
|
| 544 |
+
repealed.
|
| 545 |
+
(2) Despite the repeal in subsection (1) any
|
| 546 |
+
(a) Regulations, bye -laws, directives, rules, guidelines, notices, directions or
|
| 547 |
+
other acts lawfully made or done under the repealed provisions and in
|
| 548 |
+
force immediately before the coming into force of this Act shall be
|
| 549 |
+
considered to have been made or done under this Act and shall continue
|
| 550 |
+
to have effect until revoked, reviewed, cancelled, withdrawn, or
|
| 551 |
+
terminated; and
|
| 552 |
+
(b) right, obligation or proceedings arising under those sections before the
|
| 553 |
+
coming into force of this Act be deemed to have been made under the
|
| 554 |
+
corresponding provisions of this Act and shall continue to have effect
|
| 555 |
+
until revoked, cancelled, withdrawn, or terminated.
|
| 556 |
+
DRAFT 1
|
| 557 |
+
19
|
| 558 |
+
Transitional provisions
|
| 559 |
+
44. On the coming into force of this Act
|
| 560 |
+
(a) the Ghana Investment Fund for Electronic Communications established under
|
| 561 |
+
Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) shall
|
| 562 |
+
cease to exist;
|
| 563 |
+
(b) the assets, rights, obligations, liabilities, and records of the Ghana Investment
|
| 564 |
+
Fund for Electronic Communications immediately before the commencement
|
| 565 |
+
of this Act are transferred to the Digital Economy and Innovation
|
| 566 |
+
Development Fund established under this Act ;
|
| 567 |
+
(c) any decision, agreement, project, or contract lawfully entered into by or on
|
| 568 |
+
behalf of the Ghana Investment Fund for Electronic Comm unications and
|
| 569 |
+
subsisting immediately before the coming into force of this Act shall be
|
| 570 |
+
deemed to have been made by or in favour of the Fund established under this
|
| 571 |
+
Act;
|
| 572 |
+
(d) a person in the employment of the Ghana Investment Fund for Electronic
|
| 573 |
+
Communications shall be deemed to have been duly employed by the Fund on
|
| 574 |
+
terms and conditions which are no less favourable in aggregate to the terms and
|
| 575 |
+
conditions attached to the post h eld by the person before the coming into force
|
| 576 |
+
of this Act;”
|
| 577 |
+
(2) The Minister may, in consultation with the Public Services Commission, issue
|
| 578 |
+
administrative directives to facilitate the smooth transition from the Ghana Investment
|
| 579 |
+
Fund for Electronic Commun ications to the new Fund.
|
| 580 |
+
DRAFT 1
|
| 581 |
+
20 SECOND SCHEDULE
|
| 582 |
+
(Section 6 (3))
|
| 583 |
+
OFFICIAL OATHS
|
| 584 |
+
PART A
|
| 585 |
+
OATH OF OFFICE
|
| 586 |
+
I.. ..............................do, (in the name of the Almighty God, swear) (solemnly affirm) that
|
| 587 |
+
I will, at all times, well and truly serve the Republic of Ghana in the office of
|
| 588 |
+
......................... and that I will uphold, preserve and protect the Fund as by law established
|
| 589 |
+
(So help me God).
|
| 590 |
+
PART B
|
| 591 |
+
OATH OF SECRECY
|
| 592 |
+
I.. .............................., holding the office of................. ........... do (in the name of the
|
| 593 |
+
Almighty God, swear) (solemnly affirm) that I will not directly or indirectly communicate
|
| 594 |
+
or reveal to any person any matter which shall be brought under my consideration or shall
|
| 595 |
+
come to my knowledge in the discharge of my official duties except as may be required for
|
| 596 |
+
the discharge of my official duties or as may be specifically permitted by law (So help me
|
| 597 |
+
God).
|
| 598 |
+
DRAFT 1
|
| 599 |
+
21 SECOND SCHEDULE
|
| 600 |
+
(Section 1 9)
|
| 601 |
+
SECTOR CONTRIBUTIONS
|
| 602 |
+
Sector Entities Percentage
|
| 603 |
+
of net
|
| 604 |
+
revenue
|
| 605 |
+
1. Technology
|
| 606 |
+
Space Operators
|
| 607 |
+
Electronic
|
| 608 |
+
communications
|
| 609 |
+
service
|
| 610 |
+
providers and
|
| 611 |
+
licensees,
|
| 612 |
+
authorised, or
|
| 613 |
+
designated under
|
| 614 |
+
the applicable
|
| 615 |
+
Acts or
|
| 616 |
+
regulations
|
| 617 |
+
administered by
|
| 618 |
+
the National
|
| 619 |
+
Communications
|
| 620 |
+
Authority (a) Fixed Network Operators (FNOs)
|
| 621 |
+
(b) Mobile Network Operators (MNOs)
|
| 622 |
+
(c) Telecommunications Infrastructure
|
| 623 |
+
Companies
|
| 624 |
+
(d) Terrestrial Fibre Optic Network
|
| 625 |
+
Operators
|
| 626 |
+
(e) Broadband Wireless Access (BWA)
|
| 627 |
+
Service Providers
|
| 628 |
+
(f) International Gateway Licensees (IGLs)
|
| 629 |
+
(g) Mobile Virtual Network Operators
|
| 630 |
+
(MVNOs)
|
| 631 |
+
(h) International Wholesale Carrier
|
| 632 |
+
Licensees (IWCLs)
|
| 633 |
+
(i) Submarine Cable Landing Station
|
| 634 |
+
Operators
|
| 635 |
+
(j) Interconnect Clearing House (ICH)
|
| 636 |
+
Operators
|
| 637 |
+
(k) Communications Managed and Support
|
| 638 |
+
Services Providers
|
| 639 |
+
(l) any other licensee or service provider
|
| 640 |
+
that the National Communications
|
| 641 |
+
Authority may des ignate as a contributor
|
| 642 |
+
to the Fund
|
| 643 |
+
3%
|
| 644 |
+
2. net revenue from electronic money issuers; 1%
|
| 645 |
+
3. ICT total gross revenue generated by the
|
| 646 |
+
Government 1%
|
assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:14:08.661321+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DIGITAL-ECONOMY-AND-INNOVATION-DEVELOPMENT-FUND-BILL.pdf",
|
| 6 |
+
"document_hash": "e04d70c81a9d5a896b62487fa760648ca2851821861ba0709b93e17d99d04de7",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/electronic-communications-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,78 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Electronic Communications Bill, 2025, establishes a comprehensive regulatory framework for electronic communications and broadcasting in Ghana. It mandates licensing and frequency authorizations, enforces universal service obligations, regulates cybersecurity, and introduces mechanisms for dispute resolution. Key provisions include strict compliance with technical standards, interconnection obligations, and safeguards for consumer rights and national security.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Mandates licensing for electronic communications and broadcasting services, with exceptions for private use and government installations.",
|
| 5 |
+
"Imposes obligations on licensees, including network build-out targets, rural service provision, and cybersecurity compliance.",
|
| 6 |
+
"Regulates frequency authorizations, including conditions for use, fees, and restrictions on unauthorized spectrum use.",
|
| 7 |
+
"Requires interconnection and interoperability between networks, with penalties for anti-competitive practices.",
|
| 8 |
+
"Establishes universal service and access obligations, including digital inclusion initiatives and rural connectivity targets.",
|
| 9 |
+
"Introduces enforcement powers for the National Communications Authority, including suspension/revocation of licenses for non-compliance.",
|
| 10 |
+
"Creates dispute resolution mechanisms, including a Tribunal and a Dispute Resolution Committee.",
|
| 11 |
+
"Imposes cybersecurity obligations on licensees, including incident reporting and cooperation with sectoral CERTs."
|
| 12 |
+
],
|
| 13 |
+
"implementation": [
|
| 14 |
+
{
|
| 15 |
+
"stakeholder": "Telecom providers and broadcasters",
|
| 16 |
+
"obligation": "Comply with licensing conditions, pay fees, and meet technical standards for network operations.",
|
| 17 |
+
"implementation_burden": "Administrative costs for compliance, potential delays in service deployment due to regulatory reviews.",
|
| 18 |
+
"risk_or_note": "Non-compliance risks license suspension or revocation, which could disrupt operations."
|
| 19 |
+
},
|
| 20 |
+
{
|
| 21 |
+
"stakeholder": "Rural service providers",
|
| 22 |
+
"obligation": "Provide services to rural areas at subsidized rates or under waived fees.",
|
| 23 |
+
"implementation_burden": "Higher operational costs due to sparse population density and infrastructure challenges.",
|
| 24 |
+
"risk_or_note": "May struggle with profitability, requiring government subsidies or partnerships."
|
| 25 |
+
},
|
| 26 |
+
{
|
| 27 |
+
"stakeholder": "Consumers",
|
| 28 |
+
"obligation": "Report service quality issues and disputes through designated channels.",
|
| 29 |
+
"implementation_burden": "Increased reliance on formal complaint mechanisms, which may be time-consuming.",
|
| 30 |
+
"risk_or_note": "Potential for improved service quality due to regulatory oversight."
|
| 31 |
+
},
|
| 32 |
+
{
|
| 33 |
+
"stakeholder": "Cybersecurity regulators",
|
| 34 |
+
"obligation": "Monitor compliance with cybersecurity protocols and investigate incidents.",
|
| 35 |
+
"implementation_burden": "Resource-intensive oversight of multiple licensees and incident response coordination.",
|
| 36 |
+
"risk_or_note": "Risk of under-resourcing leading to gaps in threat detection."
|
| 37 |
+
}
|
| 38 |
+
],
|
| 39 |
+
"critique": [
|
| 40 |
+
{
|
| 41 |
+
"issue": "Broad discretionary powers for the National Communications Authority",
|
| 42 |
+
"why_it_matters": "The Authority can suspend licenses or amend authorizations based on vague criteria like 'public interest' or 'national security' without clear procedural safeguards.",
|
| 43 |
+
"recommendation": "Introduce specific criteria and independent oversight mechanisms for decisions involving license suspension or national security."
|
| 44 |
+
},
|
| 45 |
+
{
|
| 46 |
+
"issue": "Lack of clarity on dispute resolution timelines",
|
| 47 |
+
"why_it_matters": "The bill does not specify timeframes for dispute resolution by the Tribunal or Committee, potentially delaying service restoration or compensation.",
|
| 48 |
+
"recommendation": "Mandate statutory deadlines for dispute resolution processes to ensure timely outcomes."
|
| 49 |
+
},
|
| 50 |
+
{
|
| 51 |
+
"issue": "Potential for regulatory capture in universal service obligations",
|
| 52 |
+
"why_it_matters": "The bill delegates rural service provision to licensees without explicit safeguards against market failure or underinvestment.",
|
| 53 |
+
"recommendation": "Require performance benchmarks and penalties for non-compliance with rural connectivity targets."
|
| 54 |
+
}
|
| 55 |
+
],
|
| 56 |
+
"swot": {
|
| 57 |
+
"strengths": [
|
| 58 |
+
"Centralized regulation of spectrum and cybersecurity enhances national security and service quality.",
|
| 59 |
+
"Mandatory interconnection and net neutrality provisions promote competition and consumer choice.",
|
| 60 |
+
"Universal service obligations address digital inclusion and rural connectivity gaps."
|
| 61 |
+
],
|
| 62 |
+
"weaknesses": [
|
| 63 |
+
"Complex licensing and compliance requirements may burden SMEs and startups.",
|
| 64 |
+
"Ambiguity in enforcement criteria for license suspension risks arbitrary decisions.",
|
| 65 |
+
"Limited funding mechanisms for universal service initiatives may hinder implementation."
|
| 66 |
+
],
|
| 67 |
+
"opportunities": [
|
| 68 |
+
"Standardized technical regulations could attract foreign investment in telecom infrastructure.",
|
| 69 |
+
"Dispute resolution mechanisms may reduce litigation costs for stakeholders.",
|
| 70 |
+
"Cybersecurity frameworks could position Ghana as a regional hub for secure digital services."
|
| 71 |
+
],
|
| 72 |
+
"threats": [
|
| 73 |
+
"Overregulation may stifle innovation in emerging technologies like 5G or IoT.",
|
| 74 |
+
"High compliance costs could deter new entrants, reducing market competition.",
|
| 75 |
+
"Geopolitical tensions may complicate international spectrum allocation agreements."
|
| 76 |
+
]
|
| 77 |
+
}
|
| 78 |
+
}
|
assets/example_bills/electronic-communications-bill-2025/chunks.json
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/electronic-communications-bill-2025/document.txt
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/electronic-communications-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:14:57.859345+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-Electronic-Communications-Bill-2025.pdf",
|
| 6 |
+
"document_hash": "4cc9148086157b670e0f049b40e1c8ba33ff8046a625bfc3e72250df6f5fe189",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/electronic-transactions-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,82 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Electronic Transactions Act, 2025, establishes a legal framework for electronic communications, transactions, and digital signatures, aiming to promote e-governance, consumer protection, and secure digital infrastructure. It recognizes electronic records as legally valid, mandates secure handling of digital signatures, and introduces oversight mechanisms for certifying agencies. The Act also addresses automated decision-making, liability of service providers, and safeguards for vulnerable groups.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Recognizes electronic records and digital signatures as legally equivalent to traditional written forms.",
|
| 5 |
+
"Mandates secure handling of electronic records, including retention, integrity, and authentication requirements.",
|
| 6 |
+
"Establishes a Certifying Agency to oversee encryption/authentication services, issue licenses, and ensure compliance.",
|
| 7 |
+
"Requires public agencies to accept electronic filings, permits, and payments, promoting e-government services.",
|
| 8 |
+
"Imposes consumer protection measures, including liability for misuse of electronic payment systems and safeguards for vulnerable groups.",
|
| 9 |
+
"Regulates automated transactions, requiring transparency, user opt-out options, and safeguards against errors in AI-driven systems.",
|
| 10 |
+
"Introduces a framework for mutual recognition of foreign certifying authorities under specified conditions."
|
| 11 |
+
],
|
| 12 |
+
"implementation": [
|
| 13 |
+
{
|
| 14 |
+
"stakeholder": "Public agencies",
|
| 15 |
+
"obligation": "Accept electronic filings, permits, and payments as per the Act.",
|
| 16 |
+
"implementation_burden": "Updating systems and procedures to comply with electronic record requirements.",
|
| 17 |
+
"risk_or_note": "Potential initial costs for digital infrastructure upgrades."
|
| 18 |
+
},
|
| 19 |
+
{
|
| 20 |
+
"stakeholder": "Licensed encryption/authentication service providers",
|
| 21 |
+
"obligation": "Maintain security protocols, undergo audits, and comply with licensing conditions.",
|
| 22 |
+
"implementation_burden": "Ongoing compliance costs, including audits and liability insurance (minimum GHS10M).",
|
| 23 |
+
"risk_or_note": "Risk of license suspension/revocation for non-compliance."
|
| 24 |
+
},
|
| 25 |
+
{
|
| 26 |
+
"stakeholder": "Consumers",
|
| 27 |
+
"obligation": "Verify authenticity of digital signatures and electronic records.",
|
| 28 |
+
"implementation_burden": "Need to adopt new verification practices for digital transactions.",
|
| 29 |
+
"risk_or_note": "Increased exposure to fraud if verification steps are not followed."
|
| 30 |
+
},
|
| 31 |
+
{
|
| 32 |
+
"stakeholder": "Foreign certifying authorities",
|
| 33 |
+
"obligation": "Comply with Ghana's interoperability standards and mutual recognition frameworks.",
|
| 34 |
+
"implementation_burden": "Adapting systems to meet Ghana's technical and regulatory requirements.",
|
| 35 |
+
"risk_or_note": "Risk of non-recognition if standards are not met."
|
| 36 |
+
}
|
| 37 |
+
],
|
| 38 |
+
"critique": [
|
| 39 |
+
{
|
| 40 |
+
"issue": "Ambiguity in liability for automated transactions",
|
| 41 |
+
"why_it_matters": "The Act allows automated transactions but lacks clarity on liability for errors in AI-driven systems, potentially leaving users without recourse.",
|
| 42 |
+
"recommendation": "Clarify liability frameworks for automated systems, including clear rules for error correction and user compensation."
|
| 43 |
+
},
|
| 44 |
+
{
|
| 45 |
+
"issue": "Overreach by the Certifying Agency",
|
| 46 |
+
"why_it_matters": "The Certifying Agency has broad powers to suspend/revocate licenses and set technical standards, risking regulatory capture or stifling innovation.",
|
| 47 |
+
"recommendation": "Introduce independent oversight mechanisms and public consultation processes for standard-setting."
|
| 48 |
+
},
|
| 49 |
+
{
|
| 50 |
+
"issue": "Compliance burden on SMEs",
|
| 51 |
+
"why_it_matters": "Mandatory security protocols and liability insurance (GHS10M) may disproportionately burden small businesses.",
|
| 52 |
+
"recommendation": "Provide phased implementation timelines or scaled compliance requirements for SMEs."
|
| 53 |
+
},
|
| 54 |
+
{
|
| 55 |
+
"issue": "Risk of market concentration in certification services",
|
| 56 |
+
"why_it_matters": "The Act may inadvertently favor dominant certifying agencies, reducing competition and increasing costs.",
|
| 57 |
+
"recommendation": "Mandate periodic reviews of market competition and promote open licensing criteria."
|
| 58 |
+
}
|
| 59 |
+
],
|
| 60 |
+
"swot": {
|
| 61 |
+
"strengths": [
|
| 62 |
+
"Legal clarity for electronic transactions, reducing barriers to digital adoption.",
|
| 63 |
+
"Promotion of e-government services, improving public service delivery efficiency.",
|
| 64 |
+
"Consumer protection measures, including safeguards for vulnerable groups and digital rights."
|
| 65 |
+
],
|
| 66 |
+
"weaknesses": [
|
| 67 |
+
"High compliance costs for SMEs due to mandatory insurance and security protocols.",
|
| 68 |
+
"Potential regulatory overreach by the Certifying Agency without independent checks.",
|
| 69 |
+
"Ambiguity in liability for automated systems, creating legal uncertainties."
|
| 70 |
+
],
|
| 71 |
+
"opportunities": [
|
| 72 |
+
"Stimulating innovation in digital services and e-commerce through legal certainty.",
|
| 73 |
+
"Enhancing digital inclusion by ensuring accessibility for persons with disabilities.",
|
| 74 |
+
"Attracting foreign investment through mutual recognition of international certification standards."
|
| 75 |
+
],
|
| 76 |
+
"threats": [
|
| 77 |
+
"Risk of monopolization in certification services, limiting competition.",
|
| 78 |
+
"Data privacy risks if security protocols are not rigorously enforced.",
|
| 79 |
+
"Potential for increased cybercrime if verification processes are not universally adopted."
|
| 80 |
+
]
|
| 81 |
+
}
|
| 82 |
+
}
|
assets/example_bills/electronic-transactions-bill-2025/chunks.json
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| 1 |
+
[
|
| 2 |
+
"1ELECTRONICTRANSACTIONSBILL,2025\nARRANGEMENTOFSECTIONS\nSection\nObjectandscopeoftheAct\n1.ObjectoftheAct\n2.Application\n3.ScopeofAct\nElectronictransactions\n4.Recognitionofelectronicmessage\n5.Originalwriting\n6.Admissibilityandevidentialweightofelectronicrecords\n7.Retentionofelectronicrecords\n8.Secureelectronicrecords\n9.Digitalandelectronicsignatures\n10.Equaltreatmentofdigitalandelectronicsignatures\n11.Signingofanelectronicrecord\n12.Conductofapersonrelyingonadigitalorelectronicsignature\n13.Recognitionofelectroniccertificatesanddigitalorelectronicsignatures\n14.Notarisation,acknowledgementandcertification\n15.Otherrequirements\n16.Automatedtransactions\n17.Despatchofelectronicrecord\n18.Receiptofelectronicrecord\n19.Expressionofintentorotherstatement\n20.Attributionofelectronicrecordstooriginator\n21.Acknowledgementofreceiptofelectronicrecord\n22.Formationandvalidityofagreements\n23.Variationbyagreementbetweenparties\n2Electronicgovernmentservices\n24.Acceptanceofelectronicfilingandissuingofdocuments\n25.Publicagencyandelectronicrecords\n26.Publicationinelectronicformat",
|
| 3 |
+
"2Electronicgovernmentservices\n24.Acceptanceofelectronicfilingandissuingofdocuments\n25.Publicagencyandelectronicrecords\n26.Publicationinelectronicformat\nCertifyingAgency\n27.Prohibitedacts\n28.Provisionofauthenticationencryptionservices\n29.CertifyingAgency\n30.FunctionsoftheCertifyingAgency\n31.Revocationofsuspensionoflicence\n32.Surrenderoflicence\n33.Recognitionofforeigncertifyingauthorities\n34.Repositoryofdigitalandelectronicsignatures\n35.Registeroflicenceholders\n36.Restrictionsofdisclosureofinformation\n37.Applicationforlicence\n38.Grantoflicence\n39.Displayoflicence\n40.Dutiesoflicensedentities\n41.Renewaloflicence\n42.Procedureforgrantorrejectionofrenewaloflicence\n43.Notificationofadverseevent\n44.Procedurestobefollowedbylicensedperson\nConsumerprotection\n45.Scopeofapplication\n46.Informationtobeprovided\n47.Performance\n48.Graceperiod\n49.Unsolicitedgoods,servicesorcommunications\n50.Liabilityformisuseofelectronicpaymentmedium\n51.Electronicpaymentmediumlistsprohibited\n52.Applicabilityofforeignlaw\n53.Non-exclusion\n3Protectedcomputersandcriticaldatabase\n54.Protectedcomputer\n55.Identificationofcriticalelectronicrecordandcriticaldatabases",
|
| 4 |
+
"52.Applicabilityofforeignlaw\n53.Non-exclusion\n3Protectedcomputersandcriticaldatabase\n54.Protectedcomputer\n55.Identificationofcriticalelectronicrecordandcriticaldatabases\n56.Scopeofcriticaldatabaseprotection\n57.Registrationofcriticaldatabases\n58.Managementofcriticaldatabases\n59.Restrictionsondisclosureofinformation\n60.Audits\n61.Non-compliancewithAct\nAppealTribunal\n62.EstablishmentoftheInformationCommunicationTechnologyTribunal\n63.CompositionoftheTribunal\n64.RulesofProcedureofTribunal\n65.AppealsagainstdecisionsoftheAgency\n66.DecisionofTribunal\n67.AppealsagainstthedecisionsoftheTribunal\nIndustryForum\n68.EstablishmentofIndustryForum\n69.Industrycode\nLiabilityofserviceprovidersandintermediaries\n70.Mereconduit\n71.Electronicrecordtransmission\n72.Hosting\n73.Informationlocationtools\n74.Take-downnotification\n75.Monitoringandcompliance\n76.RiskAssessmentsandmitigation\n77.Transparencyobligations\n78.Protectionofchildren\n79.Duediligenceobligations\n80.Limitationsandprohibitedacts\n81.Savings\n4Miscellaneousmatters\n82.TerritorialscopeofoffencesunderthisAct\n83.Guidelines,directives,orcodesofpractice\n84.Regulations\n85.Interpretation\n86.Repealsandsavings\n87.Modificationofexistingenactments",
|
| 5 |
+
"81.Savings\n4Miscellaneousmatters\n82.TerritorialscopeofoffencesunderthisAct\n83.Guidelines,directives,orcodesofpractice\n84.Regulations\n85.Interpretation\n86.Repealsandsavings\n87.Modificationofexistingenactments\n88.TransitionalProvisions\n5ABILL\nENTITLED\nELECTRONICTRANSACTIONSACT,2025\nANACTtoprovidefortheregulationofelectroniccommunicationsand\nrelatedtransactionsandtoprovideforrelatedmatters.\nDATEOFASSENT:\nENACTEDbyParliamentandassentedtobythePresident\nObjectoftheAct\nObjectoftheAct\n1.(1)TheobjectofthisActistoprovideforandfacilitateelectronic\ncommunicationsandrelatedtransactionsinthepublicinterest,andto\n(a)removeandpreventbarrierstoelectroniccommunicationsand\ntransactions;\n(b)promotelegalcertaintyandconfidenceinelectronic\ncommunicationsandtransactions;\n(c)promotee-governmentservicesandelectroniccommunications\nandtransactionswithpublicandprivatebodies,institutionsand\ncitizens;\n(d)developasafe,secureandeffectiveenvironmentforthe\nconsumer,businessandtheGovernmenttoconductanduse\nelectronictransactions;\n(e)promotethedevelopmentofelectronictransactionservices\nresponsivetotheneedsofconsumers;",
|
| 6 |
+
"consumer,businessandtheGovernmenttoconductanduse\nelectronictransactions;\n(e)promotethedevelopmentofelectronictransactionservices\nresponsivetotheneedsofconsumers;\n(f)ensurethat,inrelationtotheprovisionofelectronictransactions\nservices,thespecialneedsofvulnerablegroupsand\ncommunitiesandpersonswithdisabilitiesaredulytakeninto\naccount;\n6(g)ensurecompliancewithacceptedinternationaltechnical\nstandardsintheprovisionanddevelopmentofelectronic\ncommunicationsandtransactions;and\n(h)ensurethattheinterestandimageoftheRepublicarenot\ncompromisedthroughtheuseofelectroniccommunications.\nApplication\n2.ThisActappliestoelectronictransactionsandelectronicrecordsof\neverytype.\nScopeofAct\n3.(1)ThisActshallnotbeinterpretedsoastoexcludestatutorylaworthe\nprinciplesofthecommonlawbeingappliedto,recognisingor\naccommodatingelectronictransactions,electronicrecordsoranyothermatter\nprovidedforinthisAct.\n(2)Unlessotherwiseprovided,thisActshallnotbeconstruedas\n(a)requiringapersontogenerate,communicate,produce,process,\nsend,receive,record,retain,storeordisplayinformation,",
|
| 7 |
+
"providedforinthisAct.\n(2)Unlessotherwiseprovided,thisActshallnotbeconstruedas\n(a)requiringapersontogenerate,communicate,produce,process,\nsend,receive,record,retain,storeordisplayinformation,\ndocumentorsignaturebyorinelectronicform;or\n(b)prohibitingapersonfromestablishingrequirementsinrespect\nofthemannerinwhichthatpersonwillacceptelectronic\nrecords.\n(3)ThisActdoesnotlimittheoperationoflawthatexpressly\nauthorises,prohibitsorregulatestheuseofelectronicrecordsandany\nlegalrequirementlawforinformationtobeposted,displayedor\ntransmittedinaspecifiedmanner.\nElectronictransactions\nRecognitionofelectronicmessage\n4.ExceptasprovidedinthisAct,wherealawprovidesthatinformationor\nanyothermattershallbeinwriting,typewrittenorinprintedform,the\nrequirementshallbedeemedtohavebeensatisfiediftheinformationor\nmatteris\n(a)renderedormadeavailableinanelectronicform,\n(b)accessible,and\n(c)capableofbeingretainedforasubsequentreferencedespite\nthecontraryintentioninthelaw.\n7Originalwriting\n5.(1)Wherealawrequiresinformationtobepresentedorretainedinits",
|
| 8 |
+
"(c)capableofbeingretainedforasubsequentreferencedespite\nthecontraryintentioninthelaw.\n7Originalwriting\n5.(1)Wherealawrequiresinformationtobepresentedorretainedinits\noriginalform,therequirementshallbedeemedtohavebeensatisfiedbyan\nelectronicrecordif\n(a)thereisreliableassuranceoftheintegrityoftheelectronic\nrecord,and\n(b)theelectronicrecordiscapableofbeingdisplayedtotheperson\ntowhomitistobepresented.\n(2)Thecriteriatoassessintegrityshallbewhethertheinformationhas\nremainedcompleteandunalteredandtheinformationshallbeassessedtaking\nintoconsiderationtherelevantcircumstancesforwhichtheinformationwas\ngeneratedtodeterminethestandardofreliability.\nAdmissibilityandevidentialweightofelectronicrecords\n6.(1)Theadmissibilityofanelectronicrecordshallnotbedeniedas\nevidenceinlegalproceedingsexceptasprovidedinthisAct.\n(2)InassessingtheevidentialweightofanelectronicrecordtheCourt\nshallhaveregardto\n(a)thereliabilityofthemannerinwhichtheelectronicrecordwas\ngenerated,displayed,storedorcommunicated,\n(b)thereliabilityofthemannerinwhichtheintegrityofthe",
|
| 9 |
+
"shallhaveregardto\n(a)thereliabilityofthemannerinwhichtheelectronicrecordwas\ngenerated,displayed,storedorcommunicated,\n(b)thereliabilityofthemannerinwhichtheintegrityofthe\ninformationwasmaintained,\n(c)themannerinwhichitsoriginatorwasidentified,and\n(d)anyotherfactsthattheCourtmayconsiderrelevant.\nRetentionofelectronicrecords\n7.(1)Wherealawrequiresthatadocument,recordorinformationshallbe\nretained,thatrequirementisdeemedtohavebeenmetifthedocument,record\norinformationisheldinelectronicformand\n(a)isaccessible,\n(b)iscapableofretentionforsubsequentreference,\n(c)isretainedintheformatinwhichitwasgenerated,sentor\nreceived,orinaformatwhichcanbedemonstratedtorepresent\naccuratelytheinformationgenerated,sentorreceived,and\n8(d)isretainedtoenabletheidentificationoftheoriginand\ndestinationoftheelectronicrecordandthedateandtimewhen\nitwassentorreceived.\n(2) Thedocument,recordorinformationshallbekeptin\nelectronicformforatleastsixyears.\n(3) Anobligationtoretainadocument,recordorinformationdoes",
|
| 10 |
+
"itwassentorreceived.\n(2) Thedocument,recordorinformationshallbekeptin\nelectronicformforatleastsixyears.\n(3) Anobligationtoretainadocument,recordorinformationdoes\nnotextendtoinformationwhichisonlytoenablethemessagetobesentor\nreceived.\nSecureelectronicrecord\n8.(1)Whereasecurityprocedurehasbeenappliedtoanelectronicrecord\nataspecificpointintime,therecordisdeemedtobeasecureelectronic\nrecordduringtheperiodwhenthesecurityprocedurewasapplied.\n(2) Anunauthorisedalterationofthesecurityprocedurerenders\ntherecordinvalid.\n(3) Analterationisunauthorisedifitisdonebyapersonwithout\nthelawfulauthorityofthepersonwhooriginallyappliedthesecurity\nprocedure.\nDigitalandelectronicsignatures\n9.(1)Wherealawrequiresthesignatureofaperson,thatrequirementis\ndeemedtobesatisfiedinrelationtoanelectronicrecordifadigitalor\nelectronicsignatureisused.\n(2)Adigitalorelectronicsignatureisdeemedtobeauthenticif\n(a)themeansofcreatingthedigitalorelectronicsignatureis,\nwithinthecontextinwhichitisused,linkedtothesignatory\nandnottoanotherperson,",
|
| 11 |
+
"(a)themeansofcreatingthedigitalorelectronicsignatureis,\nwithinthecontextinwhichitisused,linkedtothesignatory\nandnottoanotherperson,\n(b)themeansofcreatingthedigitalorelectronicsignaturewas,at\nthetimeofsigning,underthecontrolofthesignatoryandnot\nanotherpersonwithoutduressorundueinfluence,\n(c)analterationtothedigitalorelectronicsignature,madeafterthe\ntimeofsigning,isdetectable\n(3)Subsection(2)doesnotlimittherightofaperson\n(a)toprovetheauthenticityofadigitalorelectronicsignaturein\nanyotherway,or\n9(b)toadduceevidenceinrespectofthenon-authenticityofadigital\norelectronicsignature.\n(4)Digitalandelectronicsignaturecertificatesshallbeissuedonly\nupontheconductofrigorousidentityverification,includingbutnot\nlimitedtobiometricauthenticationandvalidationagainstanational\nidentificationdatabase,inaccordancewiththeprovisionsofthe\nNationalIdentificationAuthorityAct,2006(Act707),any\nRegulationsmadethereunder,oranyotherapplicableenactmentsfor\nthetimebeinginforce.\nEqualtreatmentofdigitalandelectronicsignatures",
|
| 12 |
+
"NationalIdentificationAuthorityAct,2006(Act707),any\nRegulationsmadethereunder,oranyotherapplicableenactmentsfor\nthetimebeinginforce.\nEqualtreatmentofdigitalandelectronicsignatures\n10.ExceptasprovidedinthisAct,theprovisionsofthisActdonotexclude,\nrestrict,ordepriveoflegaleffect,anymethodofcreatingadigitalor\nelectronicsignaturewhich\n(a)satisfiestherequirementsofthisAct,\n(b)meetstherequirementsofotherstatutoryprovision,or\n(c)isprovidedforunderacontract.\nSigningofanelectronicrecord\n11.Apersonmaysignanelectronicrecordbyaffixingapersonaldigitalor\nelectronicsignatureorusinganyotherrecognised,secureandverifiable\nmodeofsigningagreedbythepartiesorrecognisedbytheindustrytobe\nsafe,reliableandacceptable.\nConductofapersonrelyingonadigitalorelectronicsignature\n12.Apersonwhoreliesonadigitalorelectronicsignatureshallbearthe\nlegalconsequencesoffailureto\n(a)takereasonablestepstoverifytheauthenticityofadigitalor\nelectronicsignature,or\n(b)takereasonablestepswhereadigitalorelectronicsignatureis\nsupportedbyacertificate,to",
|
| 13 |
+
"(a)takereasonablestepstoverifytheauthenticityofadigitalor\nelectronicsignature,or\n(b)takereasonablestepswhereadigitalorelectronicsignatureis\nsupportedbyacertificate,to\n(i)verifythevalidityofthecertificate,or\n(ii)observeanylimitationwithrespecttothecertificate.\nRecognitionofdigitalcertificatesanddigitalandelectronicsignatures\n13.(1)Unlessotherwiseprescribedbylaw,apersonmaydeterminethe\ndigitalorelectronicsignature,certificateorauthenticationthepersonwilluse.\n10(2)TheMinistermayrecogniseadigitalorelectronicsignature,\ncertificateorauthenticationofaforeigninformationsecurityserviceprovider\nforusebyapublicservantbynoticepublishedintheGazette.\nNotarisation,acknowledgementandcertification\n14.(1)Wherealawrequiresasignature,statementordocumenttobe\nnotarised,acknowledged,verifiedormadeunderoath,thatrequirementis\ndeemedtobesatisfiediftheelectronicordigitalsignatureoftheperson\nauthorisedtoperformthoseactsisaffixedtoanelectronicrecord.\n(2)Wherealawrequiresorpermitsapersontoprovideacertified\ncopyofadocumentandthedocumentexistsinpaperorinanotherphysical",
|
| 14 |
+
"authorisedtoperformthoseactsisaffixedtoanelectronicrecord.\n(2)Wherealawrequiresorpermitsapersontoprovideacertified\ncopyofadocumentandthedocumentexistsinpaperorinanotherphysical\nform,thatrequirementisdeemedtobesatisfiedifanelectroniccopyofthe\ndocumentiscertifiedtobeatruecopybyusingtheelectronicordigital\nsignatureofthecertifyingperson.\nOtherrequirements\n15.(1)Arequirementinlawformultiplecopiesofadocumenttobe\nsubmittedtoasingleaddresseeatthesametime,issatisfiedbythe\nsubmissionofasingleelectronicrecordthatiscapableofbeingreproduced\nbytheaddressee.\n(2)Whereacorporatesealisrequiredtobeaffixedtoadocument,that\nrequirementisdeemedtobesatisfiediftheelectronicordigitalsignatureof\nthecorporatebodyisaffixedtotheelectronicrecordinaccordancewiththe\nprovisionsrelatingtotheuseofthecorporateseal.\nAutomatedtransactionsordecision-making\n16.(1)Aplatformorserviceproviderthatusesautomateddecision-\nmaking,includingalgorithmiccuration,profiling,orrecommendation\nsystems,shall\n(a)ensuretransparencyofthesystembydisclosingkeyparameters,\nlogicandpotentialimpacts;",
|
| 15 |
+
"making,includingalgorithmiccuration,profiling,orrecommendation\nsystems,shall\n(a)ensuretransparencyofthesystembydisclosingkeyparameters,\nlogicandpotentialimpacts;\n(b)provideuserswithmeaningfulinformationonhowsuchsystems\naffectaccesstogoods,services,orcontent;\n(c)allowuserstoopt-outofpersonalisedrecommendations,where\nfeasible.\n11(2)TheMinistermayissueguidelinesorregulationsfortheethical\nuseofartificialintelligenceandautomatedsystems,havingregardtofairness,\naccountability,transparency,andnon-discrimination.\n(3)Anautomatedtransactionisvalidevenifanelectronicagent\nisinvolvedatanystageofitsformation.\n(4)Apartyinteractingwithanelectronicagenttomakeanagreement\nisnotboundbythetermsoftheagreementunlessthetermswere\ncapableatfirstofbeingaccessedbythepartypriortotheformationof\nthecontract.\n(5)Anelectroniccontractisnotvalidwhereanindividual\ninteractsdirectlywiththeelectronicagentandhasmadeamaterial\nerrorduringthecreationofanelectronicrecordand\n(a)theelectronicagentdidnotprovidethatpersonwithaneasy\nopportunitytopreventorcorrecttheerror;",
|
| 16 |
+
"errorduringthecreationofanelectronicrecordand\n(a)theelectronicagentdidnotprovidethatpersonwithaneasy\nopportunitytopreventorcorrecttheerror;\n(b)thatpersonnotifiesthepartycreatingtheelectronicrecordof\ntheerrorassoonaspracticableafternoticingit;\n(c)thatpersontakesreasonablestepstoreturntotheprevious\nsituation;and\n(d)thatpersonhasnotusedorreceivedmaterialbenefitorvalue\nfromperformancereceivedfromtheotherperson.\nDespatchofelectronicrecord\n17.Unlessotherwiseagreedbetweentheoriginatorandtheaddressee,the\ndespatchofanelectronicrecordoccurswhenitentersaninformation\nprocessingsystemoutsidethecontroloftheoriginatorortheagentofthe\noriginator.\nReceiptofelectronicrecord\n18.Thetimeofreceiptofanelectronicrecordshallbedeterminedas\nfollows\n(a)iftheaddresseehasdesignatedaninformationsystemforthe\npurposeofreceivingelectronicrecords,receiptoccursatthe\ntimewhentheelectronicrecordentersthedesignated\ninformationsystem;or\n(b)iftheaddresseehasnotdesignatedaninformationsystem,",
|
| 17 |
+
"timewhentheelectronicrecordentersthedesignated\ninformationsystem;or\n(b)iftheaddresseehasnotdesignatedaninformationsystem,\nreceiptoccurswhentheelectronicrecordentersaninformation\n12systemoftheaddresseethroughwhichtheaddresseeretrieves\ntheelectronicrecord.\n(2)Anelectronicrecordisdeemedtobedespatchedattheoriginator\u2019s\nregisteredplaceofbusinessandisdeemedtobereceivedattheregistered\nplacewheretheaddresseehasitsplaceofbusinessunlessotherwiseagreedby\ntheoriginatorandtheaddressee.\nExpressionofintentorotherstatement\n19.Anexpressionofintentorotherelectronicrepresentationofan\nelectronicrecordbetweentheoriginatorandtheaddresseeofanelectronic\nrecordisadmissibleincircumstanceswheretheintentorotherelectronic\nrepresentationisrelevantinlaw.\nAttributionofelectronicrecordstooriginator\n20.(1)Anelectronicrecordisconsideredtobethatoftheoriginatorifit\nwassentby\n(a)theoriginatorpersonally;\n(b)apersonwhohasauthoritytoactonbehalfoftheoriginatorin\nrespectofthatelectronicrecord;or",
|
| 18 |
+
"wassentby\n(a)theoriginatorpersonally;\n(b)apersonwhohasauthoritytoactonbehalfoftheoriginatorin\nrespectofthatelectronicrecord;or\n(c)aninformationsystemprogrammedbyoronbehalfofthe\noriginatortooperateautomatically,unlessitisprovedthatthe\ninformationsystemdidnotproperlyexecutetheprogramme.\n(2)Anaddresseeisentitledtoregardanelectronicrecordasbeing\nthatoftheoriginatorandtoactonthatassumption,if\n(a)theaddresseeproperlyappliedaprocedurepreviouslyagreed\nwiththeoriginatorinordertoascertainwhethertheelectronic\nrecordwasthatoftheoriginator;or\n(b)theelectronicrecordreceivedbytheaddresseeresultedfromthe\nactionsofapersonwhoserelationshipwiththeoriginatoror\nwithanagentoftheoriginatorenabledthatpersontogain\naccesstoamethodusedbytheoriginatortoidentifyan\nelectronicrecordastheoriginator\u2019sown.\n(3)Whereaprocedurehasnotbeenagreedbybothpartiesto\nascertaintheoriginator,thepersonwhoappearstobetheoriginatorshallbe\npresumedtobetheoriginator.\n(4)Thepresumptioninsubsection(3)doesnotapplywhere",
|
| 19 |
+
"ascertaintheoriginator,thepersonwhoappearstobetheoriginatorshallbe\npresumedtobetheoriginator.\n(4)Thepresumptioninsubsection(3)doesnotapplywhere\n13(a)theaddresseehasreceivednoticefromtheoriginatorthatthe\nelectronicrecordwasissuedwithouttheknowledgeorconsent\noftheoriginator;\n(b)theaddresseekneworshouldreasonablyhaveknown,orused\nanyagreedproceduretoknowthattheelectronicrecordwasnot\nthatoftheoriginatorandthatthepersonwhosenttheelectronic\nrecorddidnothavetheauthorityoftheoriginatortoissueor\nsendtheelectronicrecord;or\n(c)theaddresseekneworshouldreasonablyhaveknown,thatthe\ntransmissionresultedinanerrorintheelectronicrecordas\nreceived.\nAcknowledgementofreceiptofelectronicrecord\n21.(1)Anacknowledgementofreceiptmaybegiventhrough\n(a)acommunicationbytheaddressee,whetherautomatedor\notherwise;or\n(b)anyconductoftheaddresseetoindicatetotheoriginatorthat\ntheelectronicrecordhasbeenreceived.\n(2)Anacknowledgementofreceiptisnotnecessarytogivelegal",
|
| 20 |
+
"otherwise;or\n(b)anyconductoftheaddresseetoindicatetotheoriginatorthat\ntheelectronicrecordhasbeenreceived.\n(2)Anacknowledgementofreceiptisnotnecessarytogivelegal\neffecttoamessageunlessotherwiseagreedbytheparties.\nFormationandvalidityofagreements\n22.Anagreementisvalidevenifitwasconcludedpartlyorinwhole\nthroughanelectronicmedium.\nVariationbyagreementbetweenparties\n23.Sections4to22onlyapplyifthepartiesinvolvedingenerating,\nsending,receiving,storingorotherwiseprocessingelectronicrecordshave\nnotagreedontheissuesprovidedforbythesesections.\nElectronicgovernmentservices\nAcceptanceofelectronicfilingandissuingofdocuments\n24.Apublicbodyshalltakestepsorenterintoarrangementstoensurethat\nitsfunctionsarecarriedout,deliveredoraccessedelectronicallyoronline.\n14Publicagencyandelectronicrecords\n25.(1)Apublicagencythat,pursuanttoanylawacceptsthefilingof\ndocuments,requiresthatdocumentsbecreatedorretained,issuesapermit,\nlicenceorapprovalorprovidesforapaymentinaccordancewithlaw,shall\n(a)acceptthefilingofadocument,orthecreationorretentionof",
|
| 21 |
+
"licenceorapprovalorprovidesforapaymentinaccordancewithlaw,shall\n(a)acceptthefilingofadocument,orthecreationorretentionof\ndocumentsintheformofanelectronicrecord;\n(b)issuethepermit,licenceorapprovalintheformofanelectronic\nrecord;or\n(c)makeorreceivepaymentinelectronicformorbyelectronic\nmeans.\n(2)AnypublicagencymayspecifybynoticeintheGazette:\n(a)themannerandformatinwhichtheelectronicrecordsshallbe\nfiled,created,retainedorissued;\n(b)thetypeofelectronicordigitalsignaturerequiredwherethe\nelectronicrecordhastobesigned;\n(c)themannerandformatinwhichanelectronicordigital\nsignatureshallbeattachedto,incorporatedinorotherwise\nassociatedwiththeelectronicrecord;\n(d)theidentityorcriteriarequiredofanauthenticationservice\nproviderusedbythepersonfilingtheelectronicrecordorthe\npublicagencymaydesignateanauthenticationserviceprovider\nasapreferredauthenticationserviceprovider;\n(e)theappropriatecontrolprocessesandprocedurestoensure\nadequateintegrity,securityandconfidentialityofelectronic\nrecordsorpayments;and",
|
| 22 |
+
"asapreferredauthenticationserviceprovider;\n(e)theappropriatecontrolprocessesandprocedurestoensure\nadequateintegrity,securityandconfidentialityofelectronic\nrecordsorpayments;and\n(f)anyotherrequirementsforelectronicrecordsorpayments.\nPublicationinelectronicformat\n26.(1)WherealawrequirespublicationintheGazettetherequirementis\ndeemedtohavebeensatisfiedifpublishedinelectronicformatreferredtoas\nanE-Gazette.\n(2)Thedateofpublicationisdeemedtobethedateoffirstpublication\nintheGazette.\n(3)Despiteanyotherenactment,theE-Gazetteshallhavethesame\nlegalforceandeffectastheprintedversionoftheGazette.\n15(4)TheE-Gazetteshallbeadmissibleinalljudicial,quasi-judicialand\nadministrativeproceedingsasconclusiveevidenceofthecontentstherein,\nwithoutfurtherproofofauthenticity,whereitbearsavalidelectronicor\ndigitalsignatureissuedunderthisAct.\nCertifyingAgency\nProhibitedacts\n27.Apersonshallnotsellorprovideencryptionorauthenticationservice\ncontrarytotheprovisionsofthisAct.\nProvisionofauthenticationencryptionservices",
|
| 23 |
+
"CertifyingAgency\nProhibitedacts\n27.Apersonshallnotsellorprovideencryptionorauthenticationservice\ncontrarytotheprovisionsofthisAct.\nProvisionofauthenticationencryptionservices\n28.Anencryptionoranauthenticationserviceorproductisdeemedtohave\nbeenprovidedinthecountryifitismadeavailable\n(a)frompremiseswithinthecountry;\n(b)fromabodyincorporatedinthecountry;\n(c)toapersonwhoispresentoroperatingfromanysysteminthe\ncountrywhenthatpersonmakesuseoftheserviceorproduct;\nor\n(d)fromaGhanaianassociatedorrelateddomainnameorwebsite.\nCertifyingAgency\n29.(1)TheNationalInformationTechnologyAgencyestablishedunder\nNationalInformationTechnologyAgencyAct\u2026(Act\u2026)shallserveasthe\nCertifyingAgencyunderthisAct.\n(2)TheCertifyingAgencyshallmaintainawebsiteandprovide\ninformationatthewebsiteinaccordancewiththisAct.\nFunctionsoftheCertifyingAgency\n30.(1)ThefunctionsoftheAgencyareto:\n(a)issuelicencesforencryptionandauthenticationservice;\n(b)monitortheconduct,systemandoperationofencryptionand\nauthenticationserviceproviderstoensurecompliancewith",
|
| 24 |
+
"(a)issuelicencesforencryptionandauthenticationservice;\n(b)monitortheconduct,systemandoperationofencryptionand\nauthenticationserviceproviderstoensurecompliancewith\nconditionsofthelicence,andtheprovisionsofthisAct;\n(c)suspendalicenceofalicenceholder;\n(d)revokealicenceofalicenceholder;and\n(e)appoint,accreditandgazetteindependentauditingfirmsto\nconductperiodicauditsofalicenceholdertoensure\n16compliancewiththetermsandconditionsofanylicences\nissuedunderthisAct.\n(2)TheAgencyshallpublishandmaintainonitsofficialwebsitealistof\naccreditedauditors,dulycertifiedinaccordancewiththeprovisionsofthis\nActandanyRegulationsmadethereunder.\nRevocationorsuspensionoflicence\n31.(1)TheAgencymaysuspendorrevokealicenceifitissatisfiedthat\ntheauthenticationserviceproviderhasfailedorceasedtomeetanyofthe\nrequirements,conditionsorrestrictionssubjecttowhichthelicencewas\ngrantedorrecognitionwasgiven.\n(2)TheAgencyshallnotsuspendorrevokealicence\nunlessithas\n(a)notifiedthelicenceholderinwritingofitsintentiontodoso,\n(b)givenadescriptionoftheallegedbreach,and\n(c)affordedthelicensedholdertheopportunityto",
|
| 25 |
+
"unlessithas\n(a)notifiedthelicenceholderinwritingofitsintentiontodoso,\n(b)givenadescriptionoftheallegedbreach,and\n(c)affordedthelicensedholdertheopportunityto\n(i)respondtotheallegationsinwriting,and\n(ii)remedytheallegedbreach.\n(3)TheAgencymaysuspendalicencewithimmediate\neffectforaperiodnotexceedingninetydayspendingimplementation\noftheproceduresrequiredtoremedythebreachwherethereisthe\nlikelihoodofirreparableharmtoconsumersorthirdpartiesinvolved\ninanelectronictransaction.\n(4)Alicenceholdermaysurrenderthelicencetothe\nAgencysubjecttotheprovisionsofthelicenceandthirdpartyrights.\n(5)TheAgencyshallpublishthesuspensionorrevocation\nofalicenceonitswebsite.\nSurrenderoflicence\n32.(1)Alicenseewithasuspendedorrevokedlicenceshallsurrenderthe\nlicencetotheAgencywithintwenty-fourhoursofreceiptofnoticeofthe\nsuspensionorrevocationofitslicence.\n(2)Wherealicenseefailstosurrenderthelicence,eachdirectorofthe\nlicenseecommitsanoffenceandisliableonsummaryconvictiontoa\nfineofnotmorethanfivethousandpenaltyunitsforeachdaythatthe",
|
| 26 |
+
"licenseecommitsanoffenceandisliableonsummaryconvictiontoa\nfineofnotmorethanfivethousandpenaltyunitsforeachdaythatthe\nlicenceisnotsurrenderedortoatermofimprisonmentofnotmore\nthantwoyearsortoboth.\n17Recognitionofforeigncertifyingauthorities\n33.(1)Subjecttotheconditionsandrestrictionsthatmaybespecifiedby\nlaw,theAgencymay,bynotificationintheGazette,recogniseaforeignentity\nasacertifyingagency.\n(2)Anelectronicordigitalsignatureorcertificateissuedbya\nforeigncertificationserviceprovidershallhavethesamelegaleffectasa\nsignatureorcertificateissuedunderthisAct,if\n(a)theforeigncertificationserviceprovideroperatesunderaregimethat\nprovidessubstantiallysimilarlevelsoftrustandreliability;or\n(b)thecertificateisrecognisedbytheCertifyingAgencythroughmutual\nrecognitionarrangementsorapprovedinteroperabilityframeworks.\n(3)TheMinistermay,bylegislativeinstrument,specifythecountries,regimes\norclassesofcertificatesdeemedtooffersubstantiallyequivalentassurance.\n(4)Whereaforeignentityisrecognised,asacertifyingagency,serviceand",
|
| 27 |
+
"orclassesofcertificatesdeemedtooffersubstantiallyequivalentassurance.\n(4)Whereaforeignentityisrecognised,asacertifyingagency,serviceand\nproductsissuedbyapersonpursuanttothedirectivesofthatforeign\ncertifyingagencyarevalid.\n(5)TheAgencybynotificationintheGazettemayrevoketherecognitionifit\nissatisfiedthataforeigncertifyingagencyhascontravenedanyofthe\nconditionsandrestrictionssubjecttowhichitwasgrantedrecognition.\n(6)TheNational Information Technology Authority,asthedesignated\ncertifyingagency,shalldevelopandpublisharegulatoryframeworkforthe\nmutualrecognitionofforeigncertifyingauthorities.\n(7)Aforeigncertifyingauthoritythatseeksrecognitionundertheframework\nreferredtoinsubclause(4)shallcomplywith\n(a)theinteroperabilitystandardsprescribedundertheframework;and\n(b)applicableinternationalbestpracticesonelectroniccertification\nRepositoryofdigitalandelectronicsignatures\n34.(1)TheAgencyshallbetherepositoryofDigitalandElectronic\nSignatureCertificatesissuedunderthisAct.\n(2)TheAgencyshall\n(a)makeuseofhardware,softwareandproceduresthataresecure",
|
| 28 |
+
"SignatureCertificatesissuedunderthisAct.\n(2)TheAgencyshall\n(a)makeuseofhardware,softwareandproceduresthataresecure\nfromintrusionandmisuse;and\n(b)observeotherstandardsthatmaybeprescribed,toensurethat\nthesecrecyandsecurityofdigitalorelectronicsignaturesare\nassured.\n18(3)TheAgencyshallmaintainacomputeriseddatabaseofthe\npublickeystomakethemverifiablebyamemberofthepublic.\nRegisteroflicenceholders\n35.(1)TheAgencyshallestablishandmaintainaregisteroflicence\nholders.\n(2)TheAgencyshallrecordthefollowingparticularsinrespectof\neachlicenceholder\n(a)thenameandaddressofthelicenceholder;\n(b)adescriptionofthetypeofserviceorproductprovided;\n(c)otherparticularsthatmaybeprescribedtoidentifyandlocate\nthelicenseholderoritsproductsorservices;\n(d)licensedencryptionandauthenticationproductsorservices\nunderthisAct;\n(e)licensedencryptionandauthenticationproductsandservices\nrecognisedunderthisAct;\n(f)suspendedandrevokedlicencesorrecognition;and\n(g)anyotherinformationthatmaybeprescribedormaybedeemed\nappropriatebytheAgency.",
|
| 29 |
+
"recognisedunderthisAct;\n(f)suspendedandrevokedlicencesorrecognition;and\n(g)anyotherinformationthatmaybeprescribedormaybedeemed\nappropriatebytheAgency.\n(3)TheAgencyshallprovidenoticeofthesuspensionor\nrevocationatitswebsite.\n(4)TheAgencyshallpublishthelistoflicenceholders,revokedor\nsuspendedlicencesinelectronicandothermedia,subjecttotherulesrelating\ntoconfidentiality.\n(5)Alicenceholdershallnotberequiredtodiscloseconfidential\ninformationortradesecretsinrespectofitsproductsorservices.\nRestrictionsondisclosureofinformation\n36.SubjecttotheprovisionsoftheConstitution,apersonmaydisclose\ninformationunderthisAct\n(a)toalawenforcementagency;\n(b)forcriminalorcivilproceedings;\n(c)togovernmentagenciesresponsibleforsafetyandsecurityon\nofficialrequest;and\n(d)toathirdpartyenquiryforconfirmationofalicenceor\nrepresentationsmadebyalicenceholder.\n19Applicationforlicence\n37.(1)AlicenceshallnotbeissuedorgrantedbytheAgencytoan\nindividual.\n(2)Eachapplicationfortheissueofalicenceshallbeinthe\nprescribedform.\n(3)AlicenceissuedunderthisActshallnotbeassigned,",
|
| 30 |
+
"individual.\n(2)Eachapplicationfortheissueofalicenceshallbeinthe\nprescribedform.\n(3)AlicenceissuedunderthisActshallnotbeassigned,\ntransferred,sub-licensed,orotherwisedisposedof,whetherwhollyorpartly,\ntoanyotherpersonorentity,exceptwiththepriorwrittenapprovalofthe\nAgencyandsubjecttoanytermsandconditionsthatmaybeprescribed.\n(4)Eachapplicationforalicenceshallbeaccompaniedwith,\n(a)acertificateofincorporation,\n(b)astatementincludingtheprocedureswithrespecttothe\nidentificationoftheapplicant.\n(c)paymentofanon-refundableapplicationfee,and\n(d)otherprescribeddocuments.\n(5)TheAgencyshall,inconsideringanapplicationforalicence,take\nintoaccountthefollowing\n(a)thefinancialandhumanresourcesavailabletotheapplicant,\nincludingitscapitalandotherassets;\n(b)thequality,reliability,andsecurityoftheapplicant\u2019shardware\nandsoftwaresystems;\n(c)theadequacyandintegrityoftheapplicant\u2019sproceduresfor\nprocessingitsproductsorservices;\n(d)theavailabilityofaccurateandtimelyinformationtothird\npartiesrelyingontheauthenticationproductorservice;",
|
| 31 |
+
"processingitsproductsorservices;\n(d)theavailabilityofaccurateandtimelyinformationtothird\npartiesrelyingontheauthenticationproductorservice;\n(e)theregularityandextentofauditsconductedbyanindependent\nbody;\n(f)thetechnicalandotherrequirementstobemetbycertificates\nissuedbythelicenceholder;\n(g)theproceduresandstandardsapplicabletotheissuanceof\ncertificates;\n(h)therequirementsrelatingtocertificationpracticestatements;\n(i)theresponsibilitiesofthecertificationserviceprovider;\n(j)theliabilityofthecertificationserviceprovider;\n(k)thenatureandformatofrecordstobemaintained,andthe\nmanneranddurationforwhichsuchrecordsshallbekept;\n20(l)theproceduresgoverningcertificatesuspensionandrevocation;\n(m)theproceduresfornotificationofcertificatesuspensionand\nrevocation;\n(n)anyotherconditions,restrictions,orfactorsasmaybeprescribed\norastheAgencymayconsidernecessaryorappropriate;and\n(o)theapplicant\u2019scompliancewithanyminimumcapital\nrequirementprescribedbytheAgency.\n(6)Alicenceisvalidfortheperiodandonthetermsand\nconditionsthatmaybedeterminedbytheAgency.",
|
| 32 |
+
"(o)theapplicant\u2019scompliancewithanyminimumcapital\nrequirementprescribedbytheAgency.\n(6)Alicenceisvalidfortheperiodandonthetermsand\nconditionsthatmaybedeterminedbytheAgency.\nGrantoflicence\n38.(1)TheAgencyshallnotgrantalicenceunderthisActunlessthe\nAgencyissatisfiedthatasecurityprocedurerelatedtoorissuedbyan\napplicant,\n(a)isuniquelylinkedtotheuser;\n(b)iscapableofidentifyingthatuser;\n(c)iscreatedusingmeansthatcanbemaintainedunderthesole\ncontrolofthatuser;and\n(d)willbelinkedtotheelectronicrecordtowhichitrelatessothat\nanysubsequentchangeoftheelectronicrecordisdetectable.\n(2)TheAgencymay,priortolicensinganyauthentication\nproductsorservices,stipulate\n(a)thetechnicalandotherrequirementstobemetbycertificates\nissuedbythelicenceholder;\n(b)therequirementsforissuingcertificates;\n(c)therequirementsforcertificationpracticestatements;\n(d)theresponsibilitiesofthecertificationserviceprovider;\n(e)theliabilityofthecertificationserviceprovider;\n(f)therecordstobekeptandthemannerinwhichandlengthof\ntimeforwhichtheymustbekept;",
|
| 33 |
+
"(e)theliabilityofthecertificationserviceprovider;\n(f)therecordstobekeptandthemannerinwhichandlengthof\ntimeforwhichtheymustbekept;\n(g)requirementsconcerningcertificatesuspensionandrevocation\nprocedures;\n(h)requirementsastonotificationproceduresrelatingtocertificate\nsuspensionandrevocation;and\n(i)otherconditionsorrestrictionsthattheAgencymayconsider\nnecessary.\n21(3)Alicenceisnottransferable.\nDisplayoflicence\n39.Alicenseeshalldisplayitslicenceconspicuouslyonthepremisesofits\nprincipalplaceofbusiness.\nDutiesoflicensedentities\n40.Alicenseeshall\n(a)ensurethateachpersonemployedorengagedbyitcomplieswiththe\nprovisionsofthisAct,RegulationsmadeunderthisActandthelicence\nconditions;\n(b)obtainandmaintainliabilityinsurancecoverage,withaminimum\ncoverageamountofTenMillionGhanaCedis(GHS10,000,000.00),or\nsuchotheramountasmaybeprescribedbytheAgency;\n(c)compensatesubscribersforanylossordamagearisingfrom\n(i)theissuanceoffraudulentcertificates;or\n(ii)thefailuretopromptlyrevokecompromisedcertificates;or\n(iii)fromanyactoromissionofthelicenseeinbreachofitsobligations",
|
| 34 |
+
"(i)theissuanceoffraudulentcertificates;or\n(ii)thefailuretopromptlyrevokecompromisedcertificates;or\n(iii)fromanyactoromissionofthelicenseeinbreachofitsobligations\nunderthisActoranyRegulationsmadeundertheAct.\nRenewaloflicence\n41.Anapplicationforrenewalofalicenceshallbe\n(a)intheformprescribedbytheAgency,and\n(b)accompaniedwiththefeesprescribedandshallbepaidinfull\nbeforetheissueofalicence.\nProcedureforgrantorrejectionofrenewaloflicence\n42.(1)TheAgencymaygrantorrejecttheapplicationfortherenewalafter\nconsideringthedocumentsaccompanyingtheapplicationforrenewaland\notherfactorsconsiderednecessary.\n(2)TheAgencyshallprovidereasonsfortherejectionofthe\napplicationinwritingtotheapplicant.\nNotificationofadverseevent\n43.(1)TheAgencyshall\n(a)usereasonableeffortstonotifyanypersonwhoislikelytobe\naffectedbytheoccurrenceofanadverseevent;or\n22(b)dealwiththeeventorsituationinaccordancewiththe\nprocedurespecifiedinitscertificationpracticestatement\nwhereintheopinionoftheAgencyaneventhasoccurredorasituationhas",
|
| 35 |
+
"22(b)dealwiththeeventorsituationinaccordancewiththe\nprocedurespecifiedinitscertificationpracticestatement\nwhereintheopinionoftheAgencyaneventhasoccurredorasituationhas\narisenwhichmaymateriallyandadverselyaffecttheintegrityofitscomputer\nsystemortheconditionssubjecttowhichalicencewasgranted.\n(2)Alicenseeorcertifyingauthorityshall,withintwenty-fourhoursofthe\noccurrenceordiscoveryofabreachorsuspectedbreachaffectingthesecurity\norintegrityofitssystemsorservices,submititsIncidentResponsePlantothe\nAgencyintheformandmannerprescribedbytheAgency.\nProcedurestobefollowedbylicensedperson\n44.Alicensedpersonshall\n(a)makeuseofhardware,softwareandproceduresthataresecure\nfromintrusionandmisuse;\n(b)providesuchlevelofreliabilityinitsserviceswhichare\nreasonablysuitedtotheperformanceoftheintendedfunctions;\n(c)adheretosecurityprocedurestoensurethatthesecrecyand\nprivacyoftheproductorserviceareassured;and\n(d)adheretosuchsecurityproceduresandobservesuchother\nstandardsasmaybeprescribed.\nConsumerprotection\nScopeofapplication\n45.Sections46to53applyonlytoelectronictransactions.",
|
| 36 |
+
"(d)adheretosuchsecurityproceduresandobservesuchother\nstandardsasmaybeprescribed.\nConsumerprotection\nScopeofapplication\n45.Sections46to53applyonlytoelectronictransactions.\nInformationtobeprovided\n46.(1)Asupplierofferinggoodsorservicesforsale,hireorexchangeinan\nelectronictransactionshallmakeavailabletotheconsumerontheelectronic\nplatformwherethegoodsorservicesareofferedthefollowinginformation\nrelatedtothesupplier\n(a)fullnameandlegalstatus;\n(b)physicaladdressandtelephonenumber;\n(c)websiteaddressande-mailaddress;\n(d)membershipofanyself-regulatoryorrelatedbodiesandthe\ncontactdetailsofthebody;\n23(e)acodeofconducttowhichthatsuppliersubscribesandhow\nthatcodeofconductmaybeaccessedelectronicallybythe\nconsumer;\n(f)theregistrationnumber,thenamesofofficebearersandthe\nplaceofregistrationofthesupplierasalegalperson;\n(g)sufficientdescriptionofthemaincharacteristicsofthegoodsor\nservicesofferedbythatsuppliertoenableaconsumertomake\naninformeddecisionontheproposedelectronictransaction;",
|
| 37 |
+
"(g)sufficientdescriptionofthemaincharacteristicsofthegoodsor\nservicesofferedbythatsuppliertoenableaconsumertomake\naninformeddecisionontheproposedelectronictransaction;\n(h)thefullpriceofthegoodsorservices,includingtransportcosts,\ntaxesandanyotherfeesorcosts;\n(i)themannerofpayment;\n(j)termsofagreementincludingguaranteesthatwillapplytothe\ntransactionandhowthesetermsmaybeaccessed,storedand\nreproducedelectronicallybyconsumers;\n(k)thetimewithinwhichthegoodswillbedespatchedor\ndeliveredorwithinwhichtheserviceswillberendered;\n(l)themannerandperiodwithinwhichconsumerscanaccessand\nmaintainafullrecordofthetransaction;\n(m)thereturn,exchangeandrefundpolicy;\n(n)thealternativedisputeresolutioncodetowhichthatsupplier\nsubscribesandaccesstothecodebytheconsumer;\n(o)thesecurityproceduresandprivacypolicyofthatsupplieras\nregardspayment,paymentinformationandpersonal\ninformation;\n(p)theminimumdurationoftheagreementinthecaseof\nagreementsforthesupplyofproductsorservicestobe\nperformedonanongoingbasisorrecurrentlywhere",
|
| 38 |
+
"regardspayment,paymentinformationandpersonal\ninformation;\n(p)theminimumdurationoftheagreementinthecaseof\nagreementsforthesupplyofproductsorservicestobe\nperformedonanongoingbasisorrecurrentlywhere\nappropriate;and(q)therightsofconsumersasprovidedforin\nthissection.\n(2)Thesuppliershallprovideaconsumerwithanopportunityto\n(a)read,storeandreproducethecontracttermsandgeneral\nconditions;\n(b)identifyandcorrecthandlingerrors;and\n(c)withdrawfromthetransactionbeforeconcludingacontract.\n24(3)Ifasupplierfailstocomplywiththeprovisionsofthissection,\ntheconsumermaycancelthecontractwithinfourteendaysofreceiptofthe\ngoodsorservicesunderthetransaction.\n(4)Ifatransactioniscancelledasaresultofthefailureofthe\nsuppliertocomplywiththeprovisionsofthissection\n(a)theconsumershallreturnthegoodsreceived,orwhere\napplicable,ceaseusingtheservicesperformed;and\n(b)thesuppliershallrefundpaymentsmadebytheconsumer\nwithinthirtydays.\n(5)Thesuppliershallutiliseapaymentsystemthatissufficiently",
|
| 39 |
+
"(b)thesuppliershallrefundpaymentsmadebytheconsumer\nwithinthirtydays.\n(5)Thesuppliershallutiliseapaymentsystemthatissufficiently\nsecurewithreferencetoacceptedtechnologicalstandardsatthetimeofthe\ntransactionandthetypeoftransactionconcerned.\n(6)Thesupplierisliablefordamagesufferedbyaconsumerdue\ntofailurebythesuppliertoapplyasecurepaymentsystem.\nPerformance\n47.(1)Thesuppliershallexecutetheorderwithinfourteendaysafterthe\ndayonwhichthesupplierreceivestheorder,unlessthepartieshaveagreed\notherwise.\n(2)Whereasupplierfailstoexecutetheorderwithinthefourteen\ndaysorwithintheagreedperiod,thecontractisvoidable.\n(3)Ifasupplierisunabletoperformonthegroundsthatthegoods\norservicesorderedareunavailable,thesuppliershallimmediatelynotifythe\nconsumerofthisfactandrefundanypaymentwithinsevendaysafterthedate\nofnotification.\nGraceperiod\n48.(1)Aconsumerisentitledtocancelatransactionandanyrelatedcredit\nagreementforthesupply\n(a)ofgoodswithinfourteendaysafterthedateofthereceiptofthe",
|
| 40 |
+
"Graceperiod\n48.(1)Aconsumerisentitledtocancelatransactionandanyrelatedcredit\nagreementforthesupply\n(a)ofgoodswithinfourteendaysafterthedateofthereceiptofthe\ngoods;or\n(b)ofserviceswithinsevendaysafterthedateoftheconclusionof\ntheagreement,\nwithoutreasonandwithoutpenalty.\n(2)Theonlychargethatmaybeleviedontheconsumeristhe\ndirectcostofreturningthegoods.\n25(3)Thissectionshallnotbeconstruedtolimittherightsofa\nconsumerprovidedforinanyotherlaw.\n(4)Thissectiondoesnotapplytoanelectronictransaction\n(a)forfinancialservices,includingbutnotlimitedto,investment\nservices,insuranceandreinsuranceoperations,bankingservices\nandoperationsrelatingtodealingsinsecurities;\n(b)bywayofanauction;\n(c)forthesupplyoffoodstuffs,beveragesorothergoodsintended\nforeverydayconsumptionsuppliedtothehome,residenceor\nworkplaceoftheconsumer;\n(d)forserviceswhichbeganwiththeconsumer\u2019sconsentbefore\ntheendoftheseven-daygraceperiod;\n(e)wherethepriceforthesupplyofgoodsorservicesisdependent",
|
| 41 |
+
"(d)forserviceswhichbeganwiththeconsumer\u2019sconsentbefore\ntheendoftheseven-daygraceperiod;\n(e)wherethepriceforthesupplyofgoodsorservicesisdependent\nonfluctuationsinthefinancialmarketsandwhichcannotbe\ncontrolledbythesupplier;\n(f)wherethegoods\n(i)aremadetotheconsumer\u2019sspecification,\n(ii)byreasonoftheirnaturecannotbereturned,or\n(iii)areperishable;\n(g)whereaudioorvideorecordingsorcomputersoftwarewere\nunsealedbytheconsumer;\n(h)forthesaleofnewspapers,periodicals,magazinesandbooks;\n(i)fortheprovisionofgamingandlotteryservices;or\n(j)fortheprovisionofaccommodation,transport,cateringor\nleisureserviceswherethesupplierhascommencedthe\nprovisionoftheseservicesonaspecificdateorwithinaspecific\nperiod.\nUnsolicitedgoods,servicesorcommunications\n49.(1)Exceptinthecaseofanoticesentbyanelectroniccommunications\nprovidertoacustomerinrelationtotheservice,apersonshallnotsend\nunsolicitedelectroniccommunicationstoaconsumerwithoutobtainingthe\npriorconsentoftheconsumer.",
|
| 42 |
+
"providertoacustomerinrelationtotheservice,apersonshallnotsend\nunsolicitedelectroniccommunicationstoaconsumerwithoutobtainingthe\npriorconsentoftheconsumer.\n(2)Apersonwhosendselectroniccommercialcommunicationto\naconsumershallprovidetheconsumer\n26(a)withtheoptiontocancelthesubscriptiontothemailinglistof\nthatperson,and\n(b)withtheidentifyingparticularsofthesourcefromwhichthat\npersonobtainedtheconsumer\u2019spersonalinformationatthe\nrequestoftheconsumer.\n(3)Anagreementshallnotbedeemedtohavebeenconcluded\nwhereaconsumerfailstorespondtoanunsolicitedcommunication;andthe\nconsumerisentitledtorecoverthecostsassociatedwiththecancellationof\nunsolicitedcommunication.\n(4)Apersonwhocontravenessubsection(1)commitsanoffence\nandisliableonsummaryconvictiontoafineofnotmorethanfivethousand\npenaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth.\n(5)Apersonwhosendsunsolicitedcommercialcommunications\ntoanotherpersonorwhocontinuestosendunsolicitedcommercial\ncommunicationsaftercancellationofthesubscriptioncommitsanoffenceand",
|
| 43 |
+
"(5)Apersonwhosendsunsolicitedcommercialcommunications\ntoanotherpersonorwhocontinuestosendunsolicitedcommercial\ncommunicationsaftercancellationofthesubscriptioncommitsanoffenceand\nisliableonsummaryconvictiontoafineofnotmorethanfivethousand\npenaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth.\nLiabilityformisuseofelectronicpaymentmedium\n50.(1)Aholderofanelectronicpaymentmediumshallnot,unlessacting\nincollusionwithanotherperson,beliabletotheissuerforlossarisingfrom\nuseofthemediumbyapersonwhoisnotactingorbeingtreatedasactingas\ntheagentoftheholder.\n(2)Subsection(1)doesnotprevent\n(a)theholderoftheelectronicpaymentmediumfrombeingmade\nliableforlosstotheissuerarisingfromuseofthemediumby\nanotherpersonduringaperiodbeginningwhenthemedium\nceasestobeinthepossessionofanauthorisedpersonand\nendingwhenthemediumisoncemoreinthepossessionofan\nauthorisedperson;or\n(b)theholderfrombeingmadeliabletoanyextentforlosstothe\nissuerfromuseofthemediumbyapersonwhoacquired\npossessionofitwiththeholder\u2019sconsent.",
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| 44 |
+
"authorisedperson;or\n(b)theholderfrombeingmadeliabletoanyextentforlosstothe\nissuerfromuseofthemediumbyapersonwhoacquired\npossessionofitwiththeholder\u2019sconsent.\n(3)Subsections(2)doesnotapplytotheuseoftheelectronic\npaymentmediumaftertheissuerhasbeengivennoticeoflossanddoesnot\n27applyunlesstheissuerprovidestheholderwithparticularsofthename,\naddressandtelephonenumberofapersonstatedtobethepersontowhom\nnoticeistobegiven.\n(4)Thenoticetakeseffectwhenreceived,butwhereitisgiven\norally,shallbeconfirmedinwritingwithinfourteencleardays.\n(5)Asumpaidbytheholderfortheissueoftheelectronic\npaymentmediumistreatedaspaidtowardssatisfactionofliabilityunderthis\nsectiontotheextentthatithasnotbeenpreviouslyoffsetbyusemadeofthe\nmedium.\n(6)Theholderorapersonauthorisedbytheholdertousethe\nelectronicpaymentmediumisanauthorisedpersonforthepurposeof\nsubsection(2).\nElectronicpaymentmediumlistsprohibited\n51.(1)Afinancialinstitutionshallnot\n(a) makeavailable;\n(b) lend;or\n(c) sellanylistorportionofalistofholdersofan",
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| 45 |
+
"Electronicpaymentmediumlistsprohibited\n51.(1)Afinancialinstitutionshallnot\n(a) makeavailable;\n(b) lend;or\n(c) sellanylistorportionofalistofholdersofan\nelectronicpaymentmediumandtheiraddressesandaccount\nnumberstoanypersonwithoutthepriorwrittenconsentofthe\nholdersexceptbyorderofaCourt.\n(2)Afinancialinstitutionmaymakeavailabletoanotherfinancial\ninstitutioninformationaboutanelectronicpaymentmediumholder\u2019scredit\nratingwithouttheholder\u2019spriorwrittenconsentifwrittennoticeofthe\ndisclosureisgiventotheholderwithinsevendayssubjecttoanylaw\nregulatingcreditratinginstitutions.\n(3)Afinancialinstitutionwhichcontravenessubsection(1)\ncommitsanoffenceandeachdirectorandofficeroftheinstitutionwhofails\ntoensurecompliancewiththisActisliableonsummaryconvictiontoafine\nofnotmorethantwothousandfivehundredpenaltyunitsorimprisonmentfor\natermofnotmorethanfiveyearsortoboth.\nApplicabilityofforeignlaw\n52.Despiteaprovisionofanagreementtothecontrary,thesupplyofgoods\npursuanttoacontracttoconsumersinthiscountryissubjecttotheprovisions\nofthisAct.\n28Non-exclusion",
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| 46 |
+
"52.Despiteaprovisionofanagreementtothecontrary,thesupplyofgoods\npursuanttoacontracttoconsumersinthiscountryissubjecttotheprovisions\nofthisAct.\n28Non-exclusion\n53.Aprovisioninanagreementwhichexcludesconsumerrightsprovided\nforinthisActisvoid.\nProtectedcomputersandcriticaldatabase\nProtectedcomputer\n54.(1)TheMinistermaydeclarethatacomputer,computersystemor\ncomputernetworkisaprotectedsystembynotificationintheGazette.\n(2)TheMinistermayauthoriseaccesstoaprotectedsystembyor\ninwriting.\n(3)UntiltheMinisterbyGazettepublicationdeclaresacomputer,\ncomputersystemorcomputernetworktobeaprotectedsystem,the\ncomputer,computersystemorcomputernetworkshallbetreatedasa\n\u201cprotectedcomputer\u201difthecomputer,programorelectronicrecordisused\ndirectlyinconnectionwithorfor\n(a)thesecurity,defenceorinternationalrelationsofthecountry;\n(b)theexistenceoridentityofaconfidentialsourceofinformation\nrelatedtotheenforcementofcriminallaw;\n(c)theprovisionofservicesdirectlyrelatedtocommunications\ninfrastructure,bankingandfinancialservices,publicutilities,",
|
| 47 |
+
"relatedtotheenforcementofcriminallaw;\n(c)theprovisionofservicesdirectlyrelatedtocommunications\ninfrastructure,bankingandfinancialservices,publicutilities,\npublictransportationorpublickeyinfrastructure;\n(d)theprotectionofpublicsafetyandpublichealth,including\nsystemsrelatedtoessentialemergencyservices;\n(e)foreigncommerceorcommunicationaffectingacitizenof\nGhanaorbusinessinwhichacitizenofGhanaorthe\nGovernmenthasaninterest;or\n(f)thelegislative,executiveorjudicialservice,thepublicservices\nandsecurityagencies.\n(4)Apersonwhosecuresaccessorattemptstosecureaccesstoa\nprotectedsystemincontraventionoftheprovisionsofthissectioncommitsan\noffenceandisliableonsummaryconvictiontoafineofnotmorethanfive\nthousandpenaltyunitsorimprisonmentforatermofnotmorethantenyears\nortoboth.\n29Identificationofcriticalelectronicrecordandcriticaldatabases\n55.TheMinistermaybynoticeintheGazette\n(a)declarecertainclassesofinformationwhichareofimportance\ntotheprotectionofthenationalsecurityoftheRepublicorthe\neconomicandsocialwell-beingofitscitizenstobecritical",
|
| 48 |
+
"(a)declarecertainclassesofinformationwhichareofimportance\ntotheprotectionofthenationalsecurityoftheRepublicorthe\neconomicandsocialwell-beingofitscitizenstobecritical\nelectronicrecordsforthepurposeofthisAct;and\n(b)establishaproceduretobefollowedintheidentificationof\ncriticaldatabasesforthepurposesofthisAct.\nScopeofcriticaldatabaseprotection\n56.TheMinistermaydeclarecertainclassesofinformationrelatingto\nnationalsecurityortheeconomicorsocialwellbeingofthepublictobe\ncriticalelectronicrecordforthepurposesofsections56to60.\nRegistrationofcriticaldatabases\n57.(1)TheMinistermaybynoticeintheGazettedetermine\n(a)requirementsfortheregistrationofacriticaldatabase;\n(b)proceduresfortheregistrationofacriticaldatabase;and\n(c)anyothermatterrelatingtoregistration.\n(2)Registrationofacriticaldatabasemeansrecordingthefollowing\ninformation\n(a)thefullname,addressandcontactdetailsofthecriticaldatabase\nadministrator;\n(b)thelocationofthecriticaldatabase,includingthelocationsof\nthecomponentpartswhereacriticaldatabaseisnotstoredata\nsinglelocation;and\n(c)ageneraldescriptionofthecategoriesortypesofinformation",
|
| 49 |
+
"thecomponentpartswhereacriticaldatabaseisnotstoredata\nsinglelocation;and\n(c)ageneraldescriptionofthecategoriesortypesofinformation\nstoredinthecriticaldatabase.\nManagementofcriticaldatabases\n58.(1)TheMinistershallprescribeminimumstandardsforprohibitionsin\nrespectof\n(a)thegeneralmanagementofacriticaldatabase;\n(b)accessto,transferandcontrolofacriticaldatabase;\n(c)infrastructuralorproceduralrulesandrequirementstosecure\ntheintegrityandauthenticityofacriticalelectronicrecord;\n(d)proceduresandtechnologicalmethodstobeusedinthestorage\norarchivingofacriticaldatabase;\n30(e)accidentrecoveryplansintheeventoflossofcriticaldatabases\norpartsofthedatabase;\n(f)thesecurityofthedatabases;\n(g)thephysicalsafetyofapersonincontrolofthecriticaldatabase;\nand\n(h)anyothermatterrequiredfortheadequateprotection,\nmanagementandcontrolofacriticaldatabase.\n(2)ThisActshallnotbeconstruedtolimittherightofapublicbodyto\nperformanauthorisedfunctionintermsofanyotherlaw.\nRestrictionsondisclosureofinformation",
|
| 50 |
+
"(2)ThisActshallnotbeconstruedtolimittherightofapublicbodyto\nperformanauthorisedfunctionintermsofanyotherlaw.\nRestrictionsondisclosureofinformation\n59.(1)Informationcontainedintheregisterofacriticaldatabaseshallnot\nbedisclosedtoanotherpersonotherthantoemployeesoftheAgencywhoare\nresponsibleforthekeepingoftheregister.\n(2)TheAgencyisatlibertytodiscloseinformationto\n(a)alawenforcementagency;and\n(b)aMinistry,DepartmentorAgency.\n(3)NothinginthislawshallprecludetheAgencyfrompleadingin\nproceedingsrelatingtoinformationheldinitscustodyorrecordsthat\nproductionordisclosureofamattermaybeprejudicialtothesecurityof\ntheStateorinjurioustothepublicinterestinaccordancewitharticle135\nofConstitution.\nAudits\n60.(1)TheMinistermaydirectthatauditsbeconductedbythecritical\ndatabaseadministratortoassesscompliancewiththeprovisionsofthisAct.\n(2)Forthepurposesofsubsection(1),theNationalInformation\nTechnologyAuthorityshallactasthecriticalelectronicrecordsanddatabase\nadministratorresponsibleforoverseeingICTinfrastructureoftheRepublic.\nNon-compliancewithAct",
|
| 51 |
+
"TechnologyAuthorityshallactasthecriticalelectronicrecordsanddatabase\nadministratorresponsibleforoverseeingICTinfrastructureoftheRepublic.\nNon-compliancewithAct\n61.(1)TheMinisteronreceiptoftheauditreportshallconsider,\n(a)anyactionrecommendedtoremedythenon-compliance;and\n(b)theperiodwithinwhichtheremedialactionshallbeperformed.\n(2)TheMinistershallreporttherecommendationtotheNational\nSecurityCouncilandtheCouncilmaytakeactionorgivedirectionsthatit\nconsidersnecessaryfortheprotectionofnationalsecurity.\n31(3)TheNational Information Technology Authorityshalladvise\ntheMinisteronmattersrelatingtotheauditoftheICTinfrastructureofthe\nRepublic.\nAppealTribunal\nEstablishmentoftheInformationCommunicationTechnologyTribunal\n62.(1)ThereisestablishedbythisActanappealtribunal,knownasthe\nInformationCommunicationTechnologyTribunalreferredtointhisActas\n\u201ctheTribunal\u201d.\n(2)TheTribunalshallbeconvenedonanadhocbasistoconsideran\nappeal\n(a)againstadecisionorordermadebytheAgency;\n(b)onaparticularmatterunderalicence.\nCompositionoftheTribunal\n63.(1)TheTribunalconsistsof",
|
| 52 |
+
"appeal\n(a)againstadecisionorordermadebytheAgency;\n(b)onaparticularmatterunderalicence.\nCompositionoftheTribunal\n63.(1)TheTribunalconsistsof\n(a)achairpersonwhoiseitheraretiredJusticeoftheSuperior\nCourtoralawyerofatleastfifteenyearsstandingwhohas\nexperienceinelectroniccommunicationlaw,policyand\nregulatorymattersorarbitration,and\n(b)twoothermemberswithknowledgeoforexperienceinthe\ninformationcommunicationtechnologyrelatedmatters,industry,\nelectronicengineering,law,economics,businessorpublic\nadministration.\n(2)ThemembersoftheTribunalshallbeappointedbythe\nMinister.\n(3)TheMinistershallalsoappointaRegistrarforthe\nTribunalforthesmoothoperationsoftheTribunal.\n(4)TheRegistrarandotherstaffareemployeesofthe\nAgency.\n(5)TheexpensesoftheTribunalshallbepaidoutof\nincomederivedbytheAgencyandshallbepartoftheannual\nbudgetoftheAgency.\nRulesofProcedureofTribunal\n64.TheBoardshall,proposerulesofprocedurefortheTribunal.\n32AppealsagainstdecisionsoftheAgency\n65.(1)ApersonaffectedbyadecisionoftheAgencymayappealagainst",
|
| 53 |
+
"64.TheBoardshall,proposerulesofprocedurefortheTribunal.\n32AppealsagainstdecisionsoftheAgency\n65.(1)ApersonaffectedbyadecisionoftheAgencymayappealagainst\nthedecisionbynoticeofappealtotheTribunalinaccordancewiththerules\nofprocedureoftheTribunal.\n(2)Thenoticeofappealshallbesentwithintwenty-eightdays\nafterthedatethedecisionisannouncedorthedateofreceiptofthedecision\nthatisbeingappealedagainst.\n(3)Thenoticeofappealshallsetout\n(a)thedecisionappealedagainst;\n(b)theprovisionunderwhichthedecisionappealedagainstwas\ntaken;and\n(c)thegroundsofappeal.\n(4)Afterthereceiptofanoticeofappeal,theTribunalshallbe\nconvenedwithinonemonthtoconsidertheappeal.\nDecisionofTribunal\n66.(1)TheTribunal,afterhearingtheappeal,may\n(a)quashthedecision;\n(b)allowtheappealinwholeorinpart;\n(c)varythedecisionoftheAgencyinanymannerandsubjectto\nanyconditionsorlimitationsitthinksfitbutshallnotimpose\nanyconditionorrequirementbeyondthepowersoftheAgency\nundertheAct;or\n(d)dismisstheappealandconfirmthedecisionoftheAgency.",
|
| 54 |
+
"anyconditionsorlimitationsitthinksfitbutshallnotimpose\nanyconditionorrequirementbeyondthepowersoftheAgency\nundertheAct;or\n(d)dismisstheappealandconfirmthedecisionoftheAgency.\n(2)TheTribunalmaytakeintoaccountasubmissionfiledbyany\npersoninreachingadecisiononanappealbroughtbeforeit.\n(3)AdecisionoftheTribunalshallhavethesameeffectasa\njudgmentoftheHighCourt.\nAppealsagainstthedecisionsoftheTribunal\n67.(1)AdecisionoftheTribunalmaybethesubjectofanappeal.\n(2)Anappealunderthissection\n(a)liestotheCourtofAppeal;\n(b)shallrelateonlytoapointoflawarisingfromthedecisionof\ntheTribunal;and\n(c)maybebroughtonlybyapartytotheproceedingsbeforethe\nTribunal.\n33(3)TheappealshallbefiledintheCourtofAppealninetydays\nafterthedecisionoftheTribunalandthereshallbenoextensionoftime.\nIndustryForum\nEstablishmentofIndustryForum\n68.(1)ThereisherebyestablishedanIndustryForumwhichshallbea\nplatformtobringtheindustrytogetherfromtimetotimetodiscussmatters\nofcommoninterestthatrelatetotheindustry.",
|
| 55 |
+
"68.(1)ThereisherebyestablishedanIndustryForumwhichshallbea\nplatformtobringtheindustrytogetherfromtimetotimetodiscussmatters\nofcommoninterestthatrelatetotheindustry.\n(2)TheAgencymaydesignateanindustrybodytobetheForum\nbynotifyingthatbodyinwritingiftheAgencyissatisfiedthat\n(a)themembershipofthebodyisopentotherelevantpartiesand\nisfullyrepresentativeoftheindustry;\n(b)thebodyiscapableofperformingasrequiredundertherelevant\nprovisionsofthisAct;and\n(c)thebodyhastheadministrativecapacitytoservicetheForum.\n(3)ThebodyshallagreeinwritingtobetheForum,beforebeing\ndesignatedbytheAgency.\n(4)Despitethedesignation,eachlicensedentityundertheActis\ndeemedtobeamemberoftheForum.\n(5)TheAgencymaydecidethatanexistingindustrybodythat\nwaspreviouslydesignatedundersubsection(2)tobeanIndustryForumisno\nlongeranIndustryForumifsatisfiedthatthebodydoesnotmeetthe\nrequirementsofthissectionanylonger.\n(6)Adesignationorwithdrawalofdesignationunderthissection\ntakeseffectfromthedatespecifiedbytheAgency.",
|
| 56 |
+
"requirementsofthissectionanylonger.\n(6)Adesignationorwithdrawalofdesignationunderthissection\ntakeseffectfromthedatespecifiedbytheAgency.\n(7)UntiltheAgencydesignatesabody,theAgencyhasthe\nobligationtofacilitatethemeetingoftheindustrytoperformthefunctionsof\ntheForum.\n(8)TheMinistryandtheAgencyshallparticipateintheForumas\nobservers.\nIndustrycode\n69.(1)TheForummayprepareavoluntaryindustrycodetodealwitha\nmatterprovidedforinthisAct\n(a)onitsowninitiative;or\n34(b)attherequestoftheAgency.\n(2)Thecodeshallnotbeeffectiveuntilitisregisteredbythe\nAgency.\n(3)TheAgencyshallregisteravoluntaryindustrycodeifitis\nconsistentwith\n(a)theobjectsofthisAct;\n(b)regulations,standardsorguidelinesmadeunderthisAct;and\n(c)provisionsofthisActwhicharerelevanttotheparticularmatter\noractivity.\n(4)TheAgencymayrefusetoregisterthecode,iftheAgencyis\nnotsatisfiedthattherehasbeensufficientopportunityforpublicconsultation\ninthedevelopmentofthecodebytheForum.\n(5)TheAgencyshallnotifytheForuminwritingandprovidethe",
|
| 57 |
+
"notsatisfiedthattherehasbeensufficientopportunityforpublicconsultation\ninthedevelopmentofthecodebytheForum.\n(5)TheAgencyshallnotifytheForuminwritingandprovidethe\nreasonsfortherefusaltoregisterthecodewithinthirtydaysaftertherefusal.\n(6)WheretheAgencydoesnotregisterorrefusestoregistera\nvoluntaryindustrycodewithinaperiodofthirtydaysafterthedatethatthe\nvoluntaryindustrycodewassubmittedforregistration,theAgencyisdeemed\ntohaverefusedtheregistrationofthevoluntaryindustrycodeunlessthe\nIndustryForumreceivesawrittennoticeofregistrationofthevoluntary\nindustrycodeafterthatperiod.\nLiabilityofserviceprovidersandintermediaries\nMereconduit\n70.(1)Anintermediaryorserviceproviderisnotliableforproviding\naccesstoorforoperatingfacilitiesforinformationsystemsortransmitting,\nroutingorstorageofelectronicrecordsthroughaninformationsystemunder\nitscontrol,aslongastheintermediaryorserviceprovider\n(a)doesnotinitiatethetransmission;\n(b)doesnotselecttheaddressee;\n(c)performsthefunctionsinanautomatic,technicalmanner\nwithoutselectionoftheelectronicrecord;and",
|
| 58 |
+
"(a)doesnotinitiatethetransmission;\n(b)doesnotselecttheaddressee;\n(c)performsthefunctionsinanautomatic,technicalmanner\nwithoutselectionoftheelectronicrecord;and\n(d)doesnotmodifytheelectronicrecordcontainedinthe\ntransmission.\n35(2)Theactsoftransmission,routingandprovisionofaccessinclude\ntheautomatic,intermediateandtransientstorageoftheinformation\ntransmittedinsofarasthistakesplace\n(a)forthesolepurposeofcarryingoutthetransmissioninthe\ninformationsystem;\n(b)inamannerthatmakesitordinarilyinaccessibletoanyone\notherthanananticipatedrecipient;and\n(c)foraperiodnolongerthanisreasonablynecessaryforthe\ntransmission.\nElectronicrecordtransmission\n71.Anintermediaryorserviceproviderwhotransmitsanelectronicrecord\nprovidedbyarecipientoftheservicethroughaninformationsystemunderits\ncontrolisnotliablefortheautomatic,intermediateandtemporarystorageof\nthatelectronicrecord,wherethepurposeofstoringtheelectronicrecordisto\nmaketheonwardtransmissionoftheelectronicrecordmoreefficienttoother\nrecipientsoftheserviceontheirrequest,aslongastheserviceprovider",
|
| 59 |
+
"maketheonwardtransmissionoftheelectronicrecordmoreefficienttoother\nrecipientsoftheserviceontheirrequest,aslongastheserviceprovider\n(a)doesnotmodifytheelectronicrecord;\n(b)complieswithconditionsonaccesstotheelectronicrecord;\n(c)complieswithrulesregardingtheupdatingoftheelectronic\nrecord,specifiedinamannerwidelyrecognisedandusedbythe\nindustry;\n(d)doesnotinterferewiththelawfuluseoftechnologywidely\nrecognisedandusedbytheindustrytoobtaininformationon\ntheuseoftheelectronicrecord;and\n(e)removesordisablesaccesstotheelectronicrecordithadstored\nuponreceivingatake-downnoticeunderthisAct.\nHosting\n72.(1)Anintermediaryorserviceproviderwhoprovidesaservicethat\nconsistsofthestorageofelectronicrecordsprovidedtoauseroftheservice,\nisnotliablefordamagesarisingfrominformationstoredattherequestofthe\nrecipientoftheservice,aslongastheserviceprovider\n(a)doesnothaveactualknowledgethattheinformationoran\nactivityrelatingtotheinformationisinfringingtherightsof\nathirdparty,",
|
| 60 |
+
"recipientoftheservice,aslongastheserviceprovider\n(a)doesnothaveactualknowledgethattheinformationoran\nactivityrelatingtotheinformationisinfringingtherightsof\nathirdparty,\n36(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing\nactivityortheinfringingnatureoftheinformationisapparentor\ncanbereasonablyinferred,and\n(c)uponreceiptofatake-downnotificationunderthisAct,takes\nactionexpeditiouslytoremoveortodisableaccesstothe\ninformation.\n(2)Thelimitationsonliabilityestablishedbythissectiondonotapply\ntoaserviceproviderunless\n(a)ithasprovidedanaddresstoreceivenotificationsof\ninfringement;or\n(b)ithasanagentforreceiptofnotificationofinfringement.\nInformationlocationtools\n73.Anintermediaryorserviceproviderisnotliablefordamagesincurred\nbyapersoniftheserviceproviderrefersorlinksuserstoawebpage\ncontaininganinfringingelectronicrecordorinfringingactivity,byusing\ninformationlocationtools,includingadirectory,index,reference,pointer,or\nhyperlink,wheretheintermediaryorserviceprovider\n(a)doesnothaveactualknowledgethattheelectronicrecordoran",
|
| 61 |
+
"informationlocationtools,includingadirectory,index,reference,pointer,or\nhyperlink,wheretheintermediaryorserviceprovider\n(a)doesnothaveactualknowledgethattheelectronicrecordoran\nactivityrelatingtotheelectronicrecordisinfringingtherights\nofthatpersonortheState;\n(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing\nactivityortheinfringingnatureoftheelectronicrecordis\napparentorcanbereasonablyinferred;\n(c)doesnotreceiveafinancialbenefitdirectlyattributabletothe\ninfringingactivity;and\n(d)removesordisablesaccesstothereferenceorlinktothe\nelectronicrecordoractivitywithinareasonabletimeafterbeing\ninformedthattheelectronicrecordortheactivityrelatingtothe\nelectronicrecord,fringestherightsofapersonortheState.\nTake-downnotification\n74.(1)Apersonwhoclaimsthatanelectronicallypublishedmatteris\nillegalorunlawfulshallnotifythepublisher.\n(2)Anotificationofunlawfulactivityshallbeinapermanent\nmediumaddressedbythecomplainanttotheintermediaryorserviceprovider\noritsdesignatedagentandshallinclude\n37(a)thefullnamesandaddressofthecomplainant;",
|
| 62 |
+
"mediumaddressedbythecomplainanttotheintermediaryorserviceprovider\noritsdesignatedagentandshallinclude\n37(a)thefullnamesandaddressofthecomplainant;\n(b)thewrittenorelectronicsignatureofthecomplainant;\n(c)identificationoftherightthathasallegedlybeeninfringed\n(d)identificationofthematerialoractivitythatisclaimedtobethe\nsubjectofunlawfulactivity;\n(e)theremedialactionrequiredtobetakenbytheintermediaryor\nserviceproviderinrespectofthecomplaint;and\n(f)telephonicandelectroniccontactdetails,ifany,ofthe\ncomplainant.\n(3)Apersonwholodgesanotificationofunlawfulactivitywitha\nserviceproviderknowingthatitmateriallymisrepresentsthefactsisliableto\npayapecuniarypenaltyequivalenttofivehundredpenaltyunits.\n(4)Theintermediaryorserviceproviderisliableforwrongful\ntakedowninresponsetoanotification.\nMonitoringandcompliance\n75.(1)Anintermediaryorserviceprovidershallnotberequiredtomonitor\nanelectronicrecordprocessedbymeansofapersonalsysteminorderto\nascertainwhetheritsprocessingwouldconstituteorgiverisetoanoffence",
|
| 63 |
+
"anelectronicrecordprocessedbymeansofapersonalsysteminorderto\nascertainwhetheritsprocessingwouldconstituteorgiverisetoanoffence\norgiverisetocivilliability.\n(2)Nothinginthissectionshallrelieveanintermediaryorservice\nproviderfrom\n(a)anobligationtocomplywithanorderordirectionofaCourtor\nothercompetentAgency;or\n(b)anycontractualobligation.\nRiskAssessmentsandMitigation\n76.(1)VeryLargeOnlinePlatforms(VLOPs)andVeryLargeOnline\nSearchEngines(VLOSEs)shallconductannualriskassessmentstoidentify\nsystemicrisksassociatedwiththeirplatforms,includingbutnotlimitedto\ndisinformation,hatespeech,childexploitation,andotherharmfulcontent.\n(2)VLOPsandVLOSEsshallsubmitriskmitigationplanstotheNational\nInformationTechnologyAuthoritywithinthirty(30)daysfollowing\ncompletionoftheassessment.\n(3)Riskmanagementpracticesshallbesubjecttoindependentthird-party\nauditseverytwo(2)years,andtheauditreportsshallbesubmittedtoNational\n38InformationTechnologyAuthorityandmadepubliclyavailableinaccordance\nwithprescribedguidelines.\nTransparencyObligations",
|
| 64 |
+
"auditseverytwo(2)years,andtheauditreportsshallbesubmittedtoNational\n38InformationTechnologyAuthorityandmadepubliclyavailableinaccordance\nwithprescribedguidelines.\nTransparencyObligations\n77.(1)VLOPs,VLOSEs,andCertifyingAuthoritiesshallpublishbiannual\ntransparencyreportsdetailing\n(i)contentmoderationactionsundertaken,includingremovalsandaccount\nsuspensions;\n(ii)complaintsreceivedandthenatureandresolutionofsuchcomplaints;\n(iii)theuseofautomatedtools,includingartificialintelligencesystems,for\nfilteringormoderatingcontent;and\n(iv)algorithmicdisclosure,whichshallincludethecriteriausedincontent\nranking,targetedadvertising,andrecommendationsystems.\n(2)CertifyingAuthoritiesshallalsopublishannualtransparencyreports\ndetailing:\n(i)thenumberofdigitalcertificatesissued,revoked,orsuspended;and\n(ii)thereasonsandcircumstancessurroundingsuchactions.\nProtectionofChildren\n78.(1)Serviceprovidersofferingservicesdirectedatorlikelytobe\naccessedbychildrensshallimplementrobustage-verificationmechanismsto\npreventunauthorisedaccessbyunderageusers.",
|
| 65 |
+
"ProtectionofChildren\n78.(1)Serviceprovidersofferingservicesdirectedatorlikelytobe\naccessedbychildrensshallimplementrobustage-verificationmechanismsto\npreventunauthorisedaccessbyunderageusers.\n(2)Nopersonorentityshalldelivertargetedadvertisingbasedonthepersonal\ndataofchildrens,whetherdirectlyorthroughautomatedprofilingsystems.\nDuediligenceobligations\n79.Alicenseeshallconductperiodicriskassessmentsinaccordancewith\nstandardsprescribedbytheNational Information Technology Authority,with\naviewtoidentifying,managing,andmitigatingpotentialthreatstothe\nintegrity,confidentiality,andavailabilityofitssystemsandservices.\nLimitationsandprohibitedacts\n80.(1)ExceptasprovidedinthisAct\n(a)anypersonorentitythatprovidesanelectroniccommunication\nservicetothepublicshallnotknowinglydivulgethecontentsof\nacommunicationwhileinelectronicstoragebythatserviceto\nanypersonorentity;and\n39(b)apersonorentityprovidingremotecomputingservicetothe\npublicshallnotknowinglydivulgethecontentsofany\ncommunicationwhichiscarriedormaintainedonthatserviceto\nanyotherpersonorentity\n(i)onbehalfof,andreceivedbymeansofelectronic",
|
| 66 |
+
"publicshallnotknowinglydivulgethecontentsofany\ncommunicationwhichiscarriedormaintainedonthatserviceto\nanyotherpersonorentity\n(i)onbehalfof,andreceivedbymeansofelectronic\ntransmissionfromasubscriberorcustomerofthe\nservice;and\n(ii)solelyforthepurposeofprovidingstorageorcomputer\nprocessingservicestothesubscriberorcustomer,\niftheproviderisnotauthorisedtoaccessthecontentsofthecommunications\ntoprovideanyserviceotherthanstorageorcomputerprocessing.\n(2)Apersonorentitymaydivulgethecontentsofacommunication\n(a)toanaddresseeorintendedrecipientofthecommunicationor\nanagentoftheaddresseeorintendedrecipient;\n(b)asotherwiseauthorisedbylaw;\n(c)withthelawfulconsentoftheoriginator,anaddressee,intended\nrecipientofthecommunication,orthesubscriberinthecaseof\nremotecomputingservice;\n(d)toapersonemployed,authorisedorwhosefacilitiesareusedto\nforwardthecommunicationtoitsdestination;\n(e)asmaybenecessarilyincidenttotheprovisionoftheserviceor\ntotheprotectionoftherightsorpropertyoftheproviderofthat\nservice;or",
|
| 67 |
+
"forwardthecommunicationtoitsdestination;\n(e)asmaybenecessarilyincidenttotheprovisionoftheserviceor\ntotheprotectionoftherightsorpropertyoftheproviderofthat\nservice;or\n(f)toalawenforcementagencyifthecontentswereinadvertently\nandunintentionallyobtainedbytheserviceproviderandappear\ntorelatetothecommissionofacrime.\nSavings\n81.Sections70to80donotaffect\n(a)anobligationfoundedonanagreement;\n(b)theobligationofaserviceprovideractingasinthatcapacity\nunderalicensingorotherregulatoryregimeestablishedbyor\nunderanylaw;and\n(c)anobligationimposedbylaworbyaCourtordertoremove,\nblockordenyaccesstoanelectronicrecord.\n40Miscellaneousmatters\nTerritorialscopeofoffencesunderthisAct\n82.(1)ThisActhaseffectinrelationtoapersonofwhatevernationality\noutsideaswellaswithinthecountryandwhereanoffenceunderthisActis\ncommittedbyapersoninanyplaceoutsidethecountry,thepersonmaybe\ndealtwithasiftheoffencehadbeencommittedwithinthecountry.\n(2)ThisActshallapplyif,fortheoffenceinquestion\n(a)theaccusedwasinthecountryatthematerialtime;",
|
| 68 |
+
"dealtwithasiftheoffencehadbeencommittedwithinthecountry.\n(2)ThisActshallapplyif,fortheoffenceinquestion\n(a)theaccusedwasinthecountryatthematerialtime;\n(b)theelectronicpaymentmedium,computerorelectronicrecord\nwasissuedinorlocatedorstoredinthecountryatthematerial\ntime;\n(c)theelectronicpaymentmediumwasissuedbyafinancial\ninstitutioninthecountry;or\n(d)theoffenceoccurredwithinthecountry,onboardaGhanaian\nregisteredshiporaircraftoronavoyageorflighttoorfromthis\ncountryatthetimethattheoffencewascommitted,whether\nparagraph(a),(b)or(c)applies.\nGuidelines,directives,orcodesofpractice\n83.TheNational Information Technology Authoritymay,forthepurposeof\ngivingeffecttotheprovisionsofthisAct,issueguidelines,directives,or\ncodesofpracticeasitconsidersnecessaryfortheeffectiveimplementation\nandenforcementofthisActandanyRegulationsmadeunderit.\nRegulations\n84.TheMinistermaybylegislativeinstrumentmakeregulations\n(a)todefine,enlargeorrestrictthemeaningofawordor\nexpressionusedinthisAct;\n(b)tospecifyprovisionsoforrequirementsunderanother",
|
| 69 |
+
"(a)todefine,enlargeorrestrictthemeaningofawordor\nexpressionusedinthisAct;\n(b)tospecifyprovisionsoforrequirementsunderanother\nenactmenttowhichthisActdoesnotapply;\n(c)toprescriberecords,informationorclassesofrecordsor\ninformationnotapplicabletothisAct;\n(d)toprescriberecordsorclassesofrecordsforwhicha\nrequirementunderlawforthesignatureofapersonmustbe\nsatisfiedbyanelectronicsignatureandproofthat,inviewofthe\n41circumstancesincludinganyrelevantagreementandthetime\ntheelectronicsignaturewasmade,\n(i)theelectronicsignatureisreliableforthepurposeof\nidentifyingtheperson,and\n(ii)theassociationoftheelectronicsignaturewiththe\nrelevantelectronicrecordisreliableforthepurposesfor\nwhichtheelectronicrecordwasmade;\n(e)toprovideforelectronicsignatures;\n(f)toprovidefortheelectronicmeanstobeusedtosend,receive\norretaininformationorrecordsinelectronicformif\nanenactmentrequiresapersontosend,receiveorretainthe\ninformationorrecords;and\n(g)toprovideforanyothermatternecessaryfortheeffective\nimplementationofthisAct.\nInterpretation",
|
| 70 |
+
"anenactmentrequiresapersontosend,receiveorretainthe\ninformationorrecords;and\n(g)toprovideforanyothermatternecessaryfortheeffective\nimplementationofthisAct.\nInterpretation\n85.InthisAct,unlessthecontextotherwiserequires,\n\"access\"includestheactionsofapersonwho,aftertakingnoteofdata,\nbecomesawareofthefactthatthereisnoauthorisationtoaccessthatdataand\nstillcontinuestoaccessthatdata;\n\"addressee\",inrespectofanelectronicrecord,meansapersonwhois\nintendedbytheoriginatortoreceivetheelectronicrecord,butnotaperson\nactingasanintermediarywithrespecttothatelectronicrecord;\n\"Agency\"meanstheNationalInformationTechnologyAgency;\n\"algorithmicdisclosure\"meanstheobligationofaplatformorservice\nprovidertomakeavailablemeaningfulinformationaboutthelogic,\nsignificance,parameters,andpotentialimpactofalgorithmsusedinranking,\nrecommending,orfilteringcontentoradvertisements;\n\"authenticationproductsorservices\"meansproductsorservicesdesignedto\nidentifytheholderofanelectronicsignaturetootherpersons;\n42\"authenticationserviceprovider\"meansapersonwhoseauthentication",
|
| 71 |
+
"\"authenticationproductsorservices\"meansproductsorservicesdesignedto\nidentifytheholderofanelectronicsignaturetootherpersons;\n42\"authenticationserviceprovider\"meansapersonwhoseauthentication\nproductsorserviceshavebeenaccreditedbytheCertifyingAgencyunderthis\nAct;\n\"automatedprofiling\"meanstheuseofautomatedprocessingtechniques,\nincludingartificialintelligenceormachinelearning,toanalysepersonaldata\ninordertoevaluatecertainaspectsofaperson,inparticulartopredictor\nassessbehaviour,preferences,interests,orlocation;\n\"automatedtransaction\"meansanelectronictransactionconductedor\nperformed,inwholeorinpart,bymeansofelectronicrecordsinwhichthe\nconductorelectronicrecordsofoneorbothpartiesarenotreviewedbyan\nindividualintheordinarycourseoftheindividual\u2019sbusinessoremployment;\n\"Biometricauthentication\"meanstheprocessofverifyinganindividual\u2019s\nidentitybasedonmeasurablephysiologicalorbehaviouralcharacteristics,\nincludingbutnotlimitedtofingerprints,facialfeatures,voicepatterns,retinal\nscans,orotherbiometricidentifiers,usedinconnectionwithelectronic\nidentificationordigitalsignatures;",
|
| 72 |
+
"includingbutnotlimitedtofingerprints,facialfeatures,voicepatterns,retinal\nscans,orotherbiometricidentifiers,usedinconnectionwithelectronic\nidentificationordigitalsignatures;\n\"Board\"meansBoardoftheAgency;\n\"browser\"meansacomputerprogrammewhichallowsapersontoread\nhyperlinkedelectronicrecords;\n\"cache\"meanshighspeedmemorythatstoresdataforrelativelyshortperiods\noftime,undercomputercontrol,inordertospeedupdatatransmissionor\nprocessing;\n\"ccTLD\"meanscountrycodedomainatthetopleveloftheInternet\u2019sdomain\nnamesystemassignedaccordingtothetwo-lettercodesintheInternational\nStandardISO3166-1(CodesforRepresentationofNamesofCountriesand\ntheirSubdivision);\n\"Certificatepracticestatement\"meansastatementpublishedbyacertification\nserviceproviderthatoutlinesthepractices,procedures,andsecuritycontrols\nusedintheissuance,management,revocation,andrenewalofdigital\ncertificates;\n43\"certificationserviceprovider\"meansapersonprovidinganauthentication\nproductorserviceintheformofadigitalcertificateattachedto,incorporated\ninorlogicallyassociatedwithanelectronicrecord;",
|
| 73 |
+
"certificates;\n43\"certificationserviceprovider\"meansapersonprovidinganauthentication\nproductorserviceintheformofadigitalcertificateattachedto,incorporated\ninorlogicallyassociatedwithanelectronicrecord;\n\"CertifyingAgency\"meanstheCertifyingAgencyestablishedunderthisAct;\n\"cleardays\"meanscompletedaysexcludingthedayofdispatch;\n\"computer\"meansadeviceoragroupofinter-connectedorrelateddevices,\nincludingtheInternet,oneormoreofwhich,pursuanttoaprogramme,\nperformsautomaticprocessingofdataoranyotherfunctionbutdoesnot\ninclude\n(a)portablehandheldcalculator;\n(b)anautomatedtypewriterortypesetter;\n(c)asimilardevicewhichisnon-programmableorwhichdoesnotcontainany\ndatastoragefacility;or\n(d)anyotherdevicethattheMinistermayprescribeintheGazette;\n\"computeroutput\"or\"output\"meansastatementorrepresentation,whether\ninwritten,printed,pictorial,graphical,electronic,digitaloranyotherform,\npurportingtobeastatementorrepresentationoffact\n(a)producedbyacomputer;or\n(b)accuratelytranslatedfromastatementorrepresentationsoproduced;\n\"computerservice\"includescomputertime,computeroutput,dataprocessing",
|
| 74 |
+
"(a)producedbyacomputer;or\n(b)accuratelytranslatedfromastatementorrepresentationsoproduced;\n\"computerservice\"includescomputertime,computeroutput,dataprocessing\nandthestorageorretrievalofaprogrammeordata;\n\"consumer\"meansanindividualpersonwhoentersorintendsenteringintoan\nelectronictransactionwithasupplierastheenduserofthegoodsorservices\nofferedbythatsupplier;\n\"controller\"meansapersonwhoelectronicallyrequests,collects,collates,\nprocessesorstorespersonalinformationfromorinrespectofadatasubject;\n\"Court\"meansanyjudicial,quasi-judicialorotheradministrativetribunal\nestablishedbylaw;\n44\"criticaldatabase\"meansacrucialsetofdatainanelectronicrecordrelatedto\nnationalsecurityortheeconomicwell-beingofthepublicdeterminedbythe\nMinister;\n\"criticaldatabaseadministrator\"meansthepersonresponsibleforthe\nmanagementandcontrolofacriticaldatabase;\n\"criticalelectronicrecord\"meansanelectronicrecord,grouporclassification\nofelectronicrecordwhichisdeclaredbytheMinistertobeofimportanceto\ntheprotectionofthenationalsecurityoftheRepublicortheeconomicand\nsocialwell-beingofitscitizens;",
|
| 75 |
+
"ofelectronicrecordwhichisdeclaredbytheMinistertobeofimportanceto\ntheprotectionofthenationalsecurityoftheRepublicortheeconomicand\nsocialwell-beingofitscitizens;\n\"cyberinspector\"meansastaffoftheNationalInformationTechnology\nAgencywithpowertomonitor,investigate,prosecuteanyoffenceunderthis\nActandanyotherlawenforcementagencyactingunderanyprovisionofthis\nAct;\n\"damage\"includesimpairmenttoacomputerortheintegrityoravailabilityof\naprogrammeordataheldinacomputerthat:\n(a)causeslosswithintheperiodprescribedundertheLimitationDecree,1972\n(N.R.C.D.54),\n(b)modifiesorimpairs,orpotentiallymodifiesorimpairs,themedical\nexamination,diagnosis,treatmentorcareofaperson,\n(c)causesorthreatensphysicalinjuryordeathtoaperson,or\n(d)threatensthepublicinterest;\n\"decryptioninformation\"meansinformationortechnologythatenablesa\npersontoreadilyretransformorunscrambleanencryptedprogrammeordata\nfromitsunreadableandincomprehensibleformattoitsplaintextversion;\n\"device\"meansanythingorapparatusthatisusedorcapableofbeingusedto\ninterceptafunctionofacomputerorelectronicrecord;",
|
| 76 |
+
"fromitsunreadableandincomprehensibleformattoitsplaintextversion;\n\"device\"meansanythingorapparatusthatisusedorcapableofbeingusedto\ninterceptafunctionofacomputerorelectronicrecord;\n\"digitalplatform\"meansanonline-basedsystemorinterface,includingweb-\nbasedplatformsandapp-basedecosystems,thatfacilitatesinteractionbetween\nusersfortheexchangeofgoods,services,information,orcontent,including\nsocialmediaplatforms,onlinemarketplaces,anddigitalserviceaggregators;\n45\"digitalsignature\"meansdataattachedto,incorporatedin,orlogically\nassociatedwithotherdataandwhichisintendedbytheusertoserveasa\nsignature;\n\"domainnamesystem\"meansasystemtotranslatedomainnamesintoIP\naddressesorotherinformation;\n\"E-Gazette\"meansanofficialGovernmentpublicationissuedinelectronic\nformat,whichisaccessibleonline,authenticatedbyelectronicordigital\nsignature,andwhichcarriesthesamelegaleffectandadmissibilityincourtas\ntheprintversionoftheGazette;\n\"e-governmentservices\"meansapublicserviceprovidedbyelectronicmeans\nbyapublicbodyinthecountry;",
|
| 77 |
+
"theprintversionoftheGazette;\n\"e-governmentservices\"meansapublicserviceprovidedbyelectronicmeans\nbyapublicbodyinthecountry;\n\"e-mail\"meanselectronicmail,anelectronicrecordusedorintendedtobe\nusedasamailmessagebetweentheoriginatorandaddresseeinanelectronic\ncommunication;\n\"electronicagent\"meansacomputerprogrammeoranelectronicorother\nautomatedmeansusedindependentlytoinitiateanactionorrespondto\nelectronicrecordsorperformancesinwholeorinpart,inanautomated\ntransaction;\n\"electroniccommunication\"meansacommunicationbymeansofelectronic\nrecords;\n\"electronicpaymentmedium\"includesanymediumissuedtoaholdercapable\nofbeingusedtomakeanelectronicfinancialtransaction;\n\"electronicrecord\"includesdatagenerated,sent,receivedorstoredby\nelectronicmeans:\n(a)voice,wherevoiceisusedinanautomatedtransaction;and\n(b)astoredrecord;\n\"electronicsignature\"meansanydatainelectronicform,affixedtoor\nlogicallyassociatedwithadatamessage,whichisusedbyapersontoindicate\ntheiragreementtothecontentofthatdatamessageortransaction,andwhich\n46iscapableofidentifyingthesignatoryandmaintainingtheintegrityofthe",
|
| 78 |
+
"theiragreementtothecontentofthatdatamessageortransaction,andwhich\n46iscapableofidentifyingthesignatoryandmaintainingtheintegrityofthe\nsignedinformation;\n\"electronictransaction\"meansatransactionbyanelectronicagent;\n\"encryptedproduct\"meansaproductthatmakesuseofencryptiontechniques\nandisusedbyasenderorrecipientofelectronicrecordtoensure\n(a)thatthedatacanbeaccessedonlybyrelevantpersons,\n(b)theauthenticityofthedata,\n(c)theintegrityofthedata,or\n(d)thatthesourceofthedatacanbecorrectlyascertained;\n\"encryptedprogrammeorelectronicrecord\"meansaprogrammeordata\nwhichhasbeentransformedorscrambledfromitsplaintextversiontoan\nunreadableorincomprehensibleformat,regardlessofthetechniqueutilized\nforthetransformationorscramblingandirrespectiveofthemediuminwhich\ntheprogrammeordataoccursorcanbefoundforthepurposesofprotecting\nthecontentoftheprogrammeordata;\n\"encryptionprovider\"meansanypersonwhoprovidesorwhoproposesto\nprovideencryptionservicesorproductsinthecountry;",
|
| 79 |
+
"thecontentoftheprogrammeordata;\n\"encryptionprovider\"meansanypersonwhoprovidesorwhoproposesto\nprovideencryptionservicesorproductsinthecountry;\n\"encryptionservice\"meansaservicewhichisprovidedtoasenderora\nrecipientofanelectronicrecordortoanyonestoringanelectronicrecord,\nwhichisdesignedtofacilitatetheuseofencryptiontechniquestoensure\n(a)thatthedataorelectronicrecordcanbeaccessedorcanbeputintoan\nintelligibleformonlybycertainpersons,\n(b)thattheauthenticityorintegrityofthedataorelectronicrecordiscapable\nofbeingascertained,\n(c)theintegrityofthedataorelectronicrecord,or\n(d)thatthesourceofthedataorelectronicrecordcanbecorrectlyascertained;\n\"essentialemergencyservice\"meansavitalservicetoavoidtheimminent\noccurrenceofasituationwhichisoutoftheordinarywhichthreatensto\nendangeraperson,publicsafetyorcausedamagetoproperty;\n\"financialinstitution\"meansanentitythatundertakesfinancialintermediation;\n47\"financialintermediation\"meansaprocessoftransferringfundsfromone\nentitytoanotherentity;",
|
| 80 |
+
"\"financialinstitution\"meansanentitythatundertakesfinancialintermediation;\n47\"financialintermediation\"meansaprocessoftransferringfundsfromone\nentitytoanotherentity;\n\"Forum\"meansIndustryForum;\n\"function\"includeslogic,control,arithmetic,deletion,storageandretrieval,\nandcommunicationortelecommunicationto,fromorwithinacomputer;\n\"Gazette\"includesanelectronicrecordoftheGazetteandpublicationonthe\nwebsiteoftheappropriateGovernmentAgency;\n\".ghdomainnamespace\"meansthe.ghccTLDassignedtotheRepublic\naccordingtothetwo-lettercodesintheInternationalStandardISO3166;\n\"Government\"meansanyauthoritybywhichtheexecutiveauthorityofthe\nRepublicisdulyexercised;\n\"homepage\"meanstheprimaryentrypointwebpageofawebsite;\n\"hyperlink\"meansareferenceorlinkfromsomepointinoneelectronic\nrecorddirectingabrowserorothertechnologyorfunctionalitytoanother\nelectronicrecordorpointinthatelectronicrecordortoanotherplaceinthe\nsameelectronicrecord;\n\"hypertext\"meansareferenceorlinkfromsomepointinoneelectronic\nrecorddirectingabrowserorothertechnologyorfunctionalitytoanother",
|
| 81 |
+
"sameelectronicrecord;\n\"hypertext\"meansareferenceorlinkfromsomepointinoneelectronic\nrecorddirectingabrowserorothertechnologyorfunctionalitytoanother\nelectronicrecordorpointortoanotherplaceinthesameelectronicrecord;\n\"incorporatedbody\"meansanentityregisteredundertheCompaniesAct\n2019(Act992),theIncorporatedPrivatePartnershipsAct1962(Act152)or\ntheTrusteesIncorporationAct,1962(Act106);\n\"incidentresponseplan\"meansaformalsetofproceduresestablishedbya\nlicensedentityorcertifyingauthorityfordetecting,reporting,respondingto,\nandrecoveringfromcybersecurityincidentsorbreachesthataffectthe\nintegrity,availability,orconfidentialityofitssystemsorservices;\n\"industry\"meansthecommunicationsindustry;\n48\"IndustryForum\"meansthecommunicationsindustrymeetingfromtimeto\ntimetodiscussmattersofcommoninteresttoandconcerningtheindustry;\n\"informationsystem\"includesasystemforgenerating,sending,receiving,\nstoring,displayingorotherwiseprocessingelectronicrecordsandtheInternet;\n\"informationsystemservices\"includestheprovisionofconnections,the\noperationoffacilitiesforinformationsystems,theprovisionofaccessto",
|
| 82 |
+
"storing,displayingorotherwiseprocessingelectronicrecordsandtheInternet;\n\"informationsystemservices\"includestheprovisionofconnections,the\noperationoffacilitiesforinformationsystems,theprovisionofaccessto\ninformationsystems,thetransmissionorroutingofelectronicrecordsbetween\noramongpointsspecifiedbyauserandtheprocessingandstorageofdataat\ntheindividualrequestoftherecipientoftheservice;\n\"intercept\"includes,inrelationtoafunctionofacomputerorelectronic\nrecord,listeningtoorrecordingafunctionofacomputerorelectronicrecord,\noracquiringthesubstance,meaningorpurportofit;\n\"intermediary\"meansapersonwho,onbehalfofanotherperson,whetheras\nagentornot,sends,receivesorstoresaparticularelectronicrecordorprovides\notherserviceswithrespecttothatelectronicrecord;\n\"interoperabilitystandards\"meanstechnicalspecificationsthatensuredigital\nsystems,applications,andprocessesarecapableofexchangingandusing\ninformationsecurely,effectively,andconsistentlyacrossdifferentplatforms,\njurisdictions,orcertifyingauthorities;\n\"Internet\"meanstheinterconnectedsystemofnetworksthatconnects\ncomputersaroundtheworldusingtheTCP/IPandfutureversionsofthe",
|
| 83 |
+
"jurisdictions,orcertifyingauthorities;\n\"Internet\"meanstheinterconnectedsystemofnetworksthatconnects\ncomputersaroundtheworldusingtheTCP/IPandfutureversionsofthe\ninterconnectedsystem;\n\"IPaddress\"meansthenumberidentifyingthepointofconnectionofa\ncomputerorotherdevicetotheinternet;\n\"lawenforcementagency\"meansthepolice,customs,exciseandpreventive\nserviceandanyotherlawenforcementagencyauthorisedbylawtoexercise\npolicepowers;\n\"Minister\"meanstheMinisterresponsibleforCommunications;\n49\"Ministry\"meanstheMinistryresponsibleforCommunications;\n\"notice\"meanstransactionalmessageornotificationintendedtoelicitthe\nsubscriber\u2019schoicetoopt-inoropt-outofaservice,oranemergency\ncommunicationprescribedbylaw;\n\"originator\"meansapersonbywhom,oronwhosebehalf,anelectronic\nrecordpurportstohavebeensentorgeneratedpriortostorage,butdoesnot\nmeanapersonactingasanintermediarywithrespecttothatelectronicrecord;\n\"person\"includesapublicagency;\n\"personalinformation\"meansinformationaboutanidentifiableindividual,\nincluding,butnotlimitedto:\n(a)informationrelatingtotherace,gender,sex,pregnancy,maritalstatus,",
|
| 84 |
+
"\"person\"includesapublicagency;\n\"personalinformation\"meansinformationaboutanidentifiableindividual,\nincluding,butnotlimitedto:\n(a)informationrelatingtotherace,gender,sex,pregnancy,maritalstatus,\nnationality,ethnicorsocialorigin,colour,sexualorientation,age,physicalor\nmentalhealth,well-being;disability,religion,conscience,belief,culture,\nlanguageandbirthoftheindividual;\n(b)informationrelatingtotheeducationorthemedical,criminalor\nemploymenthistoryoftheindividualorinformationrelatingtofinancial\ntransactionsinwhichtheindividualhasbeeninvolved;\n(c)anyidentifyingnumber,symbol,orotherparticularassignedtothe\nindividual;\n(d)theaddress,fingerprintsorbloodtypeoftheindividual;\n(e)thepersonalopinions,viewsorpreferencesoftheindividual,exceptwhere\ntheyareaboutanotherindividualoraboutaproposalforagrant,anawardora\nprizetobemadetoanotherindividual;\n(f)correspondencesentbytheindividualthatisimplicitlyorexplicitlyofa\nprivateorconfidentialnatureorfurthercorrespondencethatwouldrevealthe\ncontentsoforiginalcorrespondence;\n(g)theviewsoropinionsofanotherindividualabouttheindividual;",
|
| 85 |
+
"privateorconfidentialnatureorfurthercorrespondencethatwouldrevealthe\ncontentsoforiginalcorrespondence;\n(g)theviewsoropinionsofanotherindividualabouttheindividual;\n(h)theviewsoropinionsofanotherindividualaboutaproposalforagrant,an\nawardoraprizetobemadetotheindividual,butexcludingthenameofthe\notherindividualwhereitappearswiththeviewsoropinionsoftheother\nindividual;and\n(i)thenameoftheindividualwhereitappearswithotherpersonalinformation\nrelatingtotheindividualorwherethedisclosureofthenameitselfwould\n50revealinformationabouttheindividual,butexcludesinformationaboutan\nindividualwhohasbeendeadformorethantwentyyears;\n\"plaintextversion\"meansaprogrammeororiginaldatabeforeithasbeen\ntransformedorscrambledtoanunreadableorincomprehensibleformat;\n\"prescribe\"meansprescribebydirective,noticeorRegulationunderthisAct;\n\"programmeorcomputerprogramme\"meansdatarepresentinginstructionsor\nstatementswhichwhenexecutedinacomputer,causesthecomputerto\nperformafunction;\n\"programmeordata\"includesareferencetoaprogrammeordataheldinany",
|
| 86 |
+
"statementswhichwhenexecutedinacomputer,causesthecomputerto\nperformafunction;\n\"programmeordata\"includesareferencetoaprogrammeordataheldinany\nremovablestoragemediumwhichisforthetimebeinginthecomputer;\n\"publicagency\"meansabodyset-upbyGovernmentinthepublicinterest\nwithorwithoutanActofParliament;\n(a)departmentofcentralgovernmentoradepartmentinlocalgovernment;or\n(b)anyotherfunctionaryorinstitutionwhen\n(i)exercisingapowerordischargingadutyintermsoftheConstitution;or\n(ii)exercisingapowerorperformingafunctionintermsofanylegislation;\n\"publicinterest\"includesarightoradvantagewhichenuresorisintendedto\nenuretothegeneralbenefitofthepeopleofthiscountry,includingbutnot\nlimitedtoaccesstoessentialdigitalservices,protectionofpersonaldata,\npromotionofcybersecurity,andthesafeguardingofnationaldigital\ninfrastructure;\n\"publickey\"meansthekeywhichisavailabletothepublicforpurposesofthe\nencryptionofanelectronickeywhichislinkedtoaprivatedecryptionkey\nheldexclusivelybytheissuerofthekeyavailabletothepublic;",
|
| 87 |
+
"encryptionofanelectronickeywhichislinkedtoaprivatedecryptionkey\nheldexclusivelybytheissuerofthekeyavailabletothepublic;\n\"PublicKeyInfrastructure\"(PKI)meansasystemofpolicies,roles,\nhardware,software,andproceduresneededtocreate,manage,distribute,use,\nstore,andrevokedigitalcertificatesandpublickeys,enablingsecure\nelectronictransactionsandcommunicationthroughauthentication,\nconfidentiality,integrity,andnon-repudiation;\n51\"QualifiedElectronicSignature\"meansanelectronicsignaturethat\u2014\n(a)isuniquelylinkedtothesignatory;\n(b)iscapableofidentifyingthesignatory;\n(c)iscreatedusingmeansthatthesignatorycanmaintainundertheirsole\ncontrol;and\n(d)isbasedonaqualifiedcertificateissuedbyacertificationserviceprovider\naccreditedorrecognisedunderthisAct;\n\"recommendationsystem\"meansanautomatedsystemusedbyanonline\nplatformtosuggestcontent,products,services,orinteractionstousersbased\nondatacollectedfromoraboutthoseusersorotherusers;\n\"repository\"meanstheprimaryregisterofelectronicrecordsorinformation\nmaintainedbyaregistryorcertificationserviceprovider,forthepurposeof",
|
| 88 |
+
"\"repository\"meanstheprimaryregisterofelectronicrecordsorinformation\nmaintainedbyaregistryorcertificationserviceprovider,forthepurposeof\nstoring,publishing,orretrievingdigitalcertificates,publickeys,orrelated\ntransactionaldata;\n\"riskmanagementpractices\"meansstructuredprocesses,tools,and\nproceduresemployedtoassess,monitor,andaddressoperational,\ntechnological,legal,andreputationalriskswithinanelectronic\ncommunicationenvironment;\n\"riskmitigationplan\"meansadocumentedstrategydevelopedbyaservice\nproviderorplatformtoidentify,reduce,andmanagepotentialsystemicrisks\nandvulnerabilitiesassociatedwithitsoperations,systems,orcontent\ndisseminationprocesses;\n\"RootCA\"meanstheRootCertificationAuthority,beingthetop-leveltrusted\nentityinaPublicKeyInfrastructurethatissuesanddigitallysignscertificates\nforsubordinatecertificationauthorities,andservesasthefoundationaltrust\nanchorforthevalidationofalldigitalcertificatesissuedunderthe\ninfrastructure;\n\"secondleveldomain\"meansthesubdomainimmediatelyfollowingthe\nccTLD;\n\"securityagency\"meansabodyconnectedwithnationalsecurity;\n52\"serviceprovider\"meansanypersonprovidinginformationsystemservices;",
|
| 89 |
+
"ccTLD;\n\"securityagency\"meansabodyconnectedwithnationalsecurity;\n52\"serviceprovider\"meansanypersonprovidinginformationsystemservices;\n\"statutoryprovision\"meansbyorunderanActofParliament;\n\"subdomain\"meansanysubdivisionofthe.ghdomainnamespacewhichis\nthesecondleveldomain;\n\"Subscriber\"meansapersonorentitythatisthesubjectnamedoridentifiedin\nadigitalcertificate,whohasappliedforandbeenissuedthecertificatebya\ncertificationserviceprovider,andwhoholdsthecorrespondingprivatekey\nassociatedwiththepublickeylistedinthecertificate;\n\"TCP/IP\"meanstheTransmissionControlProtocolInternetProtocolusedby\naninformationsystemtoconnecttotheInternet;\n\"TI-D\"meansatopleveldomainofthedomainnamesystem;\n\"thirdparty\"inrelationtoaserviceprovider,meansasubscribertotheservice\nprovider\u2019sservicesoranyotheruseroftheserviceprovider\u2019sservicesora\nuserofinformationsystems;\n\"transaction\"meansatransactionofeitheracommercialornon-commercial\nnatureandtheprovisionofinformationande-governmentservices;\n\"transparencyreport\"meansaperiodicreportpublishedbyaserviceprovider,",
|
| 90 |
+
"\"transaction\"meansatransactionofeitheracommercialornon-commercial\nnatureandtheprovisionofinformationande-governmentservices;\n\"transparencyreport\"meansaperiodicreportpublishedbyaserviceprovider,\ncertifyingauthority,orplatformdetailingthescopeandnatureofcontent\nmoderationactivities,useofautomatedtools,algorithmicprocesses,\ncomplaintsreceivedandresolved,andotheroperationalmetricsasrequired\nunderthisAct;\n\"unauthorisedaccess\"isaccessofanykindbyapersontoaprogrammeor\ndataheldinacomputerwithoutauthorityif:\n(a)thepersonisnotpersonallyentitledtocontrolaccessofthekindin\nquestiontotheprogrammeordata;and\n(b)thepersondoesnothaveconsenttoaccessthekindofprogrammeordata\nfromthepersonwhoisentitledtocontrolaccess;\n53\"unincorporatedbody\"meansanentityregisteredundertheRegistrationof\nBusinessNamesAct,1962(Act151)oranypersoncarryingonbusiness\nwithoutaregistrationorwithoutacertificateofincorporation;\n\"universalaccess\"meansaccessbyallcitizensofGhanatointernet\nconnectivityandelectronictransactions;\n\"user-generatedcontent\"meansanyformofcontent,includingtext,images,",
|
| 91 |
+
"\"universalaccess\"meansaccessbyallcitizensofGhanatointernet\nconnectivityandelectronictransactions;\n\"user-generatedcontent\"meansanyformofcontent,includingtext,images,\nvideos,oraudio,createdanduploadedbyauserofanonlineplatform,which\nisnotpre-selectedorcontrolledbytheserviceproviderotherthanthrough\nmoderationoralgorithmiccuration;\n\"VeryLargeOnlinePlatforms\"or\"VLOPs\"meansonlineplatformsthat\nprovideintermediaryservicesprimarilyconsistingofhostinguser-generated\ncontent,whichreachanaverageofforty-fivemillionormoremonthlyactive\nuserswithinthejurisdictionorrelevantregion,andwhich,duetotheirsize,\nhaveasignificantsocietalorsystemicimpactonthedisseminationof\ninformation,publicdiscourse,oraccesstogoodsandservicesonline;\n\"VeryLargeOnlineSearchEngines\"or\"VLOSEs\"meansonlinesearch\nenginesthatallowuserstoinputqueriestoretrieveinformationfromwebsites\nacrosstheinternet,andwhichreachanaverageofforty-fivemillionormore\nmonthlyactiveusers,therebyhavingaconsiderableeffectonthevisibilityof\nonlineinformationandtheflowofdigitaltraffic;",
|
| 92 |
+
"acrosstheinternet,andwhichreachanaverageofforty-fivemillionormore\nmonthlyactiveusers,therebyhavingaconsiderableeffectonthevisibilityof\nonlineinformationandtheflowofdigitaltraffic;\n\"webpage\"meansanelectronicrecordontheWorldWideWeb;\n\"website\"meansalocationontheInternetcontainingahomepageorweb\npage;and\n\"WorldWideWeb\"meansaninformationbrowsingframeworkthatallowsa\nusertolocateandaccessinformationstoredonaremotecomputerandto\nfollowreferencesfromonecomputertorelatedinformationonanother\ncomputer.\nRepealsandsavings\n86.(1)TheElectronicTransactionsAct,2008(Act772)isherebyrepealed.\n54(2)Despitetherepealundersubsection(1),anylicence,authorisation,notice,\norotherlawfulactissuedordoneundertherepealedenactment,andinforce\nimmediatelybeforethecomingintoforceofthisAct,shall,totheextentthatit\nisnotinconsistentwiththisAct,bedeemedtohavebeenissuedordoneunder\nthisActandshallcontinueinforceuntilitisrevoked,reviewed,cancelled,\nterminated,orexpires.\n(3)TheActshallnotaffecttherepealedenactmentintheoperationofoffences",
|
| 93 |
+
"thisActandshallcontinueinforceuntilitisrevoked,reviewed,cancelled,\nterminated,orexpires.\n(3)TheActshallnotaffecttherepealedenactmentintheoperationofoffences\ncommitted,penaltiesimposedorproceedingscommencedbeforethecoming\nintoforceofthisAct.\nModificationofexistingenactments\n87.(1)TheprovisionsofanyenactmentrelevanttothisActandinexistence\nbeforethecomingintoforceofthisActshallhaveeffectsubjecttosuch\nmodificationsnecessarytogiveeffecttothisAct.\n(2)Wherethereisaconflictorinconsistencybetweentheprovisionsofthis\nActandanyotherenactmentrelevanttothisAct,theprovisionsofthisAct\nshallprevail.\nTransitionalProvisions\n88.(1)Alicence,frequencyauthorisation,permitorcertificateissuedbythe\nNationalCommunicationsAuthorityinrespectofelectroniccommunications,\nspectrum,orbroadcastingservicesshallremainvaliduntilitisrevoked,\ncancelled,terminatedbytheAuthority,orexpiresinaccordancewithitsterms.\n(2)LicenseesandentitiessubjecttonewobligationsunderthisActshallbe\ngivenaperiodoftwelvemonthsfromthecommencementofthisAct,orsuch\nlongerperiodasmaybeprescribedbytheMinister,tobringtheiroperations",
|
| 94 |
+
"givenaperiodoftwelvemonthsfromthecommencementofthisAct,orsuch\nlongerperiodasmaybeprescribedbytheMinister,tobringtheiroperations\nintofullcompliance.\n*DateofGazettenotification:"
|
| 95 |
+
]
|
assets/example_bills/electronic-transactions-bill-2025/document.txt
ADDED
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|
| 1 |
+
1ELECTRONICTRANSACTIONSBILL,2025
|
| 2 |
+
ARRANGEMENTOFSECTIONS
|
| 3 |
+
Section
|
| 4 |
+
ObjectandscopeoftheAct
|
| 5 |
+
1.ObjectoftheAct
|
| 6 |
+
2.Application
|
| 7 |
+
3.ScopeofAct
|
| 8 |
+
Electronictransactions
|
| 9 |
+
4.Recognitionofelectronicmessage
|
| 10 |
+
5.Originalwriting
|
| 11 |
+
6.Admissibilityandevidentialweightofelectronicrecords
|
| 12 |
+
7.Retentionofelectronicrecords
|
| 13 |
+
8.Secureelectronicrecords
|
| 14 |
+
9.Digitalandelectronicsignatures
|
| 15 |
+
10.Equaltreatmentofdigitalandelectronicsignatures
|
| 16 |
+
11.Signingofanelectronicrecord
|
| 17 |
+
12.Conductofapersonrelyingonadigitalorelectronicsignature
|
| 18 |
+
13.Recognitionofelectroniccertificatesanddigitalorelectronicsignatures
|
| 19 |
+
14.Notarisation,acknowledgementandcertification
|
| 20 |
+
15.Otherrequirements
|
| 21 |
+
16.Automatedtransactions
|
| 22 |
+
17.Despatchofelectronicrecord
|
| 23 |
+
18.Receiptofelectronicrecord
|
| 24 |
+
19.Expressionofintentorotherstatement
|
| 25 |
+
20.Attributionofelectronicrecordstooriginator
|
| 26 |
+
21.Acknowledgementofreceiptofelectronicrecord
|
| 27 |
+
22.Formationandvalidityofagreements
|
| 28 |
+
23.Variationbyagreementbetweenparties
|
| 29 |
+
2Electronicgovernmentservices
|
| 30 |
+
24.Acceptanceofelectronicfilingandissuingofdocuments
|
| 31 |
+
25.Publicagencyandelectronicrecords
|
| 32 |
+
26.Publicationinelectronicformat
|
| 33 |
+
CertifyingAgency
|
| 34 |
+
27.Prohibitedacts
|
| 35 |
+
28.Provisionofauthenticationencryptionservices
|
| 36 |
+
29.CertifyingAgency
|
| 37 |
+
30.FunctionsoftheCertifyingAgency
|
| 38 |
+
31.Revocationofsuspensionoflicence
|
| 39 |
+
32.Surrenderoflicence
|
| 40 |
+
33.Recognitionofforeigncertifyingauthorities
|
| 41 |
+
34.Repositoryofdigitalandelectronicsignatures
|
| 42 |
+
35.Registeroflicenceholders
|
| 43 |
+
36.Restrictionsofdisclosureofinformation
|
| 44 |
+
37.Applicationforlicence
|
| 45 |
+
38.Grantoflicence
|
| 46 |
+
39.Displayoflicence
|
| 47 |
+
40.Dutiesoflicensedentities
|
| 48 |
+
41.Renewaloflicence
|
| 49 |
+
42.Procedureforgrantorrejectionofrenewaloflicence
|
| 50 |
+
43.Notificationofadverseevent
|
| 51 |
+
44.Procedurestobefollowedbylicensedperson
|
| 52 |
+
Consumerprotection
|
| 53 |
+
45.Scopeofapplication
|
| 54 |
+
46.Informationtobeprovided
|
| 55 |
+
47.Performance
|
| 56 |
+
48.Graceperiod
|
| 57 |
+
49.Unsolicitedgoods,servicesorcommunications
|
| 58 |
+
50.Liabilityformisuseofelectronicpaymentmedium
|
| 59 |
+
51.Electronicpaymentmediumlistsprohibited
|
| 60 |
+
52.Applicabilityofforeignlaw
|
| 61 |
+
53.Non-exclusion
|
| 62 |
+
3Protectedcomputersandcriticaldatabase
|
| 63 |
+
54.Protectedcomputer
|
| 64 |
+
55.Identificationofcriticalelectronicrecordandcriticaldatabases
|
| 65 |
+
56.Scopeofcriticaldatabaseprotection
|
| 66 |
+
57.Registrationofcriticaldatabases
|
| 67 |
+
58.Managementofcriticaldatabases
|
| 68 |
+
59.Restrictionsondisclosureofinformation
|
| 69 |
+
60.Audits
|
| 70 |
+
61.Non-compliancewithAct
|
| 71 |
+
AppealTribunal
|
| 72 |
+
62.EstablishmentoftheInformationCommunicationTechnologyTribunal
|
| 73 |
+
63.CompositionoftheTribunal
|
| 74 |
+
64.RulesofProcedureofTribunal
|
| 75 |
+
65.AppealsagainstdecisionsoftheAgency
|
| 76 |
+
66.DecisionofTribunal
|
| 77 |
+
67.AppealsagainstthedecisionsoftheTribunal
|
| 78 |
+
IndustryForum
|
| 79 |
+
68.EstablishmentofIndustryForum
|
| 80 |
+
69.Industrycode
|
| 81 |
+
Liabilityofserviceprovidersandintermediaries
|
| 82 |
+
70.Mereconduit
|
| 83 |
+
71.Electronicrecordtransmission
|
| 84 |
+
72.Hosting
|
| 85 |
+
73.Informationlocationtools
|
| 86 |
+
74.Take-downnotification
|
| 87 |
+
75.Monitoringandcompliance
|
| 88 |
+
76.RiskAssessmentsandmitigation
|
| 89 |
+
77.Transparencyobligations
|
| 90 |
+
78.Protectionofchildren
|
| 91 |
+
79.Duediligenceobligations
|
| 92 |
+
80.Limitationsandprohibitedacts
|
| 93 |
+
81.Savings
|
| 94 |
+
4Miscellaneousmatters
|
| 95 |
+
82.TerritorialscopeofoffencesunderthisAct
|
| 96 |
+
83.Guidelines,directives,orcodesofpractice
|
| 97 |
+
84.Regulations
|
| 98 |
+
85.Interpretation
|
| 99 |
+
86.Repealsandsavings
|
| 100 |
+
87.Modificationofexistingenactments
|
| 101 |
+
88.TransitionalProvisions
|
| 102 |
+
5ABILL
|
| 103 |
+
ENTITLED
|
| 104 |
+
ELECTRONICTRANSACTIONSACT,2025
|
| 105 |
+
ANACTtoprovidefortheregulationofelectroniccommunicationsand
|
| 106 |
+
relatedtransactionsandtoprovideforrelatedmatters.
|
| 107 |
+
DATEOFASSENT:
|
| 108 |
+
ENACTEDbyParliamentandassentedtobythePresident
|
| 109 |
+
ObjectoftheAct
|
| 110 |
+
ObjectoftheAct
|
| 111 |
+
1.(1)TheobjectofthisActistoprovideforandfacilitateelectronic
|
| 112 |
+
communicationsandrelatedtransactionsinthepublicinterest,andto
|
| 113 |
+
(a)removeandpreventbarrierstoelectroniccommunicationsand
|
| 114 |
+
transactions;
|
| 115 |
+
(b)promotelegalcertaintyandconfidenceinelectronic
|
| 116 |
+
communicationsandtransactions;
|
| 117 |
+
(c)promotee-governmentservicesandelectroniccommunications
|
| 118 |
+
andtransactionswithpublicandprivatebodies,institutionsand
|
| 119 |
+
citizens;
|
| 120 |
+
(d)developasafe,secureandeffectiveenvironmentforthe
|
| 121 |
+
consumer,businessandtheGovernmenttoconductanduse
|
| 122 |
+
electronictransactions;
|
| 123 |
+
(e)promotethedevelopmentofelectronictransactionservices
|
| 124 |
+
responsivetotheneedsofconsumers;
|
| 125 |
+
(f)ensurethat,inrelationtotheprovisionofelectronictransactions
|
| 126 |
+
services,thespecialneedsofvulnerablegroupsand
|
| 127 |
+
communitiesandpersonswithdisabilitiesaredulytakeninto
|
| 128 |
+
account;
|
| 129 |
+
6(g)ensurecompliancewithacceptedinternationaltechnical
|
| 130 |
+
standardsintheprovisionanddevelopmentofelectronic
|
| 131 |
+
communicationsandtransactions;and
|
| 132 |
+
(h)ensurethattheinterestandimageoftheRepublicarenot
|
| 133 |
+
compromisedthroughtheuseofelectroniccommunications.
|
| 134 |
+
Application
|
| 135 |
+
2.ThisActappliestoelectronictransactionsandelectronicrecordsof
|
| 136 |
+
everytype.
|
| 137 |
+
ScopeofAct
|
| 138 |
+
3.(1)ThisActshallnotbeinterpretedsoastoexcludestatutorylaworthe
|
| 139 |
+
principlesofthecommonlawbeingappliedto,recognisingor
|
| 140 |
+
accommodatingelectronictransactions,electronicrecordsoranyothermatter
|
| 141 |
+
providedforinthisAct.
|
| 142 |
+
(2)Unlessotherwiseprovided,thisActshallnotbeconstruedas
|
| 143 |
+
(a)requiringapersontogenerate,communicate,produce,process,
|
| 144 |
+
send,receive,record,retain,storeordisplayinformation,
|
| 145 |
+
documentorsignaturebyorinelectronicform;or
|
| 146 |
+
(b)prohibitingapersonfromestablishingrequirementsinrespect
|
| 147 |
+
ofthemannerinwhichthatpersonwillacceptelectronic
|
| 148 |
+
records.
|
| 149 |
+
(3)ThisActdoesnotlimittheoperationoflawthatexpressly
|
| 150 |
+
authorises,prohibitsorregulatestheuseofelectronicrecordsandany
|
| 151 |
+
legalrequirementlawforinformationtobeposted,displayedor
|
| 152 |
+
transmittedinaspecifiedmanner.
|
| 153 |
+
Electronictransactions
|
| 154 |
+
Recognitionofelectronicmessage
|
| 155 |
+
4.ExceptasprovidedinthisAct,wherealawprovidesthatinformationor
|
| 156 |
+
anyothermattershallbeinwriting,typewrittenorinprintedform,the
|
| 157 |
+
requirementshallbedeemedtohavebeensatisfiediftheinformationor
|
| 158 |
+
matteris
|
| 159 |
+
(a)renderedormadeavailableinanelectronicform,
|
| 160 |
+
(b)accessible,and
|
| 161 |
+
(c)capableofbeingretainedforasubsequentreferencedespite
|
| 162 |
+
thecontraryintentioninthelaw.
|
| 163 |
+
7Originalwriting
|
| 164 |
+
5.(1)Wherealawrequiresinformationtobepresentedorretainedinits
|
| 165 |
+
originalform,therequirementshallbedeemedtohavebeensatisfiedbyan
|
| 166 |
+
electronicrecordif
|
| 167 |
+
(a)thereisreliableassuranceoftheintegrityoftheelectronic
|
| 168 |
+
record,and
|
| 169 |
+
(b)theelectronicrecordiscapableofbeingdisplayedtotheperson
|
| 170 |
+
towhomitistobepresented.
|
| 171 |
+
(2)Thecriteriatoassessintegrityshallbewhethertheinformationhas
|
| 172 |
+
remainedcompleteandunalteredandtheinformationshallbeassessedtaking
|
| 173 |
+
intoconsiderationtherelevantcircumstancesforwhichtheinformationwas
|
| 174 |
+
generatedtodeterminethestandardofreliability.
|
| 175 |
+
Admissibilityandevidentialweightofelectronicrecords
|
| 176 |
+
6.(1)Theadmissibilityofanelectronicrecordshallnotbedeniedas
|
| 177 |
+
evidenceinlegalproceedingsexceptasprovidedinthisAct.
|
| 178 |
+
(2)InassessingtheevidentialweightofanelectronicrecordtheCourt
|
| 179 |
+
shallhaveregardto
|
| 180 |
+
(a)thereliabilityofthemannerinwhichtheelectronicrecordwas
|
| 181 |
+
generated,displayed,storedorcommunicated,
|
| 182 |
+
(b)thereliabilityofthemannerinwhichtheintegrityofthe
|
| 183 |
+
informationwasmaintained,
|
| 184 |
+
(c)themannerinwhichitsoriginatorwasidentified,and
|
| 185 |
+
(d)anyotherfactsthattheCourtmayconsiderrelevant.
|
| 186 |
+
Retentionofelectronicrecords
|
| 187 |
+
7.(1)Wherealawrequiresthatadocument,recordorinformationshallbe
|
| 188 |
+
retained,thatrequirementisdeemedtohavebeenmetifthedocument,record
|
| 189 |
+
orinformationisheldinelectronicformand
|
| 190 |
+
(a)isaccessible,
|
| 191 |
+
(b)iscapableofretentionforsubsequentreference,
|
| 192 |
+
(c)isretainedintheformatinwhichitwasgenerated,sentor
|
| 193 |
+
received,orinaformatwhichcanbedemonstratedtorepresent
|
| 194 |
+
accuratelytheinformationgenerated,sentorreceived,and
|
| 195 |
+
8(d)isretainedtoenabletheidentificationoftheoriginand
|
| 196 |
+
destinationoftheelectronicrecordandthedateandtimewhen
|
| 197 |
+
itwassentorreceived.
|
| 198 |
+
(2) Thedocument,recordorinformationshallbekeptin
|
| 199 |
+
electronicformforatleastsixyears.
|
| 200 |
+
(3) Anobligationtoretainadocument,recordorinformationdoes
|
| 201 |
+
notextendtoinformationwhichisonlytoenablethemessagetobesentor
|
| 202 |
+
received.
|
| 203 |
+
Secureelectronicrecord
|
| 204 |
+
8.(1)Whereasecurityprocedurehasbeenappliedtoanelectronicrecord
|
| 205 |
+
ataspecificpointintime,therecordisdeemedtobeasecureelectronic
|
| 206 |
+
recordduringtheperiodwhenthesecurityprocedurewasapplied.
|
| 207 |
+
(2) Anunauthorisedalterationofthesecurityprocedurerenders
|
| 208 |
+
therecordinvalid.
|
| 209 |
+
(3) Analterationisunauthorisedifitisdonebyapersonwithout
|
| 210 |
+
thelawfulauthorityofthepersonwhooriginallyappliedthesecurity
|
| 211 |
+
procedure.
|
| 212 |
+
Digitalandelectronicsignatures
|
| 213 |
+
9.(1)Wherealawrequiresthesignatureofaperson,thatrequirementis
|
| 214 |
+
deemedtobesatisfiedinrelationtoanelectronicrecordifadigitalor
|
| 215 |
+
electronicsignatureisused.
|
| 216 |
+
(2)Adigitalorelectronicsignatureisdeemedtobeauthenticif
|
| 217 |
+
(a)themeansofcreatingthedigitalorelectronicsignatureis,
|
| 218 |
+
withinthecontextinwhichitisused,linkedtothesignatory
|
| 219 |
+
andnottoanotherperson,
|
| 220 |
+
(b)themeansofcreatingthedigitalorelectronicsignaturewas,at
|
| 221 |
+
thetimeofsigning,underthecontrolofthesignatoryandnot
|
| 222 |
+
anotherpersonwithoutduressorundueinfluence,
|
| 223 |
+
(c)analterationtothedigitalorelectronicsignature,madeafterthe
|
| 224 |
+
timeofsigning,isdetectable
|
| 225 |
+
(3)Subsection(2)doesnotlimittherightofaperson
|
| 226 |
+
(a)toprovetheauthenticityofadigitalorelectronicsignaturein
|
| 227 |
+
anyotherway,or
|
| 228 |
+
9(b)toadduceevidenceinrespectofthenon-authenticityofadigital
|
| 229 |
+
orelectronicsignature.
|
| 230 |
+
(4)Digitalandelectronicsignaturecertificatesshallbeissuedonly
|
| 231 |
+
upontheconductofrigorousidentityverification,includingbutnot
|
| 232 |
+
limitedtobiometricauthenticationandvalidationagainstanational
|
| 233 |
+
identificationdatabase,inaccordancewiththeprovisionsofthe
|
| 234 |
+
NationalIdentificationAuthorityAct,2006(Act707),any
|
| 235 |
+
Regulationsmadethereunder,oranyotherapplicableenactmentsfor
|
| 236 |
+
thetimebeinginforce.
|
| 237 |
+
Equaltreatmentofdigitalandelectronicsignatures
|
| 238 |
+
10.ExceptasprovidedinthisAct,theprovisionsofthisActdonotexclude,
|
| 239 |
+
restrict,ordepriveoflegaleffect,anymethodofcreatingadigitalor
|
| 240 |
+
electronicsignaturewhich
|
| 241 |
+
(a)satisfiestherequirementsofthisAct,
|
| 242 |
+
(b)meetstherequirementsofotherstatutoryprovision,or
|
| 243 |
+
(c)isprovidedforunderacontract.
|
| 244 |
+
Signingofanelectronicrecord
|
| 245 |
+
11.Apersonmaysignanelectronicrecordbyaffixingapersonaldigitalor
|
| 246 |
+
electronicsignatureorusinganyotherrecognised,secureandverifiable
|
| 247 |
+
modeofsigningagreedbythepartiesorrecognisedbytheindustrytobe
|
| 248 |
+
safe,reliableandacceptable.
|
| 249 |
+
Conductofapersonrelyingonadigitalorelectronicsignature
|
| 250 |
+
12.Apersonwhoreliesonadigitalorelectronicsignatureshallbearthe
|
| 251 |
+
legalconsequencesoffailureto
|
| 252 |
+
(a)takereasonablestepstoverifytheauthenticityofadigitalor
|
| 253 |
+
electronicsignature,or
|
| 254 |
+
(b)takereasonablestepswhereadigitalorelectronicsignatureis
|
| 255 |
+
supportedbyacertificate,to
|
| 256 |
+
(i)verifythevalidityofthecertificate,or
|
| 257 |
+
(ii)observeanylimitationwithrespecttothecertificate.
|
| 258 |
+
Recognitionofdigitalcertificatesanddigitalandelectronicsignatures
|
| 259 |
+
13.(1)Unlessotherwiseprescribedbylaw,apersonmaydeterminethe
|
| 260 |
+
digitalorelectronicsignature,certificateorauthenticationthepersonwilluse.
|
| 261 |
+
10(2)TheMinistermayrecogniseadigitalorelectronicsignature,
|
| 262 |
+
certificateorauthenticationofaforeigninformationsecurityserviceprovider
|
| 263 |
+
forusebyapublicservantbynoticepublishedintheGazette.
|
| 264 |
+
Notarisation,acknowledgementandcertification
|
| 265 |
+
14.(1)Wherealawrequiresasignature,statementordocumenttobe
|
| 266 |
+
notarised,acknowledged,verifiedormadeunderoath,thatrequirementis
|
| 267 |
+
deemedtobesatisfiediftheelectronicordigitalsignatureoftheperson
|
| 268 |
+
authorisedtoperformthoseactsisaffixedtoanelectronicrecord.
|
| 269 |
+
(2)Wherealawrequiresorpermitsapersontoprovideacertified
|
| 270 |
+
copyofadocumentandthedocumentexistsinpaperorinanotherphysical
|
| 271 |
+
form,thatrequirementisdeemedtobesatisfiedifanelectroniccopyofthe
|
| 272 |
+
documentiscertifiedtobeatruecopybyusingtheelectronicordigital
|
| 273 |
+
signatureofthecertifyingperson.
|
| 274 |
+
Otherrequirements
|
| 275 |
+
15.(1)Arequirementinlawformultiplecopiesofadocumenttobe
|
| 276 |
+
submittedtoasingleaddresseeatthesametime,issatisfiedbythe
|
| 277 |
+
submissionofasingleelectronicrecordthatiscapableofbeingreproduced
|
| 278 |
+
bytheaddressee.
|
| 279 |
+
(2)Whereacorporatesealisrequiredtobeaffixedtoadocument,that
|
| 280 |
+
requirementisdeemedtobesatisfiediftheelectronicordigitalsignatureof
|
| 281 |
+
thecorporatebodyisaffixedtotheelectronicrecordinaccordancewiththe
|
| 282 |
+
provisionsrelatingtotheuseofthecorporateseal.
|
| 283 |
+
Automatedtransactionsordecision-making
|
| 284 |
+
16.(1)Aplatformorserviceproviderthatusesautomateddecision-
|
| 285 |
+
making,includingalgorithmiccuration,profiling,orrecommendation
|
| 286 |
+
systems,shall
|
| 287 |
+
(a)ensuretransparencyofthesystembydisclosingkeyparameters,
|
| 288 |
+
logicandpotentialimpacts;
|
| 289 |
+
(b)provideuserswithmeaningfulinformationonhowsuchsystems
|
| 290 |
+
affectaccesstogoods,services,orcontent;
|
| 291 |
+
(c)allowuserstoopt-outofpersonalisedrecommendations,where
|
| 292 |
+
feasible.
|
| 293 |
+
11(2)TheMinistermayissueguidelinesorregulationsfortheethical
|
| 294 |
+
useofartificialintelligenceandautomatedsystems,havingregardtofairness,
|
| 295 |
+
accountability,transparency,andnon-discrimination.
|
| 296 |
+
(3)Anautomatedtransactionisvalidevenifanelectronicagent
|
| 297 |
+
isinvolvedatanystageofitsformation.
|
| 298 |
+
(4)Apartyinteractingwithanelectronicagenttomakeanagreement
|
| 299 |
+
isnotboundbythetermsoftheagreementunlessthetermswere
|
| 300 |
+
capableatfirstofbeingaccessedbythepartypriortotheformationof
|
| 301 |
+
thecontract.
|
| 302 |
+
(5)Anelectroniccontractisnotvalidwhereanindividual
|
| 303 |
+
interactsdirectlywiththeelectronicagentandhasmadeamaterial
|
| 304 |
+
errorduringthecreationofanelectronicrecordand
|
| 305 |
+
(a)theelectronicagentdidnotprovidethatpersonwithaneasy
|
| 306 |
+
opportunitytopreventorcorrecttheerror;
|
| 307 |
+
(b)thatpersonnotifiesthepartycreatingtheelectronicrecordof
|
| 308 |
+
theerrorassoonaspracticableafternoticingit;
|
| 309 |
+
(c)thatpersontakesreasonablestepstoreturntotheprevious
|
| 310 |
+
situation;and
|
| 311 |
+
(d)thatpersonhasnotusedorreceivedmaterialbenefitorvalue
|
| 312 |
+
fromperformancereceivedfromtheotherperson.
|
| 313 |
+
Despatchofelectronicrecord
|
| 314 |
+
17.Unlessotherwiseagreedbetweentheoriginatorandtheaddressee,the
|
| 315 |
+
despatchofanelectronicrecordoccurswhenitentersaninformation
|
| 316 |
+
processingsystemoutsidethecontroloftheoriginatorortheagentofthe
|
| 317 |
+
originator.
|
| 318 |
+
Receiptofelectronicrecord
|
| 319 |
+
18.Thetimeofreceiptofanelectronicrecordshallbedeterminedas
|
| 320 |
+
follows
|
| 321 |
+
(a)iftheaddresseehasdesignatedaninformationsystemforthe
|
| 322 |
+
purposeofreceivingelectronicrecords,receiptoccursatthe
|
| 323 |
+
timewhentheelectronicrecordentersthedesignated
|
| 324 |
+
informationsystem;or
|
| 325 |
+
(b)iftheaddresseehasnotdesignatedaninformationsystem,
|
| 326 |
+
receiptoccurswhentheelectronicrecordentersaninformation
|
| 327 |
+
12systemoftheaddresseethroughwhichtheaddresseeretrieves
|
| 328 |
+
theelectronicrecord.
|
| 329 |
+
(2)Anelectronicrecordisdeemedtobedespatchedattheoriginator’s
|
| 330 |
+
registeredplaceofbusinessandisdeemedtobereceivedattheregistered
|
| 331 |
+
placewheretheaddresseehasitsplaceofbusinessunlessotherwiseagreedby
|
| 332 |
+
theoriginatorandtheaddressee.
|
| 333 |
+
Expressionofintentorotherstatement
|
| 334 |
+
19.Anexpressionofintentorotherelectronicrepresentationofan
|
| 335 |
+
electronicrecordbetweentheoriginatorandtheaddresseeofanelectronic
|
| 336 |
+
recordisadmissibleincircumstanceswheretheintentorotherelectronic
|
| 337 |
+
representationisrelevantinlaw.
|
| 338 |
+
Attributionofelectronicrecordstooriginator
|
| 339 |
+
20.(1)Anelectronicrecordisconsideredtobethatoftheoriginatorifit
|
| 340 |
+
wassentby
|
| 341 |
+
(a)theoriginatorpersonally;
|
| 342 |
+
(b)apersonwhohasauthoritytoactonbehalfoftheoriginatorin
|
| 343 |
+
respectofthatelectronicrecord;or
|
| 344 |
+
(c)aninformationsystemprogrammedbyoronbehalfofthe
|
| 345 |
+
originatortooperateautomatically,unlessitisprovedthatthe
|
| 346 |
+
informationsystemdidnotproperlyexecutetheprogramme.
|
| 347 |
+
(2)Anaddresseeisentitledtoregardanelectronicrecordasbeing
|
| 348 |
+
thatoftheoriginatorandtoactonthatassumption,if
|
| 349 |
+
(a)theaddresseeproperlyappliedaprocedurepreviouslyagreed
|
| 350 |
+
withtheoriginatorinordertoascertainwhethertheelectronic
|
| 351 |
+
recordwasthatoftheoriginator;or
|
| 352 |
+
(b)theelectronicrecordreceivedbytheaddresseeresultedfromthe
|
| 353 |
+
actionsofapersonwhoserelationshipwiththeoriginatoror
|
| 354 |
+
withanagentoftheoriginatorenabledthatpersontogain
|
| 355 |
+
accesstoamethodusedbytheoriginatortoidentifyan
|
| 356 |
+
electronicrecordastheoriginator’sown.
|
| 357 |
+
(3)Whereaprocedurehasnotbeenagreedbybothpartiesto
|
| 358 |
+
ascertaintheoriginator,thepersonwhoappearstobetheoriginatorshallbe
|
| 359 |
+
presumedtobetheoriginator.
|
| 360 |
+
(4)Thepresumptioninsubsection(3)doesnotapplywhere
|
| 361 |
+
13(a)theaddresseehasreceivednoticefromtheoriginatorthatthe
|
| 362 |
+
electronicrecordwasissuedwithouttheknowledgeorconsent
|
| 363 |
+
oftheoriginator;
|
| 364 |
+
(b)theaddresseekneworshouldreasonablyhaveknown,orused
|
| 365 |
+
anyagreedproceduretoknowthattheelectronicrecordwasnot
|
| 366 |
+
thatoftheoriginatorandthatthepersonwhosenttheelectronic
|
| 367 |
+
recorddidnothavetheauthorityoftheoriginatortoissueor
|
| 368 |
+
sendtheelectronicrecord;or
|
| 369 |
+
(c)theaddresseekneworshouldreasonablyhaveknown,thatthe
|
| 370 |
+
transmissionresultedinanerrorintheelectronicrecordas
|
| 371 |
+
received.
|
| 372 |
+
Acknowledgementofreceiptofelectronicrecord
|
| 373 |
+
21.(1)Anacknowledgementofreceiptmaybegiventhrough
|
| 374 |
+
(a)acommunicationbytheaddressee,whetherautomatedor
|
| 375 |
+
otherwise;or
|
| 376 |
+
(b)anyconductoftheaddresseetoindicatetotheoriginatorthat
|
| 377 |
+
theelectronicrecordhasbeenreceived.
|
| 378 |
+
(2)Anacknowledgementofreceiptisnotnecessarytogivelegal
|
| 379 |
+
effecttoamessageunlessotherwiseagreedbytheparties.
|
| 380 |
+
Formationandvalidityofagreements
|
| 381 |
+
22.Anagreementisvalidevenifitwasconcludedpartlyorinwhole
|
| 382 |
+
throughanelectronicmedium.
|
| 383 |
+
Variationbyagreementbetweenparties
|
| 384 |
+
23.Sections4to22onlyapplyifthepartiesinvolvedingenerating,
|
| 385 |
+
sending,receiving,storingorotherwiseprocessingelectronicrecordshave
|
| 386 |
+
notagreedontheissuesprovidedforbythesesections.
|
| 387 |
+
Electronicgovernmentservices
|
| 388 |
+
Acceptanceofelectronicfilingandissuingofdocuments
|
| 389 |
+
24.Apublicbodyshalltakestepsorenterintoarrangementstoensurethat
|
| 390 |
+
itsfunctionsarecarriedout,deliveredoraccessedelectronicallyoronline.
|
| 391 |
+
14Publicagencyandelectronicrecords
|
| 392 |
+
25.(1)Apublicagencythat,pursuanttoanylawacceptsthefilingof
|
| 393 |
+
documents,requiresthatdocumentsbecreatedorretained,issuesapermit,
|
| 394 |
+
licenceorapprovalorprovidesforapaymentinaccordancewithlaw,shall
|
| 395 |
+
(a)acceptthefilingofadocument,orthecreationorretentionof
|
| 396 |
+
documentsintheformofanelectronicrecord;
|
| 397 |
+
(b)issuethepermit,licenceorapprovalintheformofanelectronic
|
| 398 |
+
record;or
|
| 399 |
+
(c)makeorreceivepaymentinelectronicformorbyelectronic
|
| 400 |
+
means.
|
| 401 |
+
(2)AnypublicagencymayspecifybynoticeintheGazette:
|
| 402 |
+
(a)themannerandformatinwhichtheelectronicrecordsshallbe
|
| 403 |
+
filed,created,retainedorissued;
|
| 404 |
+
(b)thetypeofelectronicordigitalsignaturerequiredwherethe
|
| 405 |
+
electronicrecordhastobesigned;
|
| 406 |
+
(c)themannerandformatinwhichanelectronicordigital
|
| 407 |
+
signatureshallbeattachedto,incorporatedinorotherwise
|
| 408 |
+
associatedwiththeelectronicrecord;
|
| 409 |
+
(d)theidentityorcriteriarequiredofanauthenticationservice
|
| 410 |
+
providerusedbythepersonfilingtheelectronicrecordorthe
|
| 411 |
+
publicagencymaydesignateanauthenticationserviceprovider
|
| 412 |
+
asapreferredauthenticationserviceprovider;
|
| 413 |
+
(e)theappropriatecontrolprocessesandprocedurestoensure
|
| 414 |
+
adequateintegrity,securityandconfidentialityofelectronic
|
| 415 |
+
recordsorpayments;and
|
| 416 |
+
(f)anyotherrequirementsforelectronicrecordsorpayments.
|
| 417 |
+
Publicationinelectronicformat
|
| 418 |
+
26.(1)WherealawrequirespublicationintheGazettetherequirementis
|
| 419 |
+
deemedtohavebeensatisfiedifpublishedinelectronicformatreferredtoas
|
| 420 |
+
anE-Gazette.
|
| 421 |
+
(2)Thedateofpublicationisdeemedtobethedateoffirstpublication
|
| 422 |
+
intheGazette.
|
| 423 |
+
(3)Despiteanyotherenactment,theE-Gazetteshallhavethesame
|
| 424 |
+
legalforceandeffectastheprintedversionoftheGazette.
|
| 425 |
+
15(4)TheE-Gazetteshallbeadmissibleinalljudicial,quasi-judicialand
|
| 426 |
+
administrativeproceedingsasconclusiveevidenceofthecontentstherein,
|
| 427 |
+
withoutfurtherproofofauthenticity,whereitbearsavalidelectronicor
|
| 428 |
+
digitalsignatureissuedunderthisAct.
|
| 429 |
+
CertifyingAgency
|
| 430 |
+
Prohibitedacts
|
| 431 |
+
27.Apersonshallnotsellorprovideencryptionorauthenticationservice
|
| 432 |
+
contrarytotheprovisionsofthisAct.
|
| 433 |
+
Provisionofauthenticationencryptionservices
|
| 434 |
+
28.Anencryptionoranauthenticationserviceorproductisdeemedtohave
|
| 435 |
+
beenprovidedinthecountryifitismadeavailable
|
| 436 |
+
(a)frompremiseswithinthecountry;
|
| 437 |
+
(b)fromabodyincorporatedinthecountry;
|
| 438 |
+
(c)toapersonwhoispresentoroperatingfromanysysteminthe
|
| 439 |
+
countrywhenthatpersonmakesuseoftheserviceorproduct;
|
| 440 |
+
or
|
| 441 |
+
(d)fromaGhanaianassociatedorrelateddomainnameorwebsite.
|
| 442 |
+
CertifyingAgency
|
| 443 |
+
29.(1)TheNationalInformationTechnologyAgencyestablishedunder
|
| 444 |
+
NationalInformationTechnologyAgencyAct…(Act…)shallserveasthe
|
| 445 |
+
CertifyingAgencyunderthisAct.
|
| 446 |
+
(2)TheCertifyingAgencyshallmaintainawebsiteandprovide
|
| 447 |
+
informationatthewebsiteinaccordancewiththisAct.
|
| 448 |
+
FunctionsoftheCertifyingAgency
|
| 449 |
+
30.(1)ThefunctionsoftheAgencyareto:
|
| 450 |
+
(a)issuelicencesforencryptionandauthenticationservice;
|
| 451 |
+
(b)monitortheconduct,systemandoperationofencryptionand
|
| 452 |
+
authenticationserviceproviderstoensurecompliancewith
|
| 453 |
+
conditionsofthelicence,andtheprovisionsofthisAct;
|
| 454 |
+
(c)suspendalicenceofalicenceholder;
|
| 455 |
+
(d)revokealicenceofalicenceholder;and
|
| 456 |
+
(e)appoint,accreditandgazetteindependentauditingfirmsto
|
| 457 |
+
conductperiodicauditsofalicenceholdertoensure
|
| 458 |
+
16compliancewiththetermsandconditionsofanylicences
|
| 459 |
+
issuedunderthisAct.
|
| 460 |
+
(2)TheAgencyshallpublishandmaintainonitsofficialwebsitealistof
|
| 461 |
+
accreditedauditors,dulycertifiedinaccordancewiththeprovisionsofthis
|
| 462 |
+
ActandanyRegulationsmadethereunder.
|
| 463 |
+
Revocationorsuspensionoflicence
|
| 464 |
+
31.(1)TheAgencymaysuspendorrevokealicenceifitissatisfiedthat
|
| 465 |
+
theauthenticationserviceproviderhasfailedorceasedtomeetanyofthe
|
| 466 |
+
requirements,conditionsorrestrictionssubjecttowhichthelicencewas
|
| 467 |
+
grantedorrecognitionwasgiven.
|
| 468 |
+
(2)TheAgencyshallnotsuspendorrevokealicence
|
| 469 |
+
unlessithas
|
| 470 |
+
(a)notifiedthelicenceholderinwritingofitsintentiontodoso,
|
| 471 |
+
(b)givenadescriptionoftheallegedbreach,and
|
| 472 |
+
(c)affordedthelicensedholdertheopportunityto
|
| 473 |
+
(i)respondtotheallegationsinwriting,and
|
| 474 |
+
(ii)remedytheallegedbreach.
|
| 475 |
+
(3)TheAgencymaysuspendalicencewithimmediate
|
| 476 |
+
effectforaperiodnotexceedingninetydayspendingimplementation
|
| 477 |
+
oftheproceduresrequiredtoremedythebreachwherethereisthe
|
| 478 |
+
likelihoodofirreparableharmtoconsumersorthirdpartiesinvolved
|
| 479 |
+
inanelectronictransaction.
|
| 480 |
+
(4)Alicenceholdermaysurrenderthelicencetothe
|
| 481 |
+
Agencysubjecttotheprovisionsofthelicenceandthirdpartyrights.
|
| 482 |
+
(5)TheAgencyshallpublishthesuspensionorrevocation
|
| 483 |
+
ofalicenceonitswebsite.
|
| 484 |
+
Surrenderoflicence
|
| 485 |
+
32.(1)Alicenseewithasuspendedorrevokedlicenceshallsurrenderthe
|
| 486 |
+
licencetotheAgencywithintwenty-fourhoursofreceiptofnoticeofthe
|
| 487 |
+
suspensionorrevocationofitslicence.
|
| 488 |
+
(2)Wherealicenseefailstosurrenderthelicence,eachdirectorofthe
|
| 489 |
+
licenseecommitsanoffenceandisliableonsummaryconvictiontoa
|
| 490 |
+
fineofnotmorethanfivethousandpenaltyunitsforeachdaythatthe
|
| 491 |
+
licenceisnotsurrenderedortoatermofimprisonmentofnotmore
|
| 492 |
+
thantwoyearsortoboth.
|
| 493 |
+
17Recognitionofforeigncertifyingauthorities
|
| 494 |
+
33.(1)Subjecttotheconditionsandrestrictionsthatmaybespecifiedby
|
| 495 |
+
law,theAgencymay,bynotificationintheGazette,recogniseaforeignentity
|
| 496 |
+
asacertifyingagency.
|
| 497 |
+
(2)Anelectronicordigitalsignatureorcertificateissuedbya
|
| 498 |
+
foreigncertificationserviceprovidershallhavethesamelegaleffectasa
|
| 499 |
+
signatureorcertificateissuedunderthisAct,if
|
| 500 |
+
(a)theforeigncertificationserviceprovideroperatesunderaregimethat
|
| 501 |
+
providessubstantiallysimilarlevelsoftrustandreliability;or
|
| 502 |
+
(b)thecertificateisrecognisedbytheCertifyingAgencythroughmutual
|
| 503 |
+
recognitionarrangementsorapprovedinteroperabilityframeworks.
|
| 504 |
+
(3)TheMinistermay,bylegislativeinstrument,specifythecountries,regimes
|
| 505 |
+
orclassesofcertificatesdeemedtooffersubstantiallyequivalentassurance.
|
| 506 |
+
(4)Whereaforeignentityisrecognised,asacertifyingagency,serviceand
|
| 507 |
+
productsissuedbyapersonpursuanttothedirectivesofthatforeign
|
| 508 |
+
certifyingagencyarevalid.
|
| 509 |
+
(5)TheAgencybynotificationintheGazettemayrevoketherecognitionifit
|
| 510 |
+
issatisfiedthataforeigncertifyingagencyhascontravenedanyofthe
|
| 511 |
+
conditionsandrestrictionssubjecttowhichitwasgrantedrecognition.
|
| 512 |
+
(6)TheNational Information Technology Authority,asthedesignated
|
| 513 |
+
certifyingagency,shalldevelopandpublisharegulatoryframeworkforthe
|
| 514 |
+
mutualrecognitionofforeigncertifyingauthorities.
|
| 515 |
+
(7)Aforeigncertifyingauthoritythatseeksrecognitionundertheframework
|
| 516 |
+
referredtoinsubclause(4)shallcomplywith
|
| 517 |
+
(a)theinteroperabilitystandardsprescribedundertheframework;and
|
| 518 |
+
(b)applicableinternationalbestpracticesonelectroniccertification
|
| 519 |
+
Repositoryofdigitalandelectronicsignatures
|
| 520 |
+
34.(1)TheAgencyshallbetherepositoryofDigitalandElectronic
|
| 521 |
+
SignatureCertificatesissuedunderthisAct.
|
| 522 |
+
(2)TheAgencyshall
|
| 523 |
+
(a)makeuseofhardware,softwareandproceduresthataresecure
|
| 524 |
+
fromintrusionandmisuse;and
|
| 525 |
+
(b)observeotherstandardsthatmaybeprescribed,toensurethat
|
| 526 |
+
thesecrecyandsecurityofdigitalorelectronicsignaturesare
|
| 527 |
+
assured.
|
| 528 |
+
18(3)TheAgencyshallmaintainacomputeriseddatabaseofthe
|
| 529 |
+
publickeystomakethemverifiablebyamemberofthepublic.
|
| 530 |
+
Registeroflicenceholders
|
| 531 |
+
35.(1)TheAgencyshallestablishandmaintainaregisteroflicence
|
| 532 |
+
holders.
|
| 533 |
+
(2)TheAgencyshallrecordthefollowingparticularsinrespectof
|
| 534 |
+
eachlicenceholder
|
| 535 |
+
(a)thenameandaddressofthelicenceholder;
|
| 536 |
+
(b)adescriptionofthetypeofserviceorproductprovided;
|
| 537 |
+
(c)otherparticularsthatmaybeprescribedtoidentifyandlocate
|
| 538 |
+
thelicenseholderoritsproductsorservices;
|
| 539 |
+
(d)licensedencryptionandauthenticationproductsorservices
|
| 540 |
+
underthisAct;
|
| 541 |
+
(e)licensedencryptionandauthenticationproductsandservices
|
| 542 |
+
recognisedunderthisAct;
|
| 543 |
+
(f)suspendedandrevokedlicencesorrecognition;and
|
| 544 |
+
(g)anyotherinformationthatmaybeprescribedormaybedeemed
|
| 545 |
+
appropriatebytheAgency.
|
| 546 |
+
(3)TheAgencyshallprovidenoticeofthesuspensionor
|
| 547 |
+
revocationatitswebsite.
|
| 548 |
+
(4)TheAgencyshallpublishthelistoflicenceholders,revokedor
|
| 549 |
+
suspendedlicencesinelectronicandothermedia,subjecttotherulesrelating
|
| 550 |
+
toconfidentiality.
|
| 551 |
+
(5)Alicenceholdershallnotberequiredtodiscloseconfidential
|
| 552 |
+
informationortradesecretsinrespectofitsproductsorservices.
|
| 553 |
+
Restrictionsondisclosureofinformation
|
| 554 |
+
36.SubjecttotheprovisionsoftheConstitution,apersonmaydisclose
|
| 555 |
+
informationunderthisAct
|
| 556 |
+
(a)toalawenforcementagency;
|
| 557 |
+
(b)forcriminalorcivilproceedings;
|
| 558 |
+
(c)togovernmentagenciesresponsibleforsafetyandsecurityon
|
| 559 |
+
officialrequest;and
|
| 560 |
+
(d)toathirdpartyenquiryforconfirmationofalicenceor
|
| 561 |
+
representationsmadebyalicenceholder.
|
| 562 |
+
19Applicationforlicence
|
| 563 |
+
37.(1)AlicenceshallnotbeissuedorgrantedbytheAgencytoan
|
| 564 |
+
individual.
|
| 565 |
+
(2)Eachapplicationfortheissueofalicenceshallbeinthe
|
| 566 |
+
prescribedform.
|
| 567 |
+
(3)AlicenceissuedunderthisActshallnotbeassigned,
|
| 568 |
+
transferred,sub-licensed,orotherwisedisposedof,whetherwhollyorpartly,
|
| 569 |
+
toanyotherpersonorentity,exceptwiththepriorwrittenapprovalofthe
|
| 570 |
+
Agencyandsubjecttoanytermsandconditionsthatmaybeprescribed.
|
| 571 |
+
(4)Eachapplicationforalicenceshallbeaccompaniedwith,
|
| 572 |
+
(a)acertificateofincorporation,
|
| 573 |
+
(b)astatementincludingtheprocedureswithrespecttothe
|
| 574 |
+
identificationoftheapplicant.
|
| 575 |
+
(c)paymentofanon-refundableapplicationfee,and
|
| 576 |
+
(d)otherprescribeddocuments.
|
| 577 |
+
(5)TheAgencyshall,inconsideringanapplicationforalicence,take
|
| 578 |
+
intoaccountthefollowing
|
| 579 |
+
(a)thefinancialandhumanresourcesavailabletotheapplicant,
|
| 580 |
+
includingitscapitalandotherassets;
|
| 581 |
+
(b)thequality,reliability,andsecurityoftheapplicant’shardware
|
| 582 |
+
andsoftwaresystems;
|
| 583 |
+
(c)theadequacyandintegrityoftheapplicant’sproceduresfor
|
| 584 |
+
processingitsproductsorservices;
|
| 585 |
+
(d)theavailabilityofaccurateandtimelyinformationtothird
|
| 586 |
+
partiesrelyingontheauthenticationproductorservice;
|
| 587 |
+
(e)theregularityandextentofauditsconductedbyanindependent
|
| 588 |
+
body;
|
| 589 |
+
(f)thetechnicalandotherrequirementstobemetbycertificates
|
| 590 |
+
issuedbythelicenceholder;
|
| 591 |
+
(g)theproceduresandstandardsapplicabletotheissuanceof
|
| 592 |
+
certificates;
|
| 593 |
+
(h)therequirementsrelatingtocertificationpracticestatements;
|
| 594 |
+
(i)theresponsibilitiesofthecertificationserviceprovider;
|
| 595 |
+
(j)theliabilityofthecertificationserviceprovider;
|
| 596 |
+
(k)thenatureandformatofrecordstobemaintained,andthe
|
| 597 |
+
manneranddurationforwhichsuchrecordsshallbekept;
|
| 598 |
+
20(l)theproceduresgoverningcertificatesuspensionandrevocation;
|
| 599 |
+
(m)theproceduresfornotificationofcertificatesuspensionand
|
| 600 |
+
revocation;
|
| 601 |
+
(n)anyotherconditions,restrictions,orfactorsasmaybeprescribed
|
| 602 |
+
orastheAgencymayconsidernecessaryorappropriate;and
|
| 603 |
+
(o)theapplicant’scompliancewithanyminimumcapital
|
| 604 |
+
requirementprescribedbytheAgency.
|
| 605 |
+
(6)Alicenceisvalidfortheperiodandonthetermsand
|
| 606 |
+
conditionsthatmaybedeterminedbytheAgency.
|
| 607 |
+
Grantoflicence
|
| 608 |
+
38.(1)TheAgencyshallnotgrantalicenceunderthisActunlessthe
|
| 609 |
+
Agencyissatisfiedthatasecurityprocedurerelatedtoorissuedbyan
|
| 610 |
+
applicant,
|
| 611 |
+
(a)isuniquelylinkedtotheuser;
|
| 612 |
+
(b)iscapableofidentifyingthatuser;
|
| 613 |
+
(c)iscreatedusingmeansthatcanbemaintainedunderthesole
|
| 614 |
+
controlofthatuser;and
|
| 615 |
+
(d)willbelinkedtotheelectronicrecordtowhichitrelatessothat
|
| 616 |
+
anysubsequentchangeoftheelectronicrecordisdetectable.
|
| 617 |
+
(2)TheAgencymay,priortolicensinganyauthentication
|
| 618 |
+
productsorservices,stipulate
|
| 619 |
+
(a)thetechnicalandotherrequirementstobemetbycertificates
|
| 620 |
+
issuedbythelicenceholder;
|
| 621 |
+
(b)therequirementsforissuingcertificates;
|
| 622 |
+
(c)therequirementsforcertificationpracticestatements;
|
| 623 |
+
(d)theresponsibilitiesofthecertificationserviceprovider;
|
| 624 |
+
(e)theliabilityofthecertificationserviceprovider;
|
| 625 |
+
(f)therecordstobekeptandthemannerinwhichandlengthof
|
| 626 |
+
timeforwhichtheymustbekept;
|
| 627 |
+
(g)requirementsconcerningcertificatesuspensionandrevocation
|
| 628 |
+
procedures;
|
| 629 |
+
(h)requirementsastonotificationproceduresrelatingtocertificate
|
| 630 |
+
suspensionandrevocation;and
|
| 631 |
+
(i)otherconditionsorrestrictionsthattheAgencymayconsider
|
| 632 |
+
necessary.
|
| 633 |
+
21(3)Alicenceisnottransferable.
|
| 634 |
+
Displayoflicence
|
| 635 |
+
39.Alicenseeshalldisplayitslicenceconspicuouslyonthepremisesofits
|
| 636 |
+
principalplaceofbusiness.
|
| 637 |
+
Dutiesoflicensedentities
|
| 638 |
+
40.Alicenseeshall
|
| 639 |
+
(a)ensurethateachpersonemployedorengagedbyitcomplieswiththe
|
| 640 |
+
provisionsofthisAct,RegulationsmadeunderthisActandthelicence
|
| 641 |
+
conditions;
|
| 642 |
+
(b)obtainandmaintainliabilityinsurancecoverage,withaminimum
|
| 643 |
+
coverageamountofTenMillionGhanaCedis(GHS10,000,000.00),or
|
| 644 |
+
suchotheramountasmaybeprescribedbytheAgency;
|
| 645 |
+
(c)compensatesubscribersforanylossordamagearisingfrom
|
| 646 |
+
(i)theissuanceoffraudulentcertificates;or
|
| 647 |
+
(ii)thefailuretopromptlyrevokecompromisedcertificates;or
|
| 648 |
+
(iii)fromanyactoromissionofthelicenseeinbreachofitsobligations
|
| 649 |
+
underthisActoranyRegulationsmadeundertheAct.
|
| 650 |
+
Renewaloflicence
|
| 651 |
+
41.Anapplicationforrenewalofalicenceshallbe
|
| 652 |
+
(a)intheformprescribedbytheAgency,and
|
| 653 |
+
(b)accompaniedwiththefeesprescribedandshallbepaidinfull
|
| 654 |
+
beforetheissueofalicence.
|
| 655 |
+
Procedureforgrantorrejectionofrenewaloflicence
|
| 656 |
+
42.(1)TheAgencymaygrantorrejecttheapplicationfortherenewalafter
|
| 657 |
+
consideringthedocumentsaccompanyingtheapplicationforrenewaland
|
| 658 |
+
otherfactorsconsiderednecessary.
|
| 659 |
+
(2)TheAgencyshallprovidereasonsfortherejectionofthe
|
| 660 |
+
applicationinwritingtotheapplicant.
|
| 661 |
+
Notificationofadverseevent
|
| 662 |
+
43.(1)TheAgencyshall
|
| 663 |
+
(a)usereasonableeffortstonotifyanypersonwhoislikelytobe
|
| 664 |
+
affectedbytheoccurrenceofanadverseevent;or
|
| 665 |
+
22(b)dealwiththeeventorsituationinaccordancewiththe
|
| 666 |
+
procedurespecifiedinitscertificationpracticestatement
|
| 667 |
+
whereintheopinionoftheAgencyaneventhasoccurredorasituationhas
|
| 668 |
+
arisenwhichmaymateriallyandadverselyaffecttheintegrityofitscomputer
|
| 669 |
+
systemortheconditionssubjecttowhichalicencewasgranted.
|
| 670 |
+
(2)Alicenseeorcertifyingauthorityshall,withintwenty-fourhoursofthe
|
| 671 |
+
occurrenceordiscoveryofabreachorsuspectedbreachaffectingthesecurity
|
| 672 |
+
orintegrityofitssystemsorservices,submititsIncidentResponsePlantothe
|
| 673 |
+
AgencyintheformandmannerprescribedbytheAgency.
|
| 674 |
+
Procedurestobefollowedbylicensedperson
|
| 675 |
+
44.Alicensedpersonshall
|
| 676 |
+
(a)makeuseofhardware,softwareandproceduresthataresecure
|
| 677 |
+
fromintrusionandmisuse;
|
| 678 |
+
(b)providesuchlevelofreliabilityinitsserviceswhichare
|
| 679 |
+
reasonablysuitedtotheperformanceoftheintendedfunctions;
|
| 680 |
+
(c)adheretosecurityprocedurestoensurethatthesecrecyand
|
| 681 |
+
privacyoftheproductorserviceareassured;and
|
| 682 |
+
(d)adheretosuchsecurityproceduresandobservesuchother
|
| 683 |
+
standardsasmaybeprescribed.
|
| 684 |
+
Consumerprotection
|
| 685 |
+
Scopeofapplication
|
| 686 |
+
45.Sections46to53applyonlytoelectronictransactions.
|
| 687 |
+
Informationtobeprovided
|
| 688 |
+
46.(1)Asupplierofferinggoodsorservicesforsale,hireorexchangeinan
|
| 689 |
+
electronictransactionshallmakeavailabletotheconsumerontheelectronic
|
| 690 |
+
platformwherethegoodsorservicesareofferedthefollowinginformation
|
| 691 |
+
relatedtothesupplier
|
| 692 |
+
(a)fullnameandlegalstatus;
|
| 693 |
+
(b)physicaladdressandtelephonenumber;
|
| 694 |
+
(c)websiteaddressande-mailaddress;
|
| 695 |
+
(d)membershipofanyself-regulatoryorrelatedbodiesandthe
|
| 696 |
+
contactdetailsofthebody;
|
| 697 |
+
23(e)acodeofconducttowhichthatsuppliersubscribesandhow
|
| 698 |
+
thatcodeofconductmaybeaccessedelectronicallybythe
|
| 699 |
+
consumer;
|
| 700 |
+
(f)theregistrationnumber,thenamesofofficebearersandthe
|
| 701 |
+
placeofregistrationofthesupplierasalegalperson;
|
| 702 |
+
(g)sufficientdescriptionofthemaincharacteristicsofthegoodsor
|
| 703 |
+
servicesofferedbythatsuppliertoenableaconsumertomake
|
| 704 |
+
aninformeddecisionontheproposedelectronictransaction;
|
| 705 |
+
(h)thefullpriceofthegoodsorservices,includingtransportcosts,
|
| 706 |
+
taxesandanyotherfeesorcosts;
|
| 707 |
+
(i)themannerofpayment;
|
| 708 |
+
(j)termsofagreementincludingguaranteesthatwillapplytothe
|
| 709 |
+
transactionandhowthesetermsmaybeaccessed,storedand
|
| 710 |
+
reproducedelectronicallybyconsumers;
|
| 711 |
+
(k)thetimewithinwhichthegoodswillbedespatchedor
|
| 712 |
+
deliveredorwithinwhichtheserviceswillberendered;
|
| 713 |
+
(l)themannerandperiodwithinwhichconsumerscanaccessand
|
| 714 |
+
maintainafullrecordofthetransaction;
|
| 715 |
+
(m)thereturn,exchangeandrefundpolicy;
|
| 716 |
+
(n)thealternativedisputeresolutioncodetowhichthatsupplier
|
| 717 |
+
subscribesandaccesstothecodebytheconsumer;
|
| 718 |
+
(o)thesecurityproceduresandprivacypolicyofthatsupplieras
|
| 719 |
+
regardspayment,paymentinformationandpersonal
|
| 720 |
+
information;
|
| 721 |
+
(p)theminimumdurationoftheagreementinthecaseof
|
| 722 |
+
agreementsforthesupplyofproductsorservicestobe
|
| 723 |
+
performedonanongoingbasisorrecurrentlywhere
|
| 724 |
+
appropriate;and(q)therightsofconsumersasprovidedforin
|
| 725 |
+
thissection.
|
| 726 |
+
(2)Thesuppliershallprovideaconsumerwithanopportunityto
|
| 727 |
+
(a)read,storeandreproducethecontracttermsandgeneral
|
| 728 |
+
conditions;
|
| 729 |
+
(b)identifyandcorrecthandlingerrors;and
|
| 730 |
+
(c)withdrawfromthetransactionbeforeconcludingacontract.
|
| 731 |
+
24(3)Ifasupplierfailstocomplywiththeprovisionsofthissection,
|
| 732 |
+
theconsumermaycancelthecontractwithinfourteendaysofreceiptofthe
|
| 733 |
+
goodsorservicesunderthetransaction.
|
| 734 |
+
(4)Ifatransactioniscancelledasaresultofthefailureofthe
|
| 735 |
+
suppliertocomplywiththeprovisionsofthissection
|
| 736 |
+
(a)theconsumershallreturnthegoodsreceived,orwhere
|
| 737 |
+
applicable,ceaseusingtheservicesperformed;and
|
| 738 |
+
(b)thesuppliershallrefundpaymentsmadebytheconsumer
|
| 739 |
+
withinthirtydays.
|
| 740 |
+
(5)Thesuppliershallutiliseapaymentsystemthatissufficiently
|
| 741 |
+
securewithreferencetoacceptedtechnologicalstandardsatthetimeofthe
|
| 742 |
+
transactionandthetypeoftransactionconcerned.
|
| 743 |
+
(6)Thesupplierisliablefordamagesufferedbyaconsumerdue
|
| 744 |
+
tofailurebythesuppliertoapplyasecurepaymentsystem.
|
| 745 |
+
Performance
|
| 746 |
+
47.(1)Thesuppliershallexecutetheorderwithinfourteendaysafterthe
|
| 747 |
+
dayonwhichthesupplierreceivestheorder,unlessthepartieshaveagreed
|
| 748 |
+
otherwise.
|
| 749 |
+
(2)Whereasupplierfailstoexecutetheorderwithinthefourteen
|
| 750 |
+
daysorwithintheagreedperiod,thecontractisvoidable.
|
| 751 |
+
(3)Ifasupplierisunabletoperformonthegroundsthatthegoods
|
| 752 |
+
orservicesorderedareunavailable,thesuppliershallimmediatelynotifythe
|
| 753 |
+
consumerofthisfactandrefundanypaymentwithinsevendaysafterthedate
|
| 754 |
+
ofnotification.
|
| 755 |
+
Graceperiod
|
| 756 |
+
48.(1)Aconsumerisentitledtocancelatransactionandanyrelatedcredit
|
| 757 |
+
agreementforthesupply
|
| 758 |
+
(a)ofgoodswithinfourteendaysafterthedateofthereceiptofthe
|
| 759 |
+
goods;or
|
| 760 |
+
(b)ofserviceswithinsevendaysafterthedateoftheconclusionof
|
| 761 |
+
theagreement,
|
| 762 |
+
withoutreasonandwithoutpenalty.
|
| 763 |
+
(2)Theonlychargethatmaybeleviedontheconsumeristhe
|
| 764 |
+
directcostofreturningthegoods.
|
| 765 |
+
25(3)Thissectionshallnotbeconstruedtolimittherightsofa
|
| 766 |
+
consumerprovidedforinanyotherlaw.
|
| 767 |
+
(4)Thissectiondoesnotapplytoanelectronictransaction
|
| 768 |
+
(a)forfinancialservices,includingbutnotlimitedto,investment
|
| 769 |
+
services,insuranceandreinsuranceoperations,bankingservices
|
| 770 |
+
andoperationsrelatingtodealingsinsecurities;
|
| 771 |
+
(b)bywayofanauction;
|
| 772 |
+
(c)forthesupplyoffoodstuffs,beveragesorothergoodsintended
|
| 773 |
+
foreverydayconsumptionsuppliedtothehome,residenceor
|
| 774 |
+
workplaceoftheconsumer;
|
| 775 |
+
(d)forserviceswhichbeganwiththeconsumer’sconsentbefore
|
| 776 |
+
theendoftheseven-daygraceperiod;
|
| 777 |
+
(e)wherethepriceforthesupplyofgoodsorservicesisdependent
|
| 778 |
+
onfluctuationsinthefinancialmarketsandwhichcannotbe
|
| 779 |
+
controlledbythesupplier;
|
| 780 |
+
(f)wherethegoods
|
| 781 |
+
(i)aremadetotheconsumer’sspecification,
|
| 782 |
+
(ii)byreasonoftheirnaturecannotbereturned,or
|
| 783 |
+
(iii)areperishable;
|
| 784 |
+
(g)whereaudioorvideorecordingsorcomputersoftwarewere
|
| 785 |
+
unsealedbytheconsumer;
|
| 786 |
+
(h)forthesaleofnewspapers,periodicals,magazinesandbooks;
|
| 787 |
+
(i)fortheprovisionofgamingandlotteryservices;or
|
| 788 |
+
(j)fortheprovisionofaccommodation,transport,cateringor
|
| 789 |
+
leisureserviceswherethesupplierhascommencedthe
|
| 790 |
+
provisionoftheseservicesonaspecificdateorwithinaspecific
|
| 791 |
+
period.
|
| 792 |
+
Unsolicitedgoods,servicesorcommunications
|
| 793 |
+
49.(1)Exceptinthecaseofanoticesentbyanelectroniccommunications
|
| 794 |
+
providertoacustomerinrelationtotheservice,apersonshallnotsend
|
| 795 |
+
unsolicitedelectroniccommunicationstoaconsumerwithoutobtainingthe
|
| 796 |
+
priorconsentoftheconsumer.
|
| 797 |
+
(2)Apersonwhosendselectroniccommercialcommunicationto
|
| 798 |
+
aconsumershallprovidetheconsumer
|
| 799 |
+
26(a)withtheoptiontocancelthesubscriptiontothemailinglistof
|
| 800 |
+
thatperson,and
|
| 801 |
+
(b)withtheidentifyingparticularsofthesourcefromwhichthat
|
| 802 |
+
personobtainedtheconsumer’spersonalinformationatthe
|
| 803 |
+
requestoftheconsumer.
|
| 804 |
+
(3)Anagreementshallnotbedeemedtohavebeenconcluded
|
| 805 |
+
whereaconsumerfailstorespondtoanunsolicitedcommunication;andthe
|
| 806 |
+
consumerisentitledtorecoverthecostsassociatedwiththecancellationof
|
| 807 |
+
unsolicitedcommunication.
|
| 808 |
+
(4)Apersonwhocontravenessubsection(1)commitsanoffence
|
| 809 |
+
andisliableonsummaryconvictiontoafineofnotmorethanfivethousand
|
| 810 |
+
penaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth.
|
| 811 |
+
(5)Apersonwhosendsunsolicitedcommercialcommunications
|
| 812 |
+
toanotherpersonorwhocontinuestosendunsolicitedcommercial
|
| 813 |
+
communicationsaftercancellationofthesubscriptioncommitsanoffenceand
|
| 814 |
+
isliableonsummaryconvictiontoafineofnotmorethanfivethousand
|
| 815 |
+
penaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth.
|
| 816 |
+
Liabilityformisuseofelectronicpaymentmedium
|
| 817 |
+
50.(1)Aholderofanelectronicpaymentmediumshallnot,unlessacting
|
| 818 |
+
incollusionwithanotherperson,beliabletotheissuerforlossarisingfrom
|
| 819 |
+
useofthemediumbyapersonwhoisnotactingorbeingtreatedasactingas
|
| 820 |
+
theagentoftheholder.
|
| 821 |
+
(2)Subsection(1)doesnotprevent
|
| 822 |
+
(a)theholderoftheelectronicpaymentmediumfrombeingmade
|
| 823 |
+
liableforlosstotheissuerarisingfromuseofthemediumby
|
| 824 |
+
anotherpersonduringaperiodbeginningwhenthemedium
|
| 825 |
+
ceasestobeinthepossessionofanauthorisedpersonand
|
| 826 |
+
endingwhenthemediumisoncemoreinthepossessionofan
|
| 827 |
+
authorisedperson;or
|
| 828 |
+
(b)theholderfrombeingmadeliabletoanyextentforlosstothe
|
| 829 |
+
issuerfromuseofthemediumbyapersonwhoacquired
|
| 830 |
+
possessionofitwiththeholder’sconsent.
|
| 831 |
+
(3)Subsections(2)doesnotapplytotheuseoftheelectronic
|
| 832 |
+
paymentmediumaftertheissuerhasbeengivennoticeoflossanddoesnot
|
| 833 |
+
27applyunlesstheissuerprovidestheholderwithparticularsofthename,
|
| 834 |
+
addressandtelephonenumberofapersonstatedtobethepersontowhom
|
| 835 |
+
noticeistobegiven.
|
| 836 |
+
(4)Thenoticetakeseffectwhenreceived,butwhereitisgiven
|
| 837 |
+
orally,shallbeconfirmedinwritingwithinfourteencleardays.
|
| 838 |
+
(5)Asumpaidbytheholderfortheissueoftheelectronic
|
| 839 |
+
paymentmediumistreatedaspaidtowardssatisfactionofliabilityunderthis
|
| 840 |
+
sectiontotheextentthatithasnotbeenpreviouslyoffsetbyusemadeofthe
|
| 841 |
+
medium.
|
| 842 |
+
(6)Theholderorapersonauthorisedbytheholdertousethe
|
| 843 |
+
electronicpaymentmediumisanauthorisedpersonforthepurposeof
|
| 844 |
+
subsection(2).
|
| 845 |
+
Electronicpaymentmediumlistsprohibited
|
| 846 |
+
51.(1)Afinancialinstitutionshallnot
|
| 847 |
+
(a) makeavailable;
|
| 848 |
+
(b) lend;or
|
| 849 |
+
(c) sellanylistorportionofalistofholdersofan
|
| 850 |
+
electronicpaymentmediumandtheiraddressesandaccount
|
| 851 |
+
numberstoanypersonwithoutthepriorwrittenconsentofthe
|
| 852 |
+
holdersexceptbyorderofaCourt.
|
| 853 |
+
(2)Afinancialinstitutionmaymakeavailabletoanotherfinancial
|
| 854 |
+
institutioninformationaboutanelectronicpaymentmediumholder’scredit
|
| 855 |
+
ratingwithouttheholder’spriorwrittenconsentifwrittennoticeofthe
|
| 856 |
+
disclosureisgiventotheholderwithinsevendayssubjecttoanylaw
|
| 857 |
+
regulatingcreditratinginstitutions.
|
| 858 |
+
(3)Afinancialinstitutionwhichcontravenessubsection(1)
|
| 859 |
+
commitsanoffenceandeachdirectorandofficeroftheinstitutionwhofails
|
| 860 |
+
toensurecompliancewiththisActisliableonsummaryconvictiontoafine
|
| 861 |
+
ofnotmorethantwothousandfivehundredpenaltyunitsorimprisonmentfor
|
| 862 |
+
atermofnotmorethanfiveyearsortoboth.
|
| 863 |
+
Applicabilityofforeignlaw
|
| 864 |
+
52.Despiteaprovisionofanagreementtothecontrary,thesupplyofgoods
|
| 865 |
+
pursuanttoacontracttoconsumersinthiscountryissubjecttotheprovisions
|
| 866 |
+
ofthisAct.
|
| 867 |
+
28Non-exclusion
|
| 868 |
+
53.Aprovisioninanagreementwhichexcludesconsumerrightsprovided
|
| 869 |
+
forinthisActisvoid.
|
| 870 |
+
Protectedcomputersandcriticaldatabase
|
| 871 |
+
Protectedcomputer
|
| 872 |
+
54.(1)TheMinistermaydeclarethatacomputer,computersystemor
|
| 873 |
+
computernetworkisaprotectedsystembynotificationintheGazette.
|
| 874 |
+
(2)TheMinistermayauthoriseaccesstoaprotectedsystembyor
|
| 875 |
+
inwriting.
|
| 876 |
+
(3)UntiltheMinisterbyGazettepublicationdeclaresacomputer,
|
| 877 |
+
computersystemorcomputernetworktobeaprotectedsystem,the
|
| 878 |
+
computer,computersystemorcomputernetworkshallbetreatedasa
|
| 879 |
+
“protectedcomputer”ifthecomputer,programorelectronicrecordisused
|
| 880 |
+
directlyinconnectionwithorfor
|
| 881 |
+
(a)thesecurity,defenceorinternationalrelationsofthecountry;
|
| 882 |
+
(b)theexistenceoridentityofaconfidentialsourceofinformation
|
| 883 |
+
relatedtotheenforcementofcriminallaw;
|
| 884 |
+
(c)theprovisionofservicesdirectlyrelatedtocommunications
|
| 885 |
+
infrastructure,bankingandfinancialservices,publicutilities,
|
| 886 |
+
publictransportationorpublickeyinfrastructure;
|
| 887 |
+
(d)theprotectionofpublicsafetyandpublichealth,including
|
| 888 |
+
systemsrelatedtoessentialemergencyservices;
|
| 889 |
+
(e)foreigncommerceorcommunicationaffectingacitizenof
|
| 890 |
+
GhanaorbusinessinwhichacitizenofGhanaorthe
|
| 891 |
+
Governmenthasaninterest;or
|
| 892 |
+
(f)thelegislative,executiveorjudicialservice,thepublicservices
|
| 893 |
+
andsecurityagencies.
|
| 894 |
+
(4)Apersonwhosecuresaccessorattemptstosecureaccesstoa
|
| 895 |
+
protectedsystemincontraventionoftheprovisionsofthissectioncommitsan
|
| 896 |
+
offenceandisliableonsummaryconvictiontoafineofnotmorethanfive
|
| 897 |
+
thousandpenaltyunitsorimprisonmentforatermofnotmorethantenyears
|
| 898 |
+
ortoboth.
|
| 899 |
+
29Identificationofcriticalelectronicrecordandcriticaldatabases
|
| 900 |
+
55.TheMinistermaybynoticeintheGazette
|
| 901 |
+
(a)declarecertainclassesofinformationwhichareofimportance
|
| 902 |
+
totheprotectionofthenationalsecurityoftheRepublicorthe
|
| 903 |
+
economicandsocialwell-beingofitscitizenstobecritical
|
| 904 |
+
electronicrecordsforthepurposeofthisAct;and
|
| 905 |
+
(b)establishaproceduretobefollowedintheidentificationof
|
| 906 |
+
criticaldatabasesforthepurposesofthisAct.
|
| 907 |
+
Scopeofcriticaldatabaseprotection
|
| 908 |
+
56.TheMinistermaydeclarecertainclassesofinformationrelatingto
|
| 909 |
+
nationalsecurityortheeconomicorsocialwellbeingofthepublictobe
|
| 910 |
+
criticalelectronicrecordforthepurposesofsections56to60.
|
| 911 |
+
Registrationofcriticaldatabases
|
| 912 |
+
57.(1)TheMinistermaybynoticeintheGazettedetermine
|
| 913 |
+
(a)requirementsfortheregistrationofacriticaldatabase;
|
| 914 |
+
(b)proceduresfortheregistrationofacriticaldatabase;and
|
| 915 |
+
(c)anyothermatterrelatingtoregistration.
|
| 916 |
+
(2)Registrationofacriticaldatabasemeansrecordingthefollowing
|
| 917 |
+
information
|
| 918 |
+
(a)thefullname,addressandcontactdetailsofthecriticaldatabase
|
| 919 |
+
administrator;
|
| 920 |
+
(b)thelocationofthecriticaldatabase,includingthelocationsof
|
| 921 |
+
thecomponentpartswhereacriticaldatabaseisnotstoredata
|
| 922 |
+
singlelocation;and
|
| 923 |
+
(c)ageneraldescriptionofthecategoriesortypesofinformation
|
| 924 |
+
storedinthecriticaldatabase.
|
| 925 |
+
Managementofcriticaldatabases
|
| 926 |
+
58.(1)TheMinistershallprescribeminimumstandardsforprohibitionsin
|
| 927 |
+
respectof
|
| 928 |
+
(a)thegeneralmanagementofacriticaldatabase;
|
| 929 |
+
(b)accessto,transferandcontrolofacriticaldatabase;
|
| 930 |
+
(c)infrastructuralorproceduralrulesandrequirementstosecure
|
| 931 |
+
theintegrityandauthenticityofacriticalelectronicrecord;
|
| 932 |
+
(d)proceduresandtechnologicalmethodstobeusedinthestorage
|
| 933 |
+
orarchivingofacriticaldatabase;
|
| 934 |
+
30(e)accidentrecoveryplansintheeventoflossofcriticaldatabases
|
| 935 |
+
orpartsofthedatabase;
|
| 936 |
+
(f)thesecurityofthedatabases;
|
| 937 |
+
(g)thephysicalsafetyofapersonincontrolofthecriticaldatabase;
|
| 938 |
+
and
|
| 939 |
+
(h)anyothermatterrequiredfortheadequateprotection,
|
| 940 |
+
managementandcontrolofacriticaldatabase.
|
| 941 |
+
(2)ThisActshallnotbeconstruedtolimittherightofapublicbodyto
|
| 942 |
+
performanauthorisedfunctionintermsofanyotherlaw.
|
| 943 |
+
Restrictionsondisclosureofinformation
|
| 944 |
+
59.(1)Informationcontainedintheregisterofacriticaldatabaseshallnot
|
| 945 |
+
bedisclosedtoanotherpersonotherthantoemployeesoftheAgencywhoare
|
| 946 |
+
responsibleforthekeepingoftheregister.
|
| 947 |
+
(2)TheAgencyisatlibertytodiscloseinformationto
|
| 948 |
+
(a)alawenforcementagency;and
|
| 949 |
+
(b)aMinistry,DepartmentorAgency.
|
| 950 |
+
(3)NothinginthislawshallprecludetheAgencyfrompleadingin
|
| 951 |
+
proceedingsrelatingtoinformationheldinitscustodyorrecordsthat
|
| 952 |
+
productionordisclosureofamattermaybeprejudicialtothesecurityof
|
| 953 |
+
theStateorinjurioustothepublicinterestinaccordancewitharticle135
|
| 954 |
+
ofConstitution.
|
| 955 |
+
Audits
|
| 956 |
+
60.(1)TheMinistermaydirectthatauditsbeconductedbythecritical
|
| 957 |
+
databaseadministratortoassesscompliancewiththeprovisionsofthisAct.
|
| 958 |
+
(2)Forthepurposesofsubsection(1),theNationalInformation
|
| 959 |
+
TechnologyAuthorityshallactasthecriticalelectronicrecordsanddatabase
|
| 960 |
+
administratorresponsibleforoverseeingICTinfrastructureoftheRepublic.
|
| 961 |
+
Non-compliancewithAct
|
| 962 |
+
61.(1)TheMinisteronreceiptoftheauditreportshallconsider,
|
| 963 |
+
(a)anyactionrecommendedtoremedythenon-compliance;and
|
| 964 |
+
(b)theperiodwithinwhichtheremedialactionshallbeperformed.
|
| 965 |
+
(2)TheMinistershallreporttherecommendationtotheNational
|
| 966 |
+
SecurityCouncilandtheCouncilmaytakeactionorgivedirectionsthatit
|
| 967 |
+
considersnecessaryfortheprotectionofnationalsecurity.
|
| 968 |
+
31(3)TheNational Information Technology Authorityshalladvise
|
| 969 |
+
theMinisteronmattersrelatingtotheauditoftheICTinfrastructureofthe
|
| 970 |
+
Republic.
|
| 971 |
+
AppealTribunal
|
| 972 |
+
EstablishmentoftheInformationCommunicationTechnologyTribunal
|
| 973 |
+
62.(1)ThereisestablishedbythisActanappealtribunal,knownasthe
|
| 974 |
+
InformationCommunicationTechnologyTribunalreferredtointhisActas
|
| 975 |
+
“theTribunal”.
|
| 976 |
+
(2)TheTribunalshallbeconvenedonanadhocbasistoconsideran
|
| 977 |
+
appeal
|
| 978 |
+
(a)againstadecisionorordermadebytheAgency;
|
| 979 |
+
(b)onaparticularmatterunderalicence.
|
| 980 |
+
CompositionoftheTribunal
|
| 981 |
+
63.(1)TheTribunalconsistsof
|
| 982 |
+
(a)achairpersonwhoiseitheraretiredJusticeoftheSuperior
|
| 983 |
+
Courtoralawyerofatleastfifteenyearsstandingwhohas
|
| 984 |
+
experienceinelectroniccommunicationlaw,policyand
|
| 985 |
+
regulatorymattersorarbitration,and
|
| 986 |
+
(b)twoothermemberswithknowledgeoforexperienceinthe
|
| 987 |
+
informationcommunicationtechnologyrelatedmatters,industry,
|
| 988 |
+
electronicengineering,law,economics,businessorpublic
|
| 989 |
+
administration.
|
| 990 |
+
(2)ThemembersoftheTribunalshallbeappointedbythe
|
| 991 |
+
Minister.
|
| 992 |
+
(3)TheMinistershallalsoappointaRegistrarforthe
|
| 993 |
+
TribunalforthesmoothoperationsoftheTribunal.
|
| 994 |
+
(4)TheRegistrarandotherstaffareemployeesofthe
|
| 995 |
+
Agency.
|
| 996 |
+
(5)TheexpensesoftheTribunalshallbepaidoutof
|
| 997 |
+
incomederivedbytheAgencyandshallbepartoftheannual
|
| 998 |
+
budgetoftheAgency.
|
| 999 |
+
RulesofProcedureofTribunal
|
| 1000 |
+
64.TheBoardshall,proposerulesofprocedurefortheTribunal.
|
| 1001 |
+
32AppealsagainstdecisionsoftheAgency
|
| 1002 |
+
65.(1)ApersonaffectedbyadecisionoftheAgencymayappealagainst
|
| 1003 |
+
thedecisionbynoticeofappealtotheTribunalinaccordancewiththerules
|
| 1004 |
+
ofprocedureoftheTribunal.
|
| 1005 |
+
(2)Thenoticeofappealshallbesentwithintwenty-eightdays
|
| 1006 |
+
afterthedatethedecisionisannouncedorthedateofreceiptofthedecision
|
| 1007 |
+
thatisbeingappealedagainst.
|
| 1008 |
+
(3)Thenoticeofappealshallsetout
|
| 1009 |
+
(a)thedecisionappealedagainst;
|
| 1010 |
+
(b)theprovisionunderwhichthedecisionappealedagainstwas
|
| 1011 |
+
taken;and
|
| 1012 |
+
(c)thegroundsofappeal.
|
| 1013 |
+
(4)Afterthereceiptofanoticeofappeal,theTribunalshallbe
|
| 1014 |
+
convenedwithinonemonthtoconsidertheappeal.
|
| 1015 |
+
DecisionofTribunal
|
| 1016 |
+
66.(1)TheTribunal,afterhearingtheappeal,may
|
| 1017 |
+
(a)quashthedecision;
|
| 1018 |
+
(b)allowtheappealinwholeorinpart;
|
| 1019 |
+
(c)varythedecisionoftheAgencyinanymannerandsubjectto
|
| 1020 |
+
anyconditionsorlimitationsitthinksfitbutshallnotimpose
|
| 1021 |
+
anyconditionorrequirementbeyondthepowersoftheAgency
|
| 1022 |
+
undertheAct;or
|
| 1023 |
+
(d)dismisstheappealandconfirmthedecisionoftheAgency.
|
| 1024 |
+
(2)TheTribunalmaytakeintoaccountasubmissionfiledbyany
|
| 1025 |
+
personinreachingadecisiononanappealbroughtbeforeit.
|
| 1026 |
+
(3)AdecisionoftheTribunalshallhavethesameeffectasa
|
| 1027 |
+
judgmentoftheHighCourt.
|
| 1028 |
+
AppealsagainstthedecisionsoftheTribunal
|
| 1029 |
+
67.(1)AdecisionoftheTribunalmaybethesubjectofanappeal.
|
| 1030 |
+
(2)Anappealunderthissection
|
| 1031 |
+
(a)liestotheCourtofAppeal;
|
| 1032 |
+
(b)shallrelateonlytoapointoflawarisingfromthedecisionof
|
| 1033 |
+
theTribunal;and
|
| 1034 |
+
(c)maybebroughtonlybyapartytotheproceedingsbeforethe
|
| 1035 |
+
Tribunal.
|
| 1036 |
+
33(3)TheappealshallbefiledintheCourtofAppealninetydays
|
| 1037 |
+
afterthedecisionoftheTribunalandthereshallbenoextensionoftime.
|
| 1038 |
+
IndustryForum
|
| 1039 |
+
EstablishmentofIndustryForum
|
| 1040 |
+
68.(1)ThereisherebyestablishedanIndustryForumwhichshallbea
|
| 1041 |
+
platformtobringtheindustrytogetherfromtimetotimetodiscussmatters
|
| 1042 |
+
ofcommoninterestthatrelatetotheindustry.
|
| 1043 |
+
(2)TheAgencymaydesignateanindustrybodytobetheForum
|
| 1044 |
+
bynotifyingthatbodyinwritingiftheAgencyissatisfiedthat
|
| 1045 |
+
(a)themembershipofthebodyisopentotherelevantpartiesand
|
| 1046 |
+
isfullyrepresentativeoftheindustry;
|
| 1047 |
+
(b)thebodyiscapableofperformingasrequiredundertherelevant
|
| 1048 |
+
provisionsofthisAct;and
|
| 1049 |
+
(c)thebodyhastheadministrativecapacitytoservicetheForum.
|
| 1050 |
+
(3)ThebodyshallagreeinwritingtobetheForum,beforebeing
|
| 1051 |
+
designatedbytheAgency.
|
| 1052 |
+
(4)Despitethedesignation,eachlicensedentityundertheActis
|
| 1053 |
+
deemedtobeamemberoftheForum.
|
| 1054 |
+
(5)TheAgencymaydecidethatanexistingindustrybodythat
|
| 1055 |
+
waspreviouslydesignatedundersubsection(2)tobeanIndustryForumisno
|
| 1056 |
+
longeranIndustryForumifsatisfiedthatthebodydoesnotmeetthe
|
| 1057 |
+
requirementsofthissectionanylonger.
|
| 1058 |
+
(6)Adesignationorwithdrawalofdesignationunderthissection
|
| 1059 |
+
takeseffectfromthedatespecifiedbytheAgency.
|
| 1060 |
+
(7)UntiltheAgencydesignatesabody,theAgencyhasthe
|
| 1061 |
+
obligationtofacilitatethemeetingoftheindustrytoperformthefunctionsof
|
| 1062 |
+
theForum.
|
| 1063 |
+
(8)TheMinistryandtheAgencyshallparticipateintheForumas
|
| 1064 |
+
observers.
|
| 1065 |
+
Industrycode
|
| 1066 |
+
69.(1)TheForummayprepareavoluntaryindustrycodetodealwitha
|
| 1067 |
+
matterprovidedforinthisAct
|
| 1068 |
+
(a)onitsowninitiative;or
|
| 1069 |
+
34(b)attherequestoftheAgency.
|
| 1070 |
+
(2)Thecodeshallnotbeeffectiveuntilitisregisteredbythe
|
| 1071 |
+
Agency.
|
| 1072 |
+
(3)TheAgencyshallregisteravoluntaryindustrycodeifitis
|
| 1073 |
+
consistentwith
|
| 1074 |
+
(a)theobjectsofthisAct;
|
| 1075 |
+
(b)regulations,standardsorguidelinesmadeunderthisAct;and
|
| 1076 |
+
(c)provisionsofthisActwhicharerelevanttotheparticularmatter
|
| 1077 |
+
oractivity.
|
| 1078 |
+
(4)TheAgencymayrefusetoregisterthecode,iftheAgencyis
|
| 1079 |
+
notsatisfiedthattherehasbeensufficientopportunityforpublicconsultation
|
| 1080 |
+
inthedevelopmentofthecodebytheForum.
|
| 1081 |
+
(5)TheAgencyshallnotifytheForuminwritingandprovidethe
|
| 1082 |
+
reasonsfortherefusaltoregisterthecodewithinthirtydaysaftertherefusal.
|
| 1083 |
+
(6)WheretheAgencydoesnotregisterorrefusestoregistera
|
| 1084 |
+
voluntaryindustrycodewithinaperiodofthirtydaysafterthedatethatthe
|
| 1085 |
+
voluntaryindustrycodewassubmittedforregistration,theAgencyisdeemed
|
| 1086 |
+
tohaverefusedtheregistrationofthevoluntaryindustrycodeunlessthe
|
| 1087 |
+
IndustryForumreceivesawrittennoticeofregistrationofthevoluntary
|
| 1088 |
+
industrycodeafterthatperiod.
|
| 1089 |
+
Liabilityofserviceprovidersandintermediaries
|
| 1090 |
+
Mereconduit
|
| 1091 |
+
70.(1)Anintermediaryorserviceproviderisnotliableforproviding
|
| 1092 |
+
accesstoorforoperatingfacilitiesforinformationsystemsortransmitting,
|
| 1093 |
+
routingorstorageofelectronicrecordsthroughaninformationsystemunder
|
| 1094 |
+
itscontrol,aslongastheintermediaryorserviceprovider
|
| 1095 |
+
(a)doesnotinitiatethetransmission;
|
| 1096 |
+
(b)doesnotselecttheaddressee;
|
| 1097 |
+
(c)performsthefunctionsinanautomatic,technicalmanner
|
| 1098 |
+
withoutselectionoftheelectronicrecord;and
|
| 1099 |
+
(d)doesnotmodifytheelectronicrecordcontainedinthe
|
| 1100 |
+
transmission.
|
| 1101 |
+
35(2)Theactsoftransmission,routingandprovisionofaccessinclude
|
| 1102 |
+
theautomatic,intermediateandtransientstorageoftheinformation
|
| 1103 |
+
transmittedinsofarasthistakesplace
|
| 1104 |
+
(a)forthesolepurposeofcarryingoutthetransmissioninthe
|
| 1105 |
+
informationsystem;
|
| 1106 |
+
(b)inamannerthatmakesitordinarilyinaccessibletoanyone
|
| 1107 |
+
otherthanananticipatedrecipient;and
|
| 1108 |
+
(c)foraperiodnolongerthanisreasonablynecessaryforthe
|
| 1109 |
+
transmission.
|
| 1110 |
+
Electronicrecordtransmission
|
| 1111 |
+
71.Anintermediaryorserviceproviderwhotransmitsanelectronicrecord
|
| 1112 |
+
providedbyarecipientoftheservicethroughaninformationsystemunderits
|
| 1113 |
+
controlisnotliablefortheautomatic,intermediateandtemporarystorageof
|
| 1114 |
+
thatelectronicrecord,wherethepurposeofstoringtheelectronicrecordisto
|
| 1115 |
+
maketheonwardtransmissionoftheelectronicrecordmoreefficienttoother
|
| 1116 |
+
recipientsoftheserviceontheirrequest,aslongastheserviceprovider
|
| 1117 |
+
(a)doesnotmodifytheelectronicrecord;
|
| 1118 |
+
(b)complieswithconditionsonaccesstotheelectronicrecord;
|
| 1119 |
+
(c)complieswithrulesregardingtheupdatingoftheelectronic
|
| 1120 |
+
record,specifiedinamannerwidelyrecognisedandusedbythe
|
| 1121 |
+
industry;
|
| 1122 |
+
(d)doesnotinterferewiththelawfuluseoftechnologywidely
|
| 1123 |
+
recognisedandusedbytheindustrytoobtaininformationon
|
| 1124 |
+
theuseoftheelectronicrecord;and
|
| 1125 |
+
(e)removesordisablesaccesstotheelectronicrecordithadstored
|
| 1126 |
+
uponreceivingatake-downnoticeunderthisAct.
|
| 1127 |
+
Hosting
|
| 1128 |
+
72.(1)Anintermediaryorserviceproviderwhoprovidesaservicethat
|
| 1129 |
+
consistsofthestorageofelectronicrecordsprovidedtoauseroftheservice,
|
| 1130 |
+
isnotliablefordamagesarisingfrominformationstoredattherequestofthe
|
| 1131 |
+
recipientoftheservice,aslongastheserviceprovider
|
| 1132 |
+
(a)doesnothaveactualknowledgethattheinformationoran
|
| 1133 |
+
activityrelatingtotheinformationisinfringingtherightsof
|
| 1134 |
+
athirdparty,
|
| 1135 |
+
36(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing
|
| 1136 |
+
activityortheinfringingnatureoftheinformationisapparentor
|
| 1137 |
+
canbereasonablyinferred,and
|
| 1138 |
+
(c)uponreceiptofatake-downnotificationunderthisAct,takes
|
| 1139 |
+
actionexpeditiouslytoremoveortodisableaccesstothe
|
| 1140 |
+
information.
|
| 1141 |
+
(2)Thelimitationsonliabilityestablishedbythissectiondonotapply
|
| 1142 |
+
toaserviceproviderunless
|
| 1143 |
+
(a)ithasprovidedanaddresstoreceivenotificationsof
|
| 1144 |
+
infringement;or
|
| 1145 |
+
(b)ithasanagentforreceiptofnotificationofinfringement.
|
| 1146 |
+
Informationlocationtools
|
| 1147 |
+
73.Anintermediaryorserviceproviderisnotliablefordamagesincurred
|
| 1148 |
+
byapersoniftheserviceproviderrefersorlinksuserstoawebpage
|
| 1149 |
+
containinganinfringingelectronicrecordorinfringingactivity,byusing
|
| 1150 |
+
informationlocationtools,includingadirectory,index,reference,pointer,or
|
| 1151 |
+
hyperlink,wheretheintermediaryorserviceprovider
|
| 1152 |
+
(a)doesnothaveactualknowledgethattheelectronicrecordoran
|
| 1153 |
+
activityrelatingtotheelectronicrecordisinfringingtherights
|
| 1154 |
+
ofthatpersonortheState;
|
| 1155 |
+
(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing
|
| 1156 |
+
activityortheinfringingnatureoftheelectronicrecordis
|
| 1157 |
+
apparentorcanbereasonablyinferred;
|
| 1158 |
+
(c)doesnotreceiveafinancialbenefitdirectlyattributabletothe
|
| 1159 |
+
infringingactivity;and
|
| 1160 |
+
(d)removesordisablesaccesstothereferenceorlinktothe
|
| 1161 |
+
electronicrecordoractivitywithinareasonabletimeafterbeing
|
| 1162 |
+
informedthattheelectronicrecordortheactivityrelatingtothe
|
| 1163 |
+
electronicrecord,fringestherightsofapersonortheState.
|
| 1164 |
+
Take-downnotification
|
| 1165 |
+
74.(1)Apersonwhoclaimsthatanelectronicallypublishedmatteris
|
| 1166 |
+
illegalorunlawfulshallnotifythepublisher.
|
| 1167 |
+
(2)Anotificationofunlawfulactivityshallbeinapermanent
|
| 1168 |
+
mediumaddressedbythecomplainanttotheintermediaryorserviceprovider
|
| 1169 |
+
oritsdesignatedagentandshallinclude
|
| 1170 |
+
37(a)thefullnamesandaddressofthecomplainant;
|
| 1171 |
+
(b)thewrittenorelectronicsignatureofthecomplainant;
|
| 1172 |
+
(c)identificationoftherightthathasallegedlybeeninfringed
|
| 1173 |
+
(d)identificationofthematerialoractivitythatisclaimedtobethe
|
| 1174 |
+
subjectofunlawfulactivity;
|
| 1175 |
+
(e)theremedialactionrequiredtobetakenbytheintermediaryor
|
| 1176 |
+
serviceproviderinrespectofthecomplaint;and
|
| 1177 |
+
(f)telephonicandelectroniccontactdetails,ifany,ofthe
|
| 1178 |
+
complainant.
|
| 1179 |
+
(3)Apersonwholodgesanotificationofunlawfulactivitywitha
|
| 1180 |
+
serviceproviderknowingthatitmateriallymisrepresentsthefactsisliableto
|
| 1181 |
+
payapecuniarypenaltyequivalenttofivehundredpenaltyunits.
|
| 1182 |
+
(4)Theintermediaryorserviceproviderisliableforwrongful
|
| 1183 |
+
takedowninresponsetoanotification.
|
| 1184 |
+
Monitoringandcompliance
|
| 1185 |
+
75.(1)Anintermediaryorserviceprovidershallnotberequiredtomonitor
|
| 1186 |
+
anelectronicrecordprocessedbymeansofapersonalsysteminorderto
|
| 1187 |
+
ascertainwhetheritsprocessingwouldconstituteorgiverisetoanoffence
|
| 1188 |
+
orgiverisetocivilliability.
|
| 1189 |
+
(2)Nothinginthissectionshallrelieveanintermediaryorservice
|
| 1190 |
+
providerfrom
|
| 1191 |
+
(a)anobligationtocomplywithanorderordirectionofaCourtor
|
| 1192 |
+
othercompetentAgency;or
|
| 1193 |
+
(b)anycontractualobligation.
|
| 1194 |
+
RiskAssessmentsandMitigation
|
| 1195 |
+
76.(1)VeryLargeOnlinePlatforms(VLOPs)andVeryLargeOnline
|
| 1196 |
+
SearchEngines(VLOSEs)shallconductannualriskassessmentstoidentify
|
| 1197 |
+
systemicrisksassociatedwiththeirplatforms,includingbutnotlimitedto
|
| 1198 |
+
disinformation,hatespeech,childexploitation,andotherharmfulcontent.
|
| 1199 |
+
(2)VLOPsandVLOSEsshallsubmitriskmitigationplanstotheNational
|
| 1200 |
+
InformationTechnologyAuthoritywithinthirty(30)daysfollowing
|
| 1201 |
+
completionoftheassessment.
|
| 1202 |
+
(3)Riskmanagementpracticesshallbesubjecttoindependentthird-party
|
| 1203 |
+
auditseverytwo(2)years,andtheauditreportsshallbesubmittedtoNational
|
| 1204 |
+
38InformationTechnologyAuthorityandmadepubliclyavailableinaccordance
|
| 1205 |
+
withprescribedguidelines.
|
| 1206 |
+
TransparencyObligations
|
| 1207 |
+
77.(1)VLOPs,VLOSEs,andCertifyingAuthoritiesshallpublishbiannual
|
| 1208 |
+
transparencyreportsdetailing
|
| 1209 |
+
(i)contentmoderationactionsundertaken,includingremovalsandaccount
|
| 1210 |
+
suspensions;
|
| 1211 |
+
(ii)complaintsreceivedandthenatureandresolutionofsuchcomplaints;
|
| 1212 |
+
(iii)theuseofautomatedtools,includingartificialintelligencesystems,for
|
| 1213 |
+
filteringormoderatingcontent;and
|
| 1214 |
+
(iv)algorithmicdisclosure,whichshallincludethecriteriausedincontent
|
| 1215 |
+
ranking,targetedadvertising,andrecommendationsystems.
|
| 1216 |
+
(2)CertifyingAuthoritiesshallalsopublishannualtransparencyreports
|
| 1217 |
+
detailing:
|
| 1218 |
+
(i)thenumberofdigitalcertificatesissued,revoked,orsuspended;and
|
| 1219 |
+
(ii)thereasonsandcircumstancessurroundingsuchactions.
|
| 1220 |
+
ProtectionofChildren
|
| 1221 |
+
78.(1)Serviceprovidersofferingservicesdirectedatorlikelytobe
|
| 1222 |
+
accessedbychildrensshallimplementrobustage-verificationmechanismsto
|
| 1223 |
+
preventunauthorisedaccessbyunderageusers.
|
| 1224 |
+
(2)Nopersonorentityshalldelivertargetedadvertisingbasedonthepersonal
|
| 1225 |
+
dataofchildrens,whetherdirectlyorthroughautomatedprofilingsystems.
|
| 1226 |
+
Duediligenceobligations
|
| 1227 |
+
79.Alicenseeshallconductperiodicriskassessmentsinaccordancewith
|
| 1228 |
+
standardsprescribedbytheNational Information Technology Authority,with
|
| 1229 |
+
aviewtoidentifying,managing,andmitigatingpotentialthreatstothe
|
| 1230 |
+
integrity,confidentiality,andavailabilityofitssystemsandservices.
|
| 1231 |
+
Limitationsandprohibitedacts
|
| 1232 |
+
80.(1)ExceptasprovidedinthisAct
|
| 1233 |
+
(a)anypersonorentitythatprovidesanelectroniccommunication
|
| 1234 |
+
servicetothepublicshallnotknowinglydivulgethecontentsof
|
| 1235 |
+
acommunicationwhileinelectronicstoragebythatserviceto
|
| 1236 |
+
anypersonorentity;and
|
| 1237 |
+
39(b)apersonorentityprovidingremotecomputingservicetothe
|
| 1238 |
+
publicshallnotknowinglydivulgethecontentsofany
|
| 1239 |
+
communicationwhichiscarriedormaintainedonthatserviceto
|
| 1240 |
+
anyotherpersonorentity
|
| 1241 |
+
(i)onbehalfof,andreceivedbymeansofelectronic
|
| 1242 |
+
transmissionfromasubscriberorcustomerofthe
|
| 1243 |
+
service;and
|
| 1244 |
+
(ii)solelyforthepurposeofprovidingstorageorcomputer
|
| 1245 |
+
processingservicestothesubscriberorcustomer,
|
| 1246 |
+
iftheproviderisnotauthorisedtoaccessthecontentsofthecommunications
|
| 1247 |
+
toprovideanyserviceotherthanstorageorcomputerprocessing.
|
| 1248 |
+
(2)Apersonorentitymaydivulgethecontentsofacommunication
|
| 1249 |
+
(a)toanaddresseeorintendedrecipientofthecommunicationor
|
| 1250 |
+
anagentoftheaddresseeorintendedrecipient;
|
| 1251 |
+
(b)asotherwiseauthorisedbylaw;
|
| 1252 |
+
(c)withthelawfulconsentoftheoriginator,anaddressee,intended
|
| 1253 |
+
recipientofthecommunication,orthesubscriberinthecaseof
|
| 1254 |
+
remotecomputingservice;
|
| 1255 |
+
(d)toapersonemployed,authorisedorwhosefacilitiesareusedto
|
| 1256 |
+
forwardthecommunicationtoitsdestination;
|
| 1257 |
+
(e)asmaybenecessarilyincidenttotheprovisionoftheserviceor
|
| 1258 |
+
totheprotectionoftherightsorpropertyoftheproviderofthat
|
| 1259 |
+
service;or
|
| 1260 |
+
(f)toalawenforcementagencyifthecontentswereinadvertently
|
| 1261 |
+
andunintentionallyobtainedbytheserviceproviderandappear
|
| 1262 |
+
torelatetothecommissionofacrime.
|
| 1263 |
+
Savings
|
| 1264 |
+
81.Sections70to80donotaffect
|
| 1265 |
+
(a)anobligationfoundedonanagreement;
|
| 1266 |
+
(b)theobligationofaserviceprovideractingasinthatcapacity
|
| 1267 |
+
underalicensingorotherregulatoryregimeestablishedbyor
|
| 1268 |
+
underanylaw;and
|
| 1269 |
+
(c)anobligationimposedbylaworbyaCourtordertoremove,
|
| 1270 |
+
blockordenyaccesstoanelectronicrecord.
|
| 1271 |
+
40Miscellaneousmatters
|
| 1272 |
+
TerritorialscopeofoffencesunderthisAct
|
| 1273 |
+
82.(1)ThisActhaseffectinrelationtoapersonofwhatevernationality
|
| 1274 |
+
outsideaswellaswithinthecountryandwhereanoffenceunderthisActis
|
| 1275 |
+
committedbyapersoninanyplaceoutsidethecountry,thepersonmaybe
|
| 1276 |
+
dealtwithasiftheoffencehadbeencommittedwithinthecountry.
|
| 1277 |
+
(2)ThisActshallapplyif,fortheoffenceinquestion
|
| 1278 |
+
(a)theaccusedwasinthecountryatthematerialtime;
|
| 1279 |
+
(b)theelectronicpaymentmedium,computerorelectronicrecord
|
| 1280 |
+
wasissuedinorlocatedorstoredinthecountryatthematerial
|
| 1281 |
+
time;
|
| 1282 |
+
(c)theelectronicpaymentmediumwasissuedbyafinancial
|
| 1283 |
+
institutioninthecountry;or
|
| 1284 |
+
(d)theoffenceoccurredwithinthecountry,onboardaGhanaian
|
| 1285 |
+
registeredshiporaircraftoronavoyageorflighttoorfromthis
|
| 1286 |
+
countryatthetimethattheoffencewascommitted,whether
|
| 1287 |
+
paragraph(a),(b)or(c)applies.
|
| 1288 |
+
Guidelines,directives,orcodesofpractice
|
| 1289 |
+
83.TheNational Information Technology Authoritymay,forthepurposeof
|
| 1290 |
+
givingeffecttotheprovisionsofthisAct,issueguidelines,directives,or
|
| 1291 |
+
codesofpracticeasitconsidersnecessaryfortheeffectiveimplementation
|
| 1292 |
+
andenforcementofthisActandanyRegulationsmadeunderit.
|
| 1293 |
+
Regulations
|
| 1294 |
+
84.TheMinistermaybylegislativeinstrumentmakeregulations
|
| 1295 |
+
(a)todefine,enlargeorrestrictthemeaningofawordor
|
| 1296 |
+
expressionusedinthisAct;
|
| 1297 |
+
(b)tospecifyprovisionsoforrequirementsunderanother
|
| 1298 |
+
enactmenttowhichthisActdoesnotapply;
|
| 1299 |
+
(c)toprescriberecords,informationorclassesofrecordsor
|
| 1300 |
+
informationnotapplicabletothisAct;
|
| 1301 |
+
(d)toprescriberecordsorclassesofrecordsforwhicha
|
| 1302 |
+
requirementunderlawforthesignatureofapersonmustbe
|
| 1303 |
+
satisfiedbyanelectronicsignatureandproofthat,inviewofthe
|
| 1304 |
+
41circumstancesincludinganyrelevantagreementandthetime
|
| 1305 |
+
theelectronicsignaturewasmade,
|
| 1306 |
+
(i)theelectronicsignatureisreliableforthepurposeof
|
| 1307 |
+
identifyingtheperson,and
|
| 1308 |
+
(ii)theassociationoftheelectronicsignaturewiththe
|
| 1309 |
+
relevantelectronicrecordisreliableforthepurposesfor
|
| 1310 |
+
whichtheelectronicrecordwasmade;
|
| 1311 |
+
(e)toprovideforelectronicsignatures;
|
| 1312 |
+
(f)toprovidefortheelectronicmeanstobeusedtosend,receive
|
| 1313 |
+
orretaininformationorrecordsinelectronicformif
|
| 1314 |
+
anenactmentrequiresapersontosend,receiveorretainthe
|
| 1315 |
+
informationorrecords;and
|
| 1316 |
+
(g)toprovideforanyothermatternecessaryfortheeffective
|
| 1317 |
+
implementationofthisAct.
|
| 1318 |
+
Interpretation
|
| 1319 |
+
85.InthisAct,unlessthecontextotherwiserequires,
|
| 1320 |
+
"access"includestheactionsofapersonwho,aftertakingnoteofdata,
|
| 1321 |
+
becomesawareofthefactthatthereisnoauthorisationtoaccessthatdataand
|
| 1322 |
+
stillcontinuestoaccessthatdata;
|
| 1323 |
+
"addressee",inrespectofanelectronicrecord,meansapersonwhois
|
| 1324 |
+
intendedbytheoriginatortoreceivetheelectronicrecord,butnotaperson
|
| 1325 |
+
actingasanintermediarywithrespecttothatelectronicrecord;
|
| 1326 |
+
"Agency"meanstheNationalInformationTechnologyAgency;
|
| 1327 |
+
"algorithmicdisclosure"meanstheobligationofaplatformorservice
|
| 1328 |
+
providertomakeavailablemeaningfulinformationaboutthelogic,
|
| 1329 |
+
significance,parameters,andpotentialimpactofalgorithmsusedinranking,
|
| 1330 |
+
recommending,orfilteringcontentoradvertisements;
|
| 1331 |
+
"authenticationproductsorservices"meansproductsorservicesdesignedto
|
| 1332 |
+
identifytheholderofanelectronicsignaturetootherpersons;
|
| 1333 |
+
42"authenticationserviceprovider"meansapersonwhoseauthentication
|
| 1334 |
+
productsorserviceshavebeenaccreditedbytheCertifyingAgencyunderthis
|
| 1335 |
+
Act;
|
| 1336 |
+
"automatedprofiling"meanstheuseofautomatedprocessingtechniques,
|
| 1337 |
+
includingartificialintelligenceormachinelearning,toanalysepersonaldata
|
| 1338 |
+
inordertoevaluatecertainaspectsofaperson,inparticulartopredictor
|
| 1339 |
+
assessbehaviour,preferences,interests,orlocation;
|
| 1340 |
+
"automatedtransaction"meansanelectronictransactionconductedor
|
| 1341 |
+
performed,inwholeorinpart,bymeansofelectronicrecordsinwhichthe
|
| 1342 |
+
conductorelectronicrecordsofoneorbothpartiesarenotreviewedbyan
|
| 1343 |
+
individualintheordinarycourseoftheindividual’sbusinessoremployment;
|
| 1344 |
+
"Biometricauthentication"meanstheprocessofverifyinganindividual’s
|
| 1345 |
+
identitybasedonmeasurablephysiologicalorbehaviouralcharacteristics,
|
| 1346 |
+
includingbutnotlimitedtofingerprints,facialfeatures,voicepatterns,retinal
|
| 1347 |
+
scans,orotherbiometricidentifiers,usedinconnectionwithelectronic
|
| 1348 |
+
identificationordigitalsignatures;
|
| 1349 |
+
"Board"meansBoardoftheAgency;
|
| 1350 |
+
"browser"meansacomputerprogrammewhichallowsapersontoread
|
| 1351 |
+
hyperlinkedelectronicrecords;
|
| 1352 |
+
"cache"meanshighspeedmemorythatstoresdataforrelativelyshortperiods
|
| 1353 |
+
oftime,undercomputercontrol,inordertospeedupdatatransmissionor
|
| 1354 |
+
processing;
|
| 1355 |
+
"ccTLD"meanscountrycodedomainatthetopleveloftheInternet’sdomain
|
| 1356 |
+
namesystemassignedaccordingtothetwo-lettercodesintheInternational
|
| 1357 |
+
StandardISO3166-1(CodesforRepresentationofNamesofCountriesand
|
| 1358 |
+
theirSubdivision);
|
| 1359 |
+
"Certificatepracticestatement"meansastatementpublishedbyacertification
|
| 1360 |
+
serviceproviderthatoutlinesthepractices,procedures,andsecuritycontrols
|
| 1361 |
+
usedintheissuance,management,revocation,andrenewalofdigital
|
| 1362 |
+
certificates;
|
| 1363 |
+
43"certificationserviceprovider"meansapersonprovidinganauthentication
|
| 1364 |
+
productorserviceintheformofadigitalcertificateattachedto,incorporated
|
| 1365 |
+
inorlogicallyassociatedwithanelectronicrecord;
|
| 1366 |
+
"CertifyingAgency"meanstheCertifyingAgencyestablishedunderthisAct;
|
| 1367 |
+
"cleardays"meanscompletedaysexcludingthedayofdispatch;
|
| 1368 |
+
"computer"meansadeviceoragroupofinter-connectedorrelateddevices,
|
| 1369 |
+
includingtheInternet,oneormoreofwhich,pursuanttoaprogramme,
|
| 1370 |
+
performsautomaticprocessingofdataoranyotherfunctionbutdoesnot
|
| 1371 |
+
include
|
| 1372 |
+
(a)portablehandheldcalculator;
|
| 1373 |
+
(b)anautomatedtypewriterortypesetter;
|
| 1374 |
+
(c)asimilardevicewhichisnon-programmableorwhichdoesnotcontainany
|
| 1375 |
+
datastoragefacility;or
|
| 1376 |
+
(d)anyotherdevicethattheMinistermayprescribeintheGazette;
|
| 1377 |
+
"computeroutput"or"output"meansastatementorrepresentation,whether
|
| 1378 |
+
inwritten,printed,pictorial,graphical,electronic,digitaloranyotherform,
|
| 1379 |
+
purportingtobeastatementorrepresentationoffact
|
| 1380 |
+
(a)producedbyacomputer;or
|
| 1381 |
+
(b)accuratelytranslatedfromastatementorrepresentationsoproduced;
|
| 1382 |
+
"computerservice"includescomputertime,computeroutput,dataprocessing
|
| 1383 |
+
andthestorageorretrievalofaprogrammeordata;
|
| 1384 |
+
"consumer"meansanindividualpersonwhoentersorintendsenteringintoan
|
| 1385 |
+
electronictransactionwithasupplierastheenduserofthegoodsorservices
|
| 1386 |
+
offeredbythatsupplier;
|
| 1387 |
+
"controller"meansapersonwhoelectronicallyrequests,collects,collates,
|
| 1388 |
+
processesorstorespersonalinformationfromorinrespectofadatasubject;
|
| 1389 |
+
"Court"meansanyjudicial,quasi-judicialorotheradministrativetribunal
|
| 1390 |
+
establishedbylaw;
|
| 1391 |
+
44"criticaldatabase"meansacrucialsetofdatainanelectronicrecordrelatedto
|
| 1392 |
+
nationalsecurityortheeconomicwell-beingofthepublicdeterminedbythe
|
| 1393 |
+
Minister;
|
| 1394 |
+
"criticaldatabaseadministrator"meansthepersonresponsibleforthe
|
| 1395 |
+
managementandcontrolofacriticaldatabase;
|
| 1396 |
+
"criticalelectronicrecord"meansanelectronicrecord,grouporclassification
|
| 1397 |
+
ofelectronicrecordwhichisdeclaredbytheMinistertobeofimportanceto
|
| 1398 |
+
theprotectionofthenationalsecurityoftheRepublicortheeconomicand
|
| 1399 |
+
socialwell-beingofitscitizens;
|
| 1400 |
+
"cyberinspector"meansastaffoftheNationalInformationTechnology
|
| 1401 |
+
Agencywithpowertomonitor,investigate,prosecuteanyoffenceunderthis
|
| 1402 |
+
Actandanyotherlawenforcementagencyactingunderanyprovisionofthis
|
| 1403 |
+
Act;
|
| 1404 |
+
"damage"includesimpairmenttoacomputerortheintegrityoravailabilityof
|
| 1405 |
+
aprogrammeordataheldinacomputerthat:
|
| 1406 |
+
(a)causeslosswithintheperiodprescribedundertheLimitationDecree,1972
|
| 1407 |
+
(N.R.C.D.54),
|
| 1408 |
+
(b)modifiesorimpairs,orpotentiallymodifiesorimpairs,themedical
|
| 1409 |
+
examination,diagnosis,treatmentorcareofaperson,
|
| 1410 |
+
(c)causesorthreatensphysicalinjuryordeathtoaperson,or
|
| 1411 |
+
(d)threatensthepublicinterest;
|
| 1412 |
+
"decryptioninformation"meansinformationortechnologythatenablesa
|
| 1413 |
+
persontoreadilyretransformorunscrambleanencryptedprogrammeordata
|
| 1414 |
+
fromitsunreadableandincomprehensibleformattoitsplaintextversion;
|
| 1415 |
+
"device"meansanythingorapparatusthatisusedorcapableofbeingusedto
|
| 1416 |
+
interceptafunctionofacomputerorelectronicrecord;
|
| 1417 |
+
"digitalplatform"meansanonline-basedsystemorinterface,includingweb-
|
| 1418 |
+
basedplatformsandapp-basedecosystems,thatfacilitatesinteractionbetween
|
| 1419 |
+
usersfortheexchangeofgoods,services,information,orcontent,including
|
| 1420 |
+
socialmediaplatforms,onlinemarketplaces,anddigitalserviceaggregators;
|
| 1421 |
+
45"digitalsignature"meansdataattachedto,incorporatedin,orlogically
|
| 1422 |
+
associatedwithotherdataandwhichisintendedbytheusertoserveasa
|
| 1423 |
+
signature;
|
| 1424 |
+
"domainnamesystem"meansasystemtotranslatedomainnamesintoIP
|
| 1425 |
+
addressesorotherinformation;
|
| 1426 |
+
"E-Gazette"meansanofficialGovernmentpublicationissuedinelectronic
|
| 1427 |
+
format,whichisaccessibleonline,authenticatedbyelectronicordigital
|
| 1428 |
+
signature,andwhichcarriesthesamelegaleffectandadmissibilityincourtas
|
| 1429 |
+
theprintversionoftheGazette;
|
| 1430 |
+
"e-governmentservices"meansapublicserviceprovidedbyelectronicmeans
|
| 1431 |
+
byapublicbodyinthecountry;
|
| 1432 |
+
"e-mail"meanselectronicmail,anelectronicrecordusedorintendedtobe
|
| 1433 |
+
usedasamailmessagebetweentheoriginatorandaddresseeinanelectronic
|
| 1434 |
+
communication;
|
| 1435 |
+
"electronicagent"meansacomputerprogrammeoranelectronicorother
|
| 1436 |
+
automatedmeansusedindependentlytoinitiateanactionorrespondto
|
| 1437 |
+
electronicrecordsorperformancesinwholeorinpart,inanautomated
|
| 1438 |
+
transaction;
|
| 1439 |
+
"electroniccommunication"meansacommunicationbymeansofelectronic
|
| 1440 |
+
records;
|
| 1441 |
+
"electronicpaymentmedium"includesanymediumissuedtoaholdercapable
|
| 1442 |
+
ofbeingusedtomakeanelectronicfinancialtransaction;
|
| 1443 |
+
"electronicrecord"includesdatagenerated,sent,receivedorstoredby
|
| 1444 |
+
electronicmeans:
|
| 1445 |
+
(a)voice,wherevoiceisusedinanautomatedtransaction;and
|
| 1446 |
+
(b)astoredrecord;
|
| 1447 |
+
"electronicsignature"meansanydatainelectronicform,affixedtoor
|
| 1448 |
+
logicallyassociatedwithadatamessage,whichisusedbyapersontoindicate
|
| 1449 |
+
theiragreementtothecontentofthatdatamessageortransaction,andwhich
|
| 1450 |
+
46iscapableofidentifyingthesignatoryandmaintainingtheintegrityofthe
|
| 1451 |
+
signedinformation;
|
| 1452 |
+
"electronictransaction"meansatransactionbyanelectronicagent;
|
| 1453 |
+
"encryptedproduct"meansaproductthatmakesuseofencryptiontechniques
|
| 1454 |
+
andisusedbyasenderorrecipientofelectronicrecordtoensure
|
| 1455 |
+
(a)thatthedatacanbeaccessedonlybyrelevantpersons,
|
| 1456 |
+
(b)theauthenticityofthedata,
|
| 1457 |
+
(c)theintegrityofthedata,or
|
| 1458 |
+
(d)thatthesourceofthedatacanbecorrectlyascertained;
|
| 1459 |
+
"encryptedprogrammeorelectronicrecord"meansaprogrammeordata
|
| 1460 |
+
whichhasbeentransformedorscrambledfromitsplaintextversiontoan
|
| 1461 |
+
unreadableorincomprehensibleformat,regardlessofthetechniqueutilized
|
| 1462 |
+
forthetransformationorscramblingandirrespectiveofthemediuminwhich
|
| 1463 |
+
theprogrammeordataoccursorcanbefoundforthepurposesofprotecting
|
| 1464 |
+
thecontentoftheprogrammeordata;
|
| 1465 |
+
"encryptionprovider"meansanypersonwhoprovidesorwhoproposesto
|
| 1466 |
+
provideencryptionservicesorproductsinthecountry;
|
| 1467 |
+
"encryptionservice"meansaservicewhichisprovidedtoasenderora
|
| 1468 |
+
recipientofanelectronicrecordortoanyonestoringanelectronicrecord,
|
| 1469 |
+
whichisdesignedtofacilitatetheuseofencryptiontechniquestoensure
|
| 1470 |
+
(a)thatthedataorelectronicrecordcanbeaccessedorcanbeputintoan
|
| 1471 |
+
intelligibleformonlybycertainpersons,
|
| 1472 |
+
(b)thattheauthenticityorintegrityofthedataorelectronicrecordiscapable
|
| 1473 |
+
ofbeingascertained,
|
| 1474 |
+
(c)theintegrityofthedataorelectronicrecord,or
|
| 1475 |
+
(d)thatthesourceofthedataorelectronicrecordcanbecorrectlyascertained;
|
| 1476 |
+
"essentialemergencyservice"meansavitalservicetoavoidtheimminent
|
| 1477 |
+
occurrenceofasituationwhichisoutoftheordinarywhichthreatensto
|
| 1478 |
+
endangeraperson,publicsafetyorcausedamagetoproperty;
|
| 1479 |
+
"financialinstitution"meansanentitythatundertakesfinancialintermediation;
|
| 1480 |
+
47"financialintermediation"meansaprocessoftransferringfundsfromone
|
| 1481 |
+
entitytoanotherentity;
|
| 1482 |
+
"Forum"meansIndustryForum;
|
| 1483 |
+
"function"includeslogic,control,arithmetic,deletion,storageandretrieval,
|
| 1484 |
+
andcommunicationortelecommunicationto,fromorwithinacomputer;
|
| 1485 |
+
"Gazette"includesanelectronicrecordoftheGazetteandpublicationonthe
|
| 1486 |
+
websiteoftheappropriateGovernmentAgency;
|
| 1487 |
+
".ghdomainnamespace"meansthe.ghccTLDassignedtotheRepublic
|
| 1488 |
+
accordingtothetwo-lettercodesintheInternationalStandardISO3166;
|
| 1489 |
+
"Government"meansanyauthoritybywhichtheexecutiveauthorityofthe
|
| 1490 |
+
Republicisdulyexercised;
|
| 1491 |
+
"homepage"meanstheprimaryentrypointwebpageofawebsite;
|
| 1492 |
+
"hyperlink"meansareferenceorlinkfromsomepointinoneelectronic
|
| 1493 |
+
recorddirectingabrowserorothertechnologyorfunctionalitytoanother
|
| 1494 |
+
electronicrecordorpointinthatelectronicrecordortoanotherplaceinthe
|
| 1495 |
+
sameelectronicrecord;
|
| 1496 |
+
"hypertext"meansareferenceorlinkfromsomepointinoneelectronic
|
| 1497 |
+
recorddirectingabrowserorothertechnologyorfunctionalitytoanother
|
| 1498 |
+
electronicrecordorpointortoanotherplaceinthesameelectronicrecord;
|
| 1499 |
+
"incorporatedbody"meansanentityregisteredundertheCompaniesAct
|
| 1500 |
+
2019(Act992),theIncorporatedPrivatePartnershipsAct1962(Act152)or
|
| 1501 |
+
theTrusteesIncorporationAct,1962(Act106);
|
| 1502 |
+
"incidentresponseplan"meansaformalsetofproceduresestablishedbya
|
| 1503 |
+
licensedentityorcertifyingauthorityfordetecting,reporting,respondingto,
|
| 1504 |
+
andrecoveringfromcybersecurityincidentsorbreachesthataffectthe
|
| 1505 |
+
integrity,availability,orconfidentialityofitssystemsorservices;
|
| 1506 |
+
"industry"meansthecommunicationsindustry;
|
| 1507 |
+
48"IndustryForum"meansthecommunicationsindustrymeetingfromtimeto
|
| 1508 |
+
timetodiscussmattersofcommoninteresttoandconcerningtheindustry;
|
| 1509 |
+
"informationsystem"includesasystemforgenerating,sending,receiving,
|
| 1510 |
+
storing,displayingorotherwiseprocessingelectronicrecordsandtheInternet;
|
| 1511 |
+
"informationsystemservices"includestheprovisionofconnections,the
|
| 1512 |
+
operationoffacilitiesforinformationsystems,theprovisionofaccessto
|
| 1513 |
+
informationsystems,thetransmissionorroutingofelectronicrecordsbetween
|
| 1514 |
+
oramongpointsspecifiedbyauserandtheprocessingandstorageofdataat
|
| 1515 |
+
theindividualrequestoftherecipientoftheservice;
|
| 1516 |
+
"intercept"includes,inrelationtoafunctionofacomputerorelectronic
|
| 1517 |
+
record,listeningtoorrecordingafunctionofacomputerorelectronicrecord,
|
| 1518 |
+
oracquiringthesubstance,meaningorpurportofit;
|
| 1519 |
+
"intermediary"meansapersonwho,onbehalfofanotherperson,whetheras
|
| 1520 |
+
agentornot,sends,receivesorstoresaparticularelectronicrecordorprovides
|
| 1521 |
+
otherserviceswithrespecttothatelectronicrecord;
|
| 1522 |
+
"interoperabilitystandards"meanstechnicalspecificationsthatensuredigital
|
| 1523 |
+
systems,applications,andprocessesarecapableofexchangingandusing
|
| 1524 |
+
informationsecurely,effectively,andconsistentlyacrossdifferentplatforms,
|
| 1525 |
+
jurisdictions,orcertifyingauthorities;
|
| 1526 |
+
"Internet"meanstheinterconnectedsystemofnetworksthatconnects
|
| 1527 |
+
computersaroundtheworldusingtheTCP/IPandfutureversionsofthe
|
| 1528 |
+
interconnectedsystem;
|
| 1529 |
+
"IPaddress"meansthenumberidentifyingthepointofconnectionofa
|
| 1530 |
+
computerorotherdevicetotheinternet;
|
| 1531 |
+
"lawenforcementagency"meansthepolice,customs,exciseandpreventive
|
| 1532 |
+
serviceandanyotherlawenforcementagencyauthorisedbylawtoexercise
|
| 1533 |
+
policepowers;
|
| 1534 |
+
"Minister"meanstheMinisterresponsibleforCommunications;
|
| 1535 |
+
49"Ministry"meanstheMinistryresponsibleforCommunications;
|
| 1536 |
+
"notice"meanstransactionalmessageornotificationintendedtoelicitthe
|
| 1537 |
+
subscriber’schoicetoopt-inoropt-outofaservice,oranemergency
|
| 1538 |
+
communicationprescribedbylaw;
|
| 1539 |
+
"originator"meansapersonbywhom,oronwhosebehalf,anelectronic
|
| 1540 |
+
recordpurportstohavebeensentorgeneratedpriortostorage,butdoesnot
|
| 1541 |
+
meanapersonactingasanintermediarywithrespecttothatelectronicrecord;
|
| 1542 |
+
"person"includesapublicagency;
|
| 1543 |
+
"personalinformation"meansinformationaboutanidentifiableindividual,
|
| 1544 |
+
including,butnotlimitedto:
|
| 1545 |
+
(a)informationrelatingtotherace,gender,sex,pregnancy,maritalstatus,
|
| 1546 |
+
nationality,ethnicorsocialorigin,colour,sexualorientation,age,physicalor
|
| 1547 |
+
mentalhealth,well-being;disability,religion,conscience,belief,culture,
|
| 1548 |
+
languageandbirthoftheindividual;
|
| 1549 |
+
(b)informationrelatingtotheeducationorthemedical,criminalor
|
| 1550 |
+
employmenthistoryoftheindividualorinformationrelatingtofinancial
|
| 1551 |
+
transactionsinwhichtheindividualhasbeeninvolved;
|
| 1552 |
+
(c)anyidentifyingnumber,symbol,orotherparticularassignedtothe
|
| 1553 |
+
individual;
|
| 1554 |
+
(d)theaddress,fingerprintsorbloodtypeoftheindividual;
|
| 1555 |
+
(e)thepersonalopinions,viewsorpreferencesoftheindividual,exceptwhere
|
| 1556 |
+
theyareaboutanotherindividualoraboutaproposalforagrant,anawardora
|
| 1557 |
+
prizetobemadetoanotherindividual;
|
| 1558 |
+
(f)correspondencesentbytheindividualthatisimplicitlyorexplicitlyofa
|
| 1559 |
+
privateorconfidentialnatureorfurthercorrespondencethatwouldrevealthe
|
| 1560 |
+
contentsoforiginalcorrespondence;
|
| 1561 |
+
(g)theviewsoropinionsofanotherindividualabouttheindividual;
|
| 1562 |
+
(h)theviewsoropinionsofanotherindividualaboutaproposalforagrant,an
|
| 1563 |
+
awardoraprizetobemadetotheindividual,butexcludingthenameofthe
|
| 1564 |
+
otherindividualwhereitappearswiththeviewsoropinionsoftheother
|
| 1565 |
+
individual;and
|
| 1566 |
+
(i)thenameoftheindividualwhereitappearswithotherpersonalinformation
|
| 1567 |
+
relatingtotheindividualorwherethedisclosureofthenameitselfwould
|
| 1568 |
+
50revealinformationabouttheindividual,butexcludesinformationaboutan
|
| 1569 |
+
individualwhohasbeendeadformorethantwentyyears;
|
| 1570 |
+
"plaintextversion"meansaprogrammeororiginaldatabeforeithasbeen
|
| 1571 |
+
transformedorscrambledtoanunreadableorincomprehensibleformat;
|
| 1572 |
+
"prescribe"meansprescribebydirective,noticeorRegulationunderthisAct;
|
| 1573 |
+
"programmeorcomputerprogramme"meansdatarepresentinginstructionsor
|
| 1574 |
+
statementswhichwhenexecutedinacomputer,causesthecomputerto
|
| 1575 |
+
performafunction;
|
| 1576 |
+
"programmeordata"includesareferencetoaprogrammeordataheldinany
|
| 1577 |
+
removablestoragemediumwhichisforthetimebeinginthecomputer;
|
| 1578 |
+
"publicagency"meansabodyset-upbyGovernmentinthepublicinterest
|
| 1579 |
+
withorwithoutanActofParliament;
|
| 1580 |
+
(a)departmentofcentralgovernmentoradepartmentinlocalgovernment;or
|
| 1581 |
+
(b)anyotherfunctionaryorinstitutionwhen
|
| 1582 |
+
(i)exercisingapowerordischargingadutyintermsoftheConstitution;or
|
| 1583 |
+
(ii)exercisingapowerorperformingafunctionintermsofanylegislation;
|
| 1584 |
+
"publicinterest"includesarightoradvantagewhichenuresorisintendedto
|
| 1585 |
+
enuretothegeneralbenefitofthepeopleofthiscountry,includingbutnot
|
| 1586 |
+
limitedtoaccesstoessentialdigitalservices,protectionofpersonaldata,
|
| 1587 |
+
promotionofcybersecurity,andthesafeguardingofnationaldigital
|
| 1588 |
+
infrastructure;
|
| 1589 |
+
"publickey"meansthekeywhichisavailabletothepublicforpurposesofthe
|
| 1590 |
+
encryptionofanelectronickeywhichislinkedtoaprivatedecryptionkey
|
| 1591 |
+
heldexclusivelybytheissuerofthekeyavailabletothepublic;
|
| 1592 |
+
"PublicKeyInfrastructure"(PKI)meansasystemofpolicies,roles,
|
| 1593 |
+
hardware,software,andproceduresneededtocreate,manage,distribute,use,
|
| 1594 |
+
store,andrevokedigitalcertificatesandpublickeys,enablingsecure
|
| 1595 |
+
electronictransactionsandcommunicationthroughauthentication,
|
| 1596 |
+
confidentiality,integrity,andnon-repudiation;
|
| 1597 |
+
51"QualifiedElectronicSignature"meansanelectronicsignaturethat—
|
| 1598 |
+
(a)isuniquelylinkedtothesignatory;
|
| 1599 |
+
(b)iscapableofidentifyingthesignatory;
|
| 1600 |
+
(c)iscreatedusingmeansthatthesignatorycanmaintainundertheirsole
|
| 1601 |
+
control;and
|
| 1602 |
+
(d)isbasedonaqualifiedcertificateissuedbyacertificationserviceprovider
|
| 1603 |
+
accreditedorrecognisedunderthisAct;
|
| 1604 |
+
"recommendationsystem"meansanautomatedsystemusedbyanonline
|
| 1605 |
+
platformtosuggestcontent,products,services,orinteractionstousersbased
|
| 1606 |
+
ondatacollectedfromoraboutthoseusersorotherusers;
|
| 1607 |
+
"repository"meanstheprimaryregisterofelectronicrecordsorinformation
|
| 1608 |
+
maintainedbyaregistryorcertificationserviceprovider,forthepurposeof
|
| 1609 |
+
storing,publishing,orretrievingdigitalcertificates,publickeys,orrelated
|
| 1610 |
+
transactionaldata;
|
| 1611 |
+
"riskmanagementpractices"meansstructuredprocesses,tools,and
|
| 1612 |
+
proceduresemployedtoassess,monitor,andaddressoperational,
|
| 1613 |
+
technological,legal,andreputationalriskswithinanelectronic
|
| 1614 |
+
communicationenvironment;
|
| 1615 |
+
"riskmitigationplan"meansadocumentedstrategydevelopedbyaservice
|
| 1616 |
+
providerorplatformtoidentify,reduce,andmanagepotentialsystemicrisks
|
| 1617 |
+
andvulnerabilitiesassociatedwithitsoperations,systems,orcontent
|
| 1618 |
+
disseminationprocesses;
|
| 1619 |
+
"RootCA"meanstheRootCertificationAuthority,beingthetop-leveltrusted
|
| 1620 |
+
entityinaPublicKeyInfrastructurethatissuesanddigitallysignscertificates
|
| 1621 |
+
forsubordinatecertificationauthorities,andservesasthefoundationaltrust
|
| 1622 |
+
anchorforthevalidationofalldigitalcertificatesissuedunderthe
|
| 1623 |
+
infrastructure;
|
| 1624 |
+
"secondleveldomain"meansthesubdomainimmediatelyfollowingthe
|
| 1625 |
+
ccTLD;
|
| 1626 |
+
"securityagency"meansabodyconnectedwithnationalsecurity;
|
| 1627 |
+
52"serviceprovider"meansanypersonprovidinginformationsystemservices;
|
| 1628 |
+
"statutoryprovision"meansbyorunderanActofParliament;
|
| 1629 |
+
"subdomain"meansanysubdivisionofthe.ghdomainnamespacewhichis
|
| 1630 |
+
thesecondleveldomain;
|
| 1631 |
+
"Subscriber"meansapersonorentitythatisthesubjectnamedoridentifiedin
|
| 1632 |
+
adigitalcertificate,whohasappliedforandbeenissuedthecertificatebya
|
| 1633 |
+
certificationserviceprovider,andwhoholdsthecorrespondingprivatekey
|
| 1634 |
+
associatedwiththepublickeylistedinthecertificate;
|
| 1635 |
+
"TCP/IP"meanstheTransmissionControlProtocolInternetProtocolusedby
|
| 1636 |
+
aninformationsystemtoconnecttotheInternet;
|
| 1637 |
+
"TI-D"meansatopleveldomainofthedomainnamesystem;
|
| 1638 |
+
"thirdparty"inrelationtoaserviceprovider,meansasubscribertotheservice
|
| 1639 |
+
provider’sservicesoranyotheruseroftheserviceprovider’sservicesora
|
| 1640 |
+
userofinformationsystems;
|
| 1641 |
+
"transaction"meansatransactionofeitheracommercialornon-commercial
|
| 1642 |
+
natureandtheprovisionofinformationande-governmentservices;
|
| 1643 |
+
"transparencyreport"meansaperiodicreportpublishedbyaserviceprovider,
|
| 1644 |
+
certifyingauthority,orplatformdetailingthescopeandnatureofcontent
|
| 1645 |
+
moderationactivities,useofautomatedtools,algorithmicprocesses,
|
| 1646 |
+
complaintsreceivedandresolved,andotheroperationalmetricsasrequired
|
| 1647 |
+
underthisAct;
|
| 1648 |
+
"unauthorisedaccess"isaccessofanykindbyapersontoaprogrammeor
|
| 1649 |
+
dataheldinacomputerwithoutauthorityif:
|
| 1650 |
+
(a)thepersonisnotpersonallyentitledtocontrolaccessofthekindin
|
| 1651 |
+
questiontotheprogrammeordata;and
|
| 1652 |
+
(b)thepersondoesnothaveconsenttoaccessthekindofprogrammeordata
|
| 1653 |
+
fromthepersonwhoisentitledtocontrolaccess;
|
| 1654 |
+
53"unincorporatedbody"meansanentityregisteredundertheRegistrationof
|
| 1655 |
+
BusinessNamesAct,1962(Act151)oranypersoncarryingonbusiness
|
| 1656 |
+
withoutaregistrationorwithoutacertificateofincorporation;
|
| 1657 |
+
"universalaccess"meansaccessbyallcitizensofGhanatointernet
|
| 1658 |
+
connectivityandelectronictransactions;
|
| 1659 |
+
"user-generatedcontent"meansanyformofcontent,includingtext,images,
|
| 1660 |
+
videos,oraudio,createdanduploadedbyauserofanonlineplatform,which
|
| 1661 |
+
isnotpre-selectedorcontrolledbytheserviceproviderotherthanthrough
|
| 1662 |
+
moderationoralgorithmiccuration;
|
| 1663 |
+
"VeryLargeOnlinePlatforms"or"VLOPs"meansonlineplatformsthat
|
| 1664 |
+
provideintermediaryservicesprimarilyconsistingofhostinguser-generated
|
| 1665 |
+
content,whichreachanaverageofforty-fivemillionormoremonthlyactive
|
| 1666 |
+
userswithinthejurisdictionorrelevantregion,andwhich,duetotheirsize,
|
| 1667 |
+
haveasignificantsocietalorsystemicimpactonthedisseminationof
|
| 1668 |
+
information,publicdiscourse,oraccesstogoodsandservicesonline;
|
| 1669 |
+
"VeryLargeOnlineSearchEngines"or"VLOSEs"meansonlinesearch
|
| 1670 |
+
enginesthatallowuserstoinputqueriestoretrieveinformationfromwebsites
|
| 1671 |
+
acrosstheinternet,andwhichreachanaverageofforty-fivemillionormore
|
| 1672 |
+
monthlyactiveusers,therebyhavingaconsiderableeffectonthevisibilityof
|
| 1673 |
+
onlineinformationandtheflowofdigitaltraffic;
|
| 1674 |
+
"webpage"meansanelectronicrecordontheWorldWideWeb;
|
| 1675 |
+
"website"meansalocationontheInternetcontainingahomepageorweb
|
| 1676 |
+
page;and
|
| 1677 |
+
"WorldWideWeb"meansaninformationbrowsingframeworkthatallowsa
|
| 1678 |
+
usertolocateandaccessinformationstoredonaremotecomputerandto
|
| 1679 |
+
followreferencesfromonecomputertorelatedinformationonanother
|
| 1680 |
+
computer.
|
| 1681 |
+
Repealsandsavings
|
| 1682 |
+
86.(1)TheElectronicTransactionsAct,2008(Act772)isherebyrepealed.
|
| 1683 |
+
54(2)Despitetherepealundersubsection(1),anylicence,authorisation,notice,
|
| 1684 |
+
orotherlawfulactissuedordoneundertherepealedenactment,andinforce
|
| 1685 |
+
immediatelybeforethecomingintoforceofthisAct,shall,totheextentthatit
|
| 1686 |
+
isnotinconsistentwiththisAct,bedeemedtohavebeenissuedordoneunder
|
| 1687 |
+
thisActandshallcontinueinforceuntilitisrevoked,reviewed,cancelled,
|
| 1688 |
+
terminated,orexpires.
|
| 1689 |
+
(3)TheActshallnotaffecttherepealedenactmentintheoperationofoffences
|
| 1690 |
+
committed,penaltiesimposedorproceedingscommencedbeforethecoming
|
| 1691 |
+
intoforceofthisAct.
|
| 1692 |
+
Modificationofexistingenactments
|
| 1693 |
+
87.(1)TheprovisionsofanyenactmentrelevanttothisActandinexistence
|
| 1694 |
+
beforethecomingintoforceofthisActshallhaveeffectsubjecttosuch
|
| 1695 |
+
modificationsnecessarytogiveeffecttothisAct.
|
| 1696 |
+
(2)Wherethereisaconflictorinconsistencybetweentheprovisionsofthis
|
| 1697 |
+
ActandanyotherenactmentrelevanttothisAct,theprovisionsofthisAct
|
| 1698 |
+
shallprevail.
|
| 1699 |
+
TransitionalProvisions
|
| 1700 |
+
88.(1)Alicence,frequencyauthorisation,permitorcertificateissuedbythe
|
| 1701 |
+
NationalCommunicationsAuthorityinrespectofelectroniccommunications,
|
| 1702 |
+
spectrum,orbroadcastingservicesshallremainvaliduntilitisrevoked,
|
| 1703 |
+
cancelled,terminatedbytheAuthority,orexpiresinaccordancewithitsterms.
|
| 1704 |
+
(2)LicenseesandentitiessubjecttonewobligationsunderthisActshallbe
|
| 1705 |
+
givenaperiodoftwelvemonthsfromthecommencementofthisAct,orsuch
|
| 1706 |
+
longerperiodasmaybeprescribedbytheMinister,tobringtheiroperations
|
| 1707 |
+
intofullcompliance.
|
| 1708 |
+
*DateofGazettenotification:
|
assets/example_bills/electronic-transactions-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:15:16.085007+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://nita.gov.gh/wp-content/uploads/2025/NITA-ETA-public-consultation-2025.pdf",
|
| 6 |
+
"document_hash": "bd90a4cffe2973adbb007e64b50ab9636e9bed68c7cc2f80370c74dacd689e4f",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/emerging-technologies-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,76 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Emerging Technologies Bill, 2025 establishes a centralized agency to oversee the development, adoption, and ethical use of emerging technologies in Ghana. It creates the Emerging Technologies Agency (ETA) with broad functions spanning research, education, infrastructure, and regulation, while embedding principles like data protection, consumer rights, and environmental safeguards. The bill delegates enforcement to existing regulatory bodies but introduces new governance structures and oversight mechanisms.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Emerging Technologies Agency (ETA) as a corporate body with powers to regulate and promote emerging technologies.",
|
| 5 |
+
"Outlines the ETA\u2019s functions: advising government, fostering innovation, educating the public, and ensuring ethical use of technologies like AI, blockchain, IoT, and quantum computing.",
|
| 6 |
+
"Creates a Board of governance with members from government, private sector, and civil society, subject to term limits and transparency rules.",
|
| 7 |
+
"Requires the ETA to develop guidelines, standards, and codes of practice for emerging technologies.",
|
| 8 |
+
"Imposes general principles (e.g., non-discrimination, data protection, environmental safeguards) that apply to all emerging technology systems.",
|
| 9 |
+
"Assigns enforcement of these principles to existing regulatory bodies (e.g., Data Protection Authority, Cybersecurity Authority) with administrative penalties for violations."
|
| 10 |
+
],
|
| 11 |
+
"implementation": [
|
| 12 |
+
{
|
| 13 |
+
"stakeholder": "Emerging Technologies Agency (ETA)",
|
| 14 |
+
"obligation": "Develop and enforce guidelines for emerging technologies, coordinate with public institutions, and manage divisions focused on AI, blockchain, IoT, etc.",
|
| 15 |
+
"implementation_burden": "Requires significant resource allocation, inter-agency coordination, and capacity-building to meet its broad mandate.",
|
| 16 |
+
"risk_or_note": "Potential overlap with existing regulatory bodies may create confusion or inefficiencies."
|
| 17 |
+
},
|
| 18 |
+
{
|
| 19 |
+
"stakeholder": "Board members of the ETA",
|
| 20 |
+
"obligation": "Adhere to disclosure rules, attend meetings, and ensure strategic oversight of the ETA\u2019s operations.",
|
| 21 |
+
"implementation_burden": "Time-intensive governance responsibilities, including conflict-of-interest disclosures and quorum requirements.",
|
| 22 |
+
"risk_or_note": "Vacancies or non-compliance with term limits could delay decision-making."
|
| 23 |
+
},
|
| 24 |
+
{
|
| 25 |
+
"stakeholder": "Private sector (startups, SMEs, developers)",
|
| 26 |
+
"obligation": "Comply with ETA guidelines, data protection laws, and consumer protection requirements for emerging technology products/services.",
|
| 27 |
+
"implementation_burden": "Costs of adapting to new standards, potential delays in product launches, and compliance with data governance frameworks.",
|
| 28 |
+
"risk_or_note": "Smaller firms may struggle with resource constraints to meet regulatory expectations."
|
| 29 |
+
},
|
| 30 |
+
{
|
| 31 |
+
"stakeholder": "Public institutions",
|
| 32 |
+
"obligation": "Adopt emerging technologies in public services and collaborate with the ETA on data sharing and infrastructure development.",
|
| 33 |
+
"implementation_burden": "Need to modernize systems, train staff, and align with ETA\u2019s strategic priorities.",
|
| 34 |
+
"risk_or_note": "May face resistance from legacy systems or bureaucratic inertia."
|
| 35 |
+
}
|
| 36 |
+
],
|
| 37 |
+
"critique": [
|
| 38 |
+
{
|
| 39 |
+
"issue": "Ambiguity in enforcement coordination",
|
| 40 |
+
"why_it_matters": "The bill assigns enforcement of principles to multiple existing agencies without clarifying how they will coordinate with the ETA, risking regulatory fragmentation.",
|
| 41 |
+
"recommendation": "The bill should include a mechanism for inter-agency collaboration and conflict resolution to avoid duplication or gaps in oversight."
|
| 42 |
+
},
|
| 43 |
+
{
|
| 44 |
+
"issue": "Lack of funding mechanisms",
|
| 45 |
+
"why_it_matters": "While the ETA\u2019s funds are listed as including parliamentary approvals and donations, there is no explicit provision for guaranteed funding or budgetary allocation.",
|
| 46 |
+
"recommendation": "The bill should specify a funding formula or allocate a portion of the national budget to the ETA to ensure operational sustainability."
|
| 47 |
+
},
|
| 48 |
+
{
|
| 49 |
+
"issue": "Over-reliance on self-regulation",
|
| 50 |
+
"why_it_matters": "The ETA\u2019s powers to issue guidelines and standards are not enforceable through direct penalties, relying instead on existing agencies for enforcement.",
|
| 51 |
+
"recommendation": "The bill should grant the ETA direct enforcement authority or clarify how penalties will be applied consistently across sectors."
|
| 52 |
+
}
|
| 53 |
+
],
|
| 54 |
+
"swot": {
|
| 55 |
+
"strengths": [
|
| 56 |
+
"Centralized governance structure to streamline emerging technology policy and innovation.",
|
| 57 |
+
"Focus on inclusive education and skills development to address digital divides.",
|
| 58 |
+
"Integration of ethical and environmental safeguards into technology deployment."
|
| 59 |
+
],
|
| 60 |
+
"weaknesses": [
|
| 61 |
+
"Potential overlap with existing regulatory bodies may lead to inefficiencies.",
|
| 62 |
+
"No clear funding mechanism for the ETA\u2019s operations.",
|
| 63 |
+
"Broad mandates without specific implementation timelines or metrics for success."
|
| 64 |
+
],
|
| 65 |
+
"opportunities": [
|
| 66 |
+
"Enhanced international cooperation through the ETA\u2019s cross-border technology initiatives.",
|
| 67 |
+
"Growth of Ghana\u2019s tech ecosystem via support for startups and SMEs.",
|
| 68 |
+
"Improved public services through mandated adoption of emerging technologies."
|
| 69 |
+
],
|
| 70 |
+
"threats": [
|
| 71 |
+
"Regulatory burden on small businesses and developers due to compliance requirements.",
|
| 72 |
+
"Risk of stifling innovation if guidelines become overly prescriptive.",
|
| 73 |
+
"Potential misuse of emerging technologies if oversight mechanisms are not robustly implemented."
|
| 74 |
+
]
|
| 75 |
+
}
|
| 76 |
+
}
|
assets/example_bills/emerging-technologies-bill-2025/chunks.json
ADDED
|
@@ -0,0 +1,18 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
[
|
| 2 |
+
"EMERGING TECHNOLOGIES BILL, 2025\n1\nARRANGEMENT OF SECTIONS\nSection\nEmerging Technologies Agency\n1. Establishment of the Agency\n2. Object of the Agency\n3. Functions of the Agency\n4. Powers of the Agency\n5. Governance of the Governing body of the Agency\n6. Functions of the Board\n7. Tenure of office of members\n8. Meetings of the Board\n9. Disclosure of interest\n10. Establishment of committees\n11. Allowances\n12. Ministerial directives\nAdministration\n13. Divisions\n14. Appointment of Chief Executive Officer\n15. Functions of the Chief Executive Officer\n16. Appoint of the Deputy Chief Executive Officer\n17. Other staff\nFinancials\n18. Funds of the Agency\n19. Accounts and Audits\n20. Annual reports and other reports\nGuiding General Principles\n21. Integrity of democratic processes and the rule of law\n22. Discrimination and bias\n23. Transparency and oversight\n24. Personal data protection\n25. Consumer protection\n26. Accountability and responsibility\n27. Reliability\n28. Risk and impact management\n29. Human oversights\n30. Misinformation and disinformation\n31. Security\n32. Environmental safeguards\n33. Intellectual Property\n34. Right to Redress\n35. Enforcement\n36. Regulations\n37. Interpretation\nEMERGING TECHNOLOGIES BILL, 2025\n2\nA\nBILL\nENTITLED\nEMERGING TECHNOLOGIES BILL, 2025\nA BILL to establish the Emerging Technologies Agency to advance and facilitate the\nadoption of emerging technologies; to promote research, innovation and\ndevelopment of emerging technology tool s; to deploy emerging technology to\nincrease social and economic productivity; to provide a harmonised a body of rules\non emerging technology obligations, rights, ethics and safety, and for related matters.\nEmerging Technologies Agency\nEstablishment of the Emerging Technologies Agency\n1. (1) There is established by this Act the Emerging Technologies Agency as a body\ncorporate.",
|
| 3 |
+
"increase social and economic productivity; to provide a harmonised a body of rules\non emerging technology obligations, rights, ethics and safety, and for related matters.\nEmerging Technologies Agency\nEstablishment of the Emerging Technologies Agency\n1. (1) There is established by this Act the Emerging Technologies Agency as a body\ncorporate.\n(2) For the performance of functions, the Agency may acquire and hold property,\ndispose of property and enter into a contract or any other related transaction.\n(3) Where there is a hindrance to the acquisition of land, the land may be acquired for\nthe Agency under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Agency.\nEMERGING TECHNOLOGIES BILL, 2025\n3\nObject of the Agency\n2. The objects of the Agency are to:\n(a) advance and facilitate the adoption of emerging technology in the country;\n(b) promote research, innovation and development of emerging technology tools in the\ncountry;\n(c) deploy emerging technology to increase social and economic productivity;\n(d) provide a harmonised a body of rules on rights related to risks ethics and safety;\n(e) create awareness of emerging technology;\n(e) promote cross -border transfer of emerging -technology -based goods and services\nfor the international development, marketing and use of systems;\n(f) ensure that activities related to emerging technology and emerging technology\nsystems are consistent with human rights, democracy and the rule of law.\nFunctions of the Agency\n3. To achieve the objects under section 2, the Agency shall:\n(a) advise the Government and public institutions on all matters related to emerging\ntechnology in the country;\n(b) optimise emerging technology for economic development of the country;",
|
| 4 |
+
"Functions of the Agency\n3. To achieve the objects under section 2, the Agency shall:\n(a) advise the Government and public institutions on all matters related to emerging\ntechnology in the country;\n(b) optimise emerging technology for economic development of the country;\n(c) ensure efficiency within the emerging technology value chain by promoting\nresearch, creativity and innovation;\n(d) promote an emerging technology curriculum, an emerging technology -based\ncurriculum and emerging technology education, particularly through inclusive\neducational programmes, to expand emerging technology knowledge and to\nincrease the number of graduates, ac ademics, practitioners and professionals with\nexpertise in emerging technology and related disciplines in data science, data\nengineering, computer science, among others;\n(e) equip people, especially underserved and unserved communities, with skills in\nemerging technology to promote technological agency and awareness;\n(f) empower the youth with skills and tools to broaden their participation in the\nemerging technology value chain for, job creation opportunities, involvement in\nthe digital economy, and the digital development of the economy;\nEMERGING TECHNOLOGIES BILL, 2025\n4\n(g) develop digital infrastructure to build robust emerging technology systems for\naffordable access for all persons;\n(h) promote the adoption of emerging technology in the public sector and for public\nservices;\n(i) to create a conducive and investment -ready environment for private organisations,\nstart-ups and innovative companies in the emerging technology industry;\n(j) encourage competitiveness in the development of emerging technology tools and\nsystems;\n(k) facilitate data access, data availability and data governance across institutions for\nthe advancement of emerging technology, while safeguarding citizens\u2019 privacy,\nsecurity and rights in accordance with the Data Protection Act;",
|
| 5 |
+
"(j) encourage competitiveness in the development of emerging technology tools and\nsystems;\n(k) facilitate data access, data availability and data governance across institutions for\nthe advancement of emerging technology, while safeguarding citizens\u2019 privacy,\nsecurity and rights in accordance with the Data Protection Act;\n(l) build and coordinate an emerging technology community for the sharing of\nknowledge, creating synergies, and development of emerging technology;\n(m) accelerate the adoption of emerging technology in key sectors of the economy\nincluding healthcare, agriculture, transportation, energy, lands and natural\nresources and financial services;\n(n) encourage investments in the emerging technology eco -system to provide for\nsustainable development of emerging technology;\n(o) deploy strategies to implement research findings towards the promotion of\nemerging technology;\n(p) establish guidelines, standards and codes of practice for risk -protected, healthy,\nsafe, ethical and practical use of emerging technology;\n(q) address product safety, privacy and consumer protection challenges and\nopportunities presented by emerging technology;\n(r) provide technical support for emerging technology developers;\n(s) promote international cooperation with respect to emerging technology; and\n(t) perform any other functions which are ancillary to the objects of the Agency.\nPowers of the Agency\n4. (1) The Agency shall determine the nature, process and undertakings necessary for the\neffective performance of its functions under this Act.\nEMERGING TECHNOLOGIES BILL, 2025\n5\n(2) The Agency is granted the power to:\n(a) issue regulations, rules, directives and guidelines under this Act;\n(b) facilitate conciliation, mediation and negotiation on disputes arising from this\nAct; and\n(c) make any determination as the Agency finds just and equitable.\nGovernance of the Governing body of the Agency",
|
| 6 |
+
"(a) issue regulations, rules, directives and guidelines under this Act;\n(b) facilitate conciliation, mediation and negotiation on disputes arising from this\nAct; and\n(c) make any determination as the Agency finds just and equitable.\nGovernance of the Governing body of the Agency\n5. The governing body of the Agency is a Board consisting of\n(a) a chairperson;\n(b) one representative from the following;\n(i) The Ministry not below the rank of a Chief Director;\n(ii) Data Protection Commission not below the rank of Deputy Director -General;\n(iii) National Information Technology Agency not below the rank of Deputy\nDirector -General;\n(c) one representative nominated by the Industry Forum;\n(d) one representative from the Accra Digital Centre;\n(e) two other persons nominated by the President on the advice of the Minister, at least\none of whom is a woman; and\n(f) Chief Executive Officer of the Agency.\nFunctions of the Board\n6. The Board shall, subject to the provisions of this Act,\n(a) have oversight responsibility for the Agency;\n(b) be responsible for the strategic direction and policies of the Agency; and\n(c) ensure the efficient and effective performance of the functions of the Agency.\nTenure of office of members\n7. (1) A member of the Board shall hold office for a period not exceeding three years and\nis eligible for re -appointment but a member shall not be appointed for more than two\nterms.\n(2) Subsection (1) does not apply to the Chief Executive Officer of the Agency.\nEMERGING TECHNOLOGIES BILL, 2025\n6\n(3) A member of the Board may at any time resign from office in writing addressed to",
|
| 7 |
+
"terms.\n(2) Subsection (1) does not apply to the Chief Executive Officer of the Agency.\nEMERGING TECHNOLOGIES BILL, 2025\n6\n(3) A member of the Board may at any time resign from office in writing addressed to\nthe President through the Minister.\n(4) A member of the Board, other than the Chief Executive Officer who is absent from\nthree consecutive meetings of the Board without sufficient cause ceases to be a member\nof the Board.\n(5) The President may by letter addressed to a member revoke the appointment of that\nmember.\n(6) Where a member of the Board is, for a sufficient reason, unable to act as a member,\nthe Minister shall determine whether the inability would result in the declaration of a\nvacancy.\n(7) Where there is a vacancy\n(a) under subsection (3) or (4);\n(b) as a result of a declaration under subsection (6); or\n(c) by reason of the death of a member the Minister shall notify the President of\nthe vacancy and the President shall appoint a person to fill the vacancy.\nMeetings of the Board\n8. (1) The Board shall meet at least once every three months for the dispatch of business\nat the times and in the places determined by the chairperson.\n(2) The chairperson shall at the request in writing of not less than one -third of the\nmembership of the Board convene an extraordinary meeting of the Board at the place and\ntime determined by the chairperson.\n(3) The quorum at a meeting of the Board is seven members of the Board or a greater\nnumber determined by the Board in respect of an important matter.",
|
| 8 |
+
"membership of the Board convene an extraordinary meeting of the Board at the place and\ntime determined by the chairperson.\n(3) The quorum at a meeting of the Board is seven members of the Board or a greater\nnumber determined by the Board in respect of an important matter.\n(4) The chairperson shall preside at meetings of the Board and in the absence of the\nchairperson, a member of the Board elected by the members present from among their\nnumber shall preside.\n(5) Matters before the Board shall be decided by a majority of the members present\nand voting and in the event of an equality of votes, the person presiding shall have a casting\nvote.\n(6) The Board may co -opt a person to attend a Board meeting but that person shall not\nvote on a matter for decision at the meeting.\nEMERGING TECHNOLOGIES BILL, 2025\n7\nDisclosure of interest\n9. (1) A member of the Board who has an interest in a matter for consideration\n(a) shall disclose the nature of the interest and the disclosure shall form part\nof the record of the consideration of the matter; and\n(b) shall not participate in the deliberations of the Board in respect of that\nmatter.\n(2) A member ceases to be a member of the Board if that member has an interest on\na matter before the Board and\n(a) fails to disclose that interest; or\n(b) participates in the deliberations of the Board in respect of the matter.\nEstablishment of committees\n10. (1) The Board may establish committees consisting of members of the Board or non -\nmembers or both to perform a function.\n(2) A committee of the Board may be chaired by a member of the Board.",
|
| 9 |
+
"Establishment of committees\n10. (1) The Board may establish committees consisting of members of the Board or non -\nmembers or both to perform a function.\n(2) A committee of the Board may be chaired by a member of the Board.\n(3) Section 8 applies to members of committees of the Board.\nAllowances\n11. Members of the Board and members of a committee of the Board shall be paid the\nallowances approved by the Minister in consultation with the Minister responsible for\nFinance.\nMinisterial directives\n12. The Minister may give directives to the Board on matters of policy.\nAdministration\nDivisions of the Agency\n13. (1) There shall be established the following divisions of the Agency for the purpose\nof its functions:\n(a) Artificial Intelligence Division\n(b) Blockchain -based technology Division\nEMERGING TECHNOLOGIES BILL, 2025\n8\n(c) Internet of Things (IoT) Division\n(d) Cloud technology Division\n(e) Quantum computing Division\n(2) The Board shall establish such other divisions of the Agency for the effective and\nefficient discharge of the functions of the Agency.\nAppointment of Chief Executive Officer\n14. (1) The President shall, in accordance with article 195 of the Constitution, appoint a\nChief Executive Officer for the Agency.\n(2) The Chief Executive Officer shall hold office on the terms and conditions specified\nin the letter of appointment.\n(3) The Chief Executive Officer shall not be subject to suspension or dismissal by any\nAgency during his or her term.\n(4) The Chief Executive Officer shall be a person of high moral character and integrity\nwith the relevant professional qualifications and experience related to the functions of the\nAgency.\nFunctions of the Chief Executive Officer\n15. (1) The Chief Executive Officer is responsible for",
|
| 10 |
+
"Agency during his or her term.\n(4) The Chief Executive Officer shall be a person of high moral character and integrity\nwith the relevant professional qualifications and experience related to the functions of the\nAgency.\nFunctions of the Chief Executive Officer\n15. (1) The Chief Executive Officer is responsible for\n(a) the day -to-day administration of the affairs of the Agency and is answerable\nto the Board in the performance of functions under this Act, and\n(b) the implementation of the decisions of the Board.\n(2) The Chief Executive Officer shall perform any other functions determined by the\nBoard.\n(3) The Chief Executive Officer may delegate a function to an officer of the Agency\nbut shall not be relieved of the ultimate responsibility for the performance of the delegated\nfunction.\nAppointment of Deputy Chief Executive Officer\n16. (1) The President shall, in accordance with article 195 of the Constitution appoint a\nDeputy Chief Executive Officer for the Agency.\nEMERGING TECHNOLOGIES BILL, 2025\n9\n(2) The Deputy Chief Executive Officer shall hold office on such terms and conditions\nas shall be specified in his letter of appointment.\n(3) The Deputy Chief Executive Officer shall be responsible to the Chief Executive\nOfficer in the performance of his functions under this Act.\n(4) The Deputy Chief Executive Officer shall, subject to the provisions of this Act\n(a) assist the Chief Executive Officer in the discharge of his functions and perform\nsuch other functions as the Director General may delegate to him; and\n(b) be responsible for the direction of the Agency when the Chief Executive\nOfficer is absent from Ghana or is otherwise unable to perform his functions.\nAppointment of other staff\n17. (1) The President shall, in accordance with article 195 of the Constitution, appoint",
|
| 11 |
+
"(b) be responsible for the direction of the Agency when the Chief Executive\nOfficer is absent from Ghana or is otherwise unable to perform his functions.\nAppointment of other staff\n17. (1) The President shall, in accordance with article 195 of the Constitution, appoint\nany other staff of the Agency that are necessary for the efficient and effective performance\nof the functions of the Agency.\n(2) Other public officers may be transferred or seconded to the Agency or may give\nassistance to the Agency.\n(3) The Agency may, for the efficient and effective discharge of the functions of the\nAgency, engage the services of consultants and advisors on the recommendation of the\nBoard.\nFinances of the Agency\nFunds of the Agency\n18. The funds of the Agency include\n(a) moneys approved by Parliament;\n(b) grants and donations;\n(c) internally generated funds; and\n(d) any other moneys that are approved by the Minister responsible for Finance.\nAccounts and audit\n19. (1) The Board shall keep books of accounts and proper records in relation to them in\nthe form approved by the Auditor -General.\n(2) The Board shall submit the accounts of the Agency to the Auditor -General for audit\nwithin three months after the end of the financial year.\nEMERGING TECHNOLOGIES BILL, 2025\n10\n(3) The Auditor -General shall, not later than three months after the receipt of the\naccounts, audit the accounts and forward a copy of the audit report to the Minister.\nAnnual report and other reports\n20. (1) The Board shall within one month after the receipt of the audit report, submit an\nannual report to the Minister covering the activities and the operations of the Agency for\nthe year to which the report relates.",
|
| 12 |
+
"Annual report and other reports\n20. (1) The Board shall within one month after the receipt of the audit report, submit an\nannual report to the Minister covering the activities and the operations of the Agency for\nthe year to which the report relates.\n(2) The annual report shall include the report of the Auditor -General.\n(3) The Minister shall, within one month after the receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessary.\n(4) The Board shall also submit to the Minister any other reports, which the Minister\nmay require in writing.\nGeneral Guiding Principles\nIntegrity of democratic processes and the rule of law\n21. Emerging technology systems shall not be used to undermine the integrity,\nindependence and effectiveness of elections and governance, democratic institutions and\nprocesses.\nDiscrimination and bias\n22. Emerging technology systems, shall not be used to perpetuate algorithmic biases,\ndiscriminations, and human biases, regardless of one\u2019s background or characteristics.\nTransparency and oversight\n23. Emerging technology systems shall ensure adequate transparency and oversight\nrequirements tailored to the specific contexts and that risks are in place in respect of\nactivities within the lifecycle of emerging technology systems, including with regard to the\nidentification of content generated by emerging technology systems.\nPersonal data protection\n24. Emerging technology systems that process personal data shall comply with the\nobligations under the Data Protection Act.\nConsumer protection\nEMERGING TECHNOLOGIES BILL, 2025\n11\n25. Any person supplying a product or service involving emerging technology shall give\nconsumers clear and unambiguous warnings, labelling and opportunities to give or\nwithhold informed consent.\nAccountability and responsibility\n26. Emerging technology system should provide accountability and responsibility for\nadverse impacts on human rights, democracy and the rule of law resulting from activities",
|
| 13 |
+
"consumers clear and unambiguous warnings, labelling and opportunities to give or\nwithhold informed consent.\nAccountability and responsibility\n26. Emerging technology system should provide accountability and responsibility for\nadverse impacts on human rights, democracy and the rule of law resulting from activities\nwithin the lifecycle of emerging technology systems.\nReliability\n27. Emerging technology systems should be robust and reliable, meaning they should\nbe able to handle unexpected inputs, errors, and malicious attacks, through rigorous testing,\nmonitoring, and safeguards to ensure the safety and security of emerging technology\nsystems.\nRisk and impact management\n28. Emerging technology systems must adopt or maintain measures for the\nidentification, assessment, prevention and mitigation of risks posed by emerging\ntechnology systems by considering actual and potential impacts to human rights,\ndemocracy and the rule of l aw.\nHuman oversights\n29. Human intervention, interface or review shall be necessary for emerging technology\ndecisions that substantially affect the rights of persons, including decisions related to\nhealth, law enforcement, employment and elections.\nMisinformation and disinformation\n30. Emerging technology systems shall not spread false information including emerging\ntechnology -generated misinformation and disinformation.\nSecurity\n31. Emerging technology systems should provide robust security protection of its cyber\nsystem.\nEnvironmental safeguards\nEMERGING TECHNOLOGIES BILL, 2025\n12\n32. Developers of emerging technology systems, particularly those requiring extensive\nenergy consumption and likelihood of increased carbon -dioxide emissions, leading to\nmassive introduction of electronic waste should ensure environmental safeguards.\nIntellectual Property\n33. Developers of emerging technology and emerging technology systems should be\nentitled to intellectual property rights in accordance with the existing laws.\nRight to Redress\n34. Notwithstanding section 35(2), a person shall have a right of redress for breach of",
|
| 14 |
+
"Intellectual Property\n33. Developers of emerging technology and emerging technology systems should be\nentitled to intellectual property rights in accordance with the existing laws.\nRight to Redress\n34. Notwithstanding section 35(2), a person shall have a right of redress for breach of\nany provision of this Act in Court.\nMiscellaneous\nEnforcement\n35. (1) For the time being and until such time as the Minister may direct, the following\nregulatory bodies shall monitor and enforce compliance in accordance with the general\nguiding principles and subsection (2):\n(a) the Electoral Commission of Ghana shall be responsible for section 20;\n(b) the Commission on Human Rights and Administrative Justice shall be\nresponsible for section 21, and where appropriate, the Ministry in charge of\nlabour affairs or the National Labour Commission shall be responsible for\nsection 21;\n(c) the National Information Technology Agency shall be responsible for section\n22;\n(d) the Data Protection Authority shall be responsible for section 23;\n(e) the Ghana Standards Authority, Foods and Drugs Authority shall be\nresponsible for section 24, and depending on the sector, the applicable\nregulatory body shall also be responsible for section 24;\n(f) the Commission on Human Rights and Administrative Justice shall be\nresponsible for section 25;\n(g) the National Information Technology Agency shall be responsible for section\n26;\n(h) the Cybersecurity Authority shall be responsible for section 27;\nEMERGING TECHNOLOGIES BILL, 2025\n13\n(i) depending on the sector, the applicable ministry or regulatory body shall also\nbe responsible for section 28;\n(j) the National Communications Authority, Ghana Standards Authority and\nFoods and Drugs Authority and Data Protection Authority shall be\nresponsible for section 29, and depending on the sector, the applicable",
|
| 15 |
+
"13\n(i) depending on the sector, the applicable ministry or regulatory body shall also\nbe responsible for section 28;\n(j) the National Communications Authority, Ghana Standards Authority and\nFoods and Drugs Authority and Data Protection Authority shall be\nresponsible for section 29, and depending on the sector, the applicable\nregulatory body, shall also be responsible for sec tion 29;\n(k) the Cybersecurity Authority shall be responsible for section 30;\n(l) the Environmental Protection Agency shall be responsible for section 31; and\n(m) the Registrar General\u2019s Department, Ghana Patent Registry and the Copyright\nOffice shall be responsible for section 32.\n(2) Without prejudice to other penalties under any other enactment or law, a person\nwho breaches any of the guiding principles under this Act shall be liable to an\nadministrative penalty of not less than one thousand penalty units and not more than five\nthous and penalty units, depending on the severity of the infraction.\nRegulations\n36. The Minister may, by legislative instrument, make Regulations:\n(a) on specific matters relating to enforcement and compliance of the general\nguiding principles;\n(b) on specific measures related to penalties for breach of the Act;\n(c) to prescribe the procedure for collaboration with other public institutions;\n(d) to prescribe matters related to administrative decision -making;\n(e) on codes of practice;\n(f) generally, on matters for the effective implementation of the Act.\nInterpretation\n37. In this Act, unless the context otherwise requires,\n\u201calgorithm\u201d means a set of instructions designed to accomplish a task;\n\u201cartificial intelligence\u201d means technology that enables computers and machines to simulate\nhuman learning, comprehension, problem solving, decision -making, creativity and\nautonomy;",
|
| 16 |
+
"Interpretation\n37. In this Act, unless the context otherwise requires,\n\u201calgorithm\u201d means a set of instructions designed to accomplish a task;\n\u201cartificial intelligence\u201d means technology that enables computers and machines to simulate\nhuman learning, comprehension, problem solving, decision -making, creativity and\nautonomy;\n\u201cblock -chain based technology\u201d means an advanced decentralised digital record or digital\nledger of transactions, that enables recording of transactions, tracking of assets, and\nsharing of records across computer networks in a transparent and immutable way;\n\u201cCourt\u201d means High Court of Ghana;\n\u201ccloud technology\u201d means technology that delivers computing services and offers on -\ndemand access to computing resources such as physical or virtual services, data\nEMERGING TECHNOLOGIES BILL, 2025\n14\nstorage, servers, databases, networking, intelligence, analytics, and software over the\ninternet;\u201d\n\u201cemerging technology\u201d means novel or evolving systems, tools or methods that have\ntransformative impacts ndustry, society, economy, and governance, and include but\nis not limited to:\n(a) Artificial Intelligence\n(b) Blockchain -based technology\n(c) Internet of Things (IoT)\n(d) Cloud technology\n(e) Quantum computing\n\u201cemerging technology systems\u201d means newly developed or evolving technological systems\nof emerging technology that integrate automation, data processing, connectivity, and\nintelligence.\n\u201cInternet of Things (IoT)\u201d means a network of interrelated physical devices, vehicles,\nappliances and other physical objects that connect and exchange data with other\ndevices and the cloud across wireless networks, and are typically embedded with\nsensors, processing ability and software and can include mechanical and digital\nmachines and consumer objects;\u201d\n\u201cMinister\u201d means Minister responsible for Communication, Digital Technology and\nInnovations;",
|
| 17 |
+
"appliances and other physical objects that connect and exchange data with other\ndevices and the cloud across wireless networks, and are typically embedded with\nsensors, processing ability and software and can include mechanical and digital\nmachines and consumer objects;\u201d\n\u201cMinister\u201d means Minister responsible for Communication, Digital Technology and\nInnovations;\n\u201cMinistry\u201d means Ministry of Communication, Digital Technology and Innovations;\n\u201cquantum computing\u201d means technology that solves complex problems based on\nprinciples of quantum mechanics."
|
| 18 |
+
]
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|
| 1 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 2 |
+
1
|
| 3 |
+
ARRANGEMENT OF SECTIONS
|
| 4 |
+
Section
|
| 5 |
+
Emerging Technologies Agency
|
| 6 |
+
1. Establishment of the Agency
|
| 7 |
+
2. Object of the Agency
|
| 8 |
+
3. Functions of the Agency
|
| 9 |
+
4. Powers of the Agency
|
| 10 |
+
5. Governance of the Governing body of the Agency
|
| 11 |
+
6. Functions of the Board
|
| 12 |
+
7. Tenure of office of members
|
| 13 |
+
8. Meetings of the Board
|
| 14 |
+
9. Disclosure of interest
|
| 15 |
+
10. Establishment of committees
|
| 16 |
+
11. Allowances
|
| 17 |
+
12. Ministerial directives
|
| 18 |
+
Administration
|
| 19 |
+
13. Divisions
|
| 20 |
+
14. Appointment of Chief Executive Officer
|
| 21 |
+
15. Functions of the Chief Executive Officer
|
| 22 |
+
16. Appoint of the Deputy Chief Executive Officer
|
| 23 |
+
17. Other staff
|
| 24 |
+
Financials
|
| 25 |
+
18. Funds of the Agency
|
| 26 |
+
19. Accounts and Audits
|
| 27 |
+
20. Annual reports and other reports
|
| 28 |
+
Guiding General Principles
|
| 29 |
+
21. Integrity of democratic processes and the rule of law
|
| 30 |
+
22. Discrimination and bias
|
| 31 |
+
23. Transparency and oversight
|
| 32 |
+
24. Personal data protection
|
| 33 |
+
25. Consumer protection
|
| 34 |
+
26. Accountability and responsibility
|
| 35 |
+
27. Reliability
|
| 36 |
+
28. Risk and impact management
|
| 37 |
+
29. Human oversights
|
| 38 |
+
30. Misinformation and disinformation
|
| 39 |
+
31. Security
|
| 40 |
+
32. Environmental safeguards
|
| 41 |
+
33. Intellectual Property
|
| 42 |
+
34. Right to Redress
|
| 43 |
+
35. Enforcement
|
| 44 |
+
36. Regulations
|
| 45 |
+
37. Interpretation
|
| 46 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 47 |
+
2
|
| 48 |
+
A
|
| 49 |
+
BILL
|
| 50 |
+
ENTITLED
|
| 51 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 52 |
+
A BILL to establish the Emerging Technologies Agency to advance and facilitate the
|
| 53 |
+
adoption of emerging technologies; to promote research, innovation and
|
| 54 |
+
development of emerging technology tool s; to deploy emerging technology to
|
| 55 |
+
increase social and economic productivity; to provide a harmonised a body of rules
|
| 56 |
+
on emerging technology obligations, rights, ethics and safety, and for related matters.
|
| 57 |
+
Emerging Technologies Agency
|
| 58 |
+
Establishment of the Emerging Technologies Agency
|
| 59 |
+
1. (1) There is established by this Act the Emerging Technologies Agency as a body
|
| 60 |
+
corporate.
|
| 61 |
+
(2) For the performance of functions, the Agency may acquire and hold property,
|
| 62 |
+
dispose of property and enter into a contract or any other related transaction.
|
| 63 |
+
(3) Where there is a hindrance to the acquisition of land, the land may be acquired for
|
| 64 |
+
the Agency under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Agency.
|
| 65 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 66 |
+
3
|
| 67 |
+
Object of the Agency
|
| 68 |
+
2. The objects of the Agency are to:
|
| 69 |
+
(a) advance and facilitate the adoption of emerging technology in the country;
|
| 70 |
+
(b) promote research, innovation and development of emerging technology tools in the
|
| 71 |
+
country;
|
| 72 |
+
(c) deploy emerging technology to increase social and economic productivity;
|
| 73 |
+
(d) provide a harmonised a body of rules on rights related to risks ethics and safety;
|
| 74 |
+
(e) create awareness of emerging technology;
|
| 75 |
+
(e) promote cross -border transfer of emerging -technology -based goods and services
|
| 76 |
+
for the international development, marketing and use of systems;
|
| 77 |
+
(f) ensure that activities related to emerging technology and emerging technology
|
| 78 |
+
systems are consistent with human rights, democracy and the rule of law.
|
| 79 |
+
Functions of the Agency
|
| 80 |
+
3. To achieve the objects under section 2, the Agency shall:
|
| 81 |
+
(a) advise the Government and public institutions on all matters related to emerging
|
| 82 |
+
technology in the country;
|
| 83 |
+
(b) optimise emerging technology for economic development of the country;
|
| 84 |
+
(c) ensure efficiency within the emerging technology value chain by promoting
|
| 85 |
+
research, creativity and innovation;
|
| 86 |
+
(d) promote an emerging technology curriculum, an emerging technology -based
|
| 87 |
+
curriculum and emerging technology education, particularly through inclusive
|
| 88 |
+
educational programmes, to expand emerging technology knowledge and to
|
| 89 |
+
increase the number of graduates, ac ademics, practitioners and professionals with
|
| 90 |
+
expertise in emerging technology and related disciplines in data science, data
|
| 91 |
+
engineering, computer science, among others;
|
| 92 |
+
(e) equip people, especially underserved and unserved communities, with skills in
|
| 93 |
+
emerging technology to promote technological agency and awareness;
|
| 94 |
+
(f) empower the youth with skills and tools to broaden their participation in the
|
| 95 |
+
emerging technology value chain for, job creation opportunities, involvement in
|
| 96 |
+
the digital economy, and the digital development of the economy;
|
| 97 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 98 |
+
4
|
| 99 |
+
(g) develop digital infrastructure to build robust emerging technology systems for
|
| 100 |
+
affordable access for all persons;
|
| 101 |
+
(h) promote the adoption of emerging technology in the public sector and for public
|
| 102 |
+
services;
|
| 103 |
+
(i) to create a conducive and investment -ready environment for private organisations,
|
| 104 |
+
start-ups and innovative companies in the emerging technology industry;
|
| 105 |
+
(j) encourage competitiveness in the development of emerging technology tools and
|
| 106 |
+
systems;
|
| 107 |
+
(k) facilitate data access, data availability and data governance across institutions for
|
| 108 |
+
the advancement of emerging technology, while safeguarding citizens’ privacy,
|
| 109 |
+
security and rights in accordance with the Data Protection Act;
|
| 110 |
+
(l) build and coordinate an emerging technology community for the sharing of
|
| 111 |
+
knowledge, creating synergies, and development of emerging technology;
|
| 112 |
+
(m) accelerate the adoption of emerging technology in key sectors of the economy
|
| 113 |
+
including healthcare, agriculture, transportation, energy, lands and natural
|
| 114 |
+
resources and financial services;
|
| 115 |
+
(n) encourage investments in the emerging technology eco -system to provide for
|
| 116 |
+
sustainable development of emerging technology;
|
| 117 |
+
(o) deploy strategies to implement research findings towards the promotion of
|
| 118 |
+
emerging technology;
|
| 119 |
+
(p) establish guidelines, standards and codes of practice for risk -protected, healthy,
|
| 120 |
+
safe, ethical and practical use of emerging technology;
|
| 121 |
+
(q) address product safety, privacy and consumer protection challenges and
|
| 122 |
+
opportunities presented by emerging technology;
|
| 123 |
+
(r) provide technical support for emerging technology developers;
|
| 124 |
+
(s) promote international cooperation with respect to emerging technology; and
|
| 125 |
+
(t) perform any other functions which are ancillary to the objects of the Agency.
|
| 126 |
+
Powers of the Agency
|
| 127 |
+
4. (1) The Agency shall determine the nature, process and undertakings necessary for the
|
| 128 |
+
effective performance of its functions under this Act.
|
| 129 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 130 |
+
5
|
| 131 |
+
(2) The Agency is granted the power to:
|
| 132 |
+
(a) issue regulations, rules, directives and guidelines under this Act;
|
| 133 |
+
(b) facilitate conciliation, mediation and negotiation on disputes arising from this
|
| 134 |
+
Act; and
|
| 135 |
+
(c) make any determination as the Agency finds just and equitable.
|
| 136 |
+
Governance of the Governing body of the Agency
|
| 137 |
+
5. The governing body of the Agency is a Board consisting of
|
| 138 |
+
(a) a chairperson;
|
| 139 |
+
(b) one representative from the following;
|
| 140 |
+
(i) The Ministry not below the rank of a Chief Director;
|
| 141 |
+
(ii) Data Protection Commission not below the rank of Deputy Director -General;
|
| 142 |
+
(iii) National Information Technology Agency not below the rank of Deputy
|
| 143 |
+
Director -General;
|
| 144 |
+
(c) one representative nominated by the Industry Forum;
|
| 145 |
+
(d) one representative from the Accra Digital Centre;
|
| 146 |
+
(e) two other persons nominated by the President on the advice of the Minister, at least
|
| 147 |
+
one of whom is a woman; and
|
| 148 |
+
(f) Chief Executive Officer of the Agency.
|
| 149 |
+
Functions of the Board
|
| 150 |
+
6. The Board shall, subject to the provisions of this Act,
|
| 151 |
+
(a) have oversight responsibility for the Agency;
|
| 152 |
+
(b) be responsible for the strategic direction and policies of the Agency; and
|
| 153 |
+
(c) ensure the efficient and effective performance of the functions of the Agency.
|
| 154 |
+
Tenure of office of members
|
| 155 |
+
7. (1) A member of the Board shall hold office for a period not exceeding three years and
|
| 156 |
+
is eligible for re -appointment but a member shall not be appointed for more than two
|
| 157 |
+
terms.
|
| 158 |
+
(2) Subsection (1) does not apply to the Chief Executive Officer of the Agency.
|
| 159 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 160 |
+
6
|
| 161 |
+
(3) A member of the Board may at any time resign from office in writing addressed to
|
| 162 |
+
the President through the Minister.
|
| 163 |
+
(4) A member of the Board, other than the Chief Executive Officer who is absent from
|
| 164 |
+
three consecutive meetings of the Board without sufficient cause ceases to be a member
|
| 165 |
+
of the Board.
|
| 166 |
+
(5) The President may by letter addressed to a member revoke the appointment of that
|
| 167 |
+
member.
|
| 168 |
+
(6) Where a member of the Board is, for a sufficient reason, unable to act as a member,
|
| 169 |
+
the Minister shall determine whether the inability would result in the declaration of a
|
| 170 |
+
vacancy.
|
| 171 |
+
(7) Where there is a vacancy
|
| 172 |
+
(a) under subsection (3) or (4);
|
| 173 |
+
(b) as a result of a declaration under subsection (6); or
|
| 174 |
+
(c) by reason of the death of a member the Minister shall notify the President of
|
| 175 |
+
the vacancy and the President shall appoint a person to fill the vacancy.
|
| 176 |
+
Meetings of the Board
|
| 177 |
+
8. (1) The Board shall meet at least once every three months for the dispatch of business
|
| 178 |
+
at the times and in the places determined by the chairperson.
|
| 179 |
+
(2) The chairperson shall at the request in writing of not less than one -third of the
|
| 180 |
+
membership of the Board convene an extraordinary meeting of the Board at the place and
|
| 181 |
+
time determined by the chairperson.
|
| 182 |
+
(3) The quorum at a meeting of the Board is seven members of the Board or a greater
|
| 183 |
+
number determined by the Board in respect of an important matter.
|
| 184 |
+
(4) The chairperson shall preside at meetings of the Board and in the absence of the
|
| 185 |
+
chairperson, a member of the Board elected by the members present from among their
|
| 186 |
+
number shall preside.
|
| 187 |
+
(5) Matters before the Board shall be decided by a majority of the members present
|
| 188 |
+
and voting and in the event of an equality of votes, the person presiding shall have a casting
|
| 189 |
+
vote.
|
| 190 |
+
(6) The Board may co -opt a person to attend a Board meeting but that person shall not
|
| 191 |
+
vote on a matter for decision at the meeting.
|
| 192 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 193 |
+
7
|
| 194 |
+
Disclosure of interest
|
| 195 |
+
9. (1) A member of the Board who has an interest in a matter for consideration
|
| 196 |
+
(a) shall disclose the nature of the interest and the disclosure shall form part
|
| 197 |
+
of the record of the consideration of the matter; and
|
| 198 |
+
(b) shall not participate in the deliberations of the Board in respect of that
|
| 199 |
+
matter.
|
| 200 |
+
(2) A member ceases to be a member of the Board if that member has an interest on
|
| 201 |
+
a matter before the Board and
|
| 202 |
+
(a) fails to disclose that interest; or
|
| 203 |
+
(b) participates in the deliberations of the Board in respect of the matter.
|
| 204 |
+
Establishment of committees
|
| 205 |
+
10. (1) The Board may establish committees consisting of members of the Board or non -
|
| 206 |
+
members or both to perform a function.
|
| 207 |
+
(2) A committee of the Board may be chaired by a member of the Board.
|
| 208 |
+
(3) Section 8 applies to members of committees of the Board.
|
| 209 |
+
Allowances
|
| 210 |
+
11. Members of the Board and members of a committee of the Board shall be paid the
|
| 211 |
+
allowances approved by the Minister in consultation with the Minister responsible for
|
| 212 |
+
Finance.
|
| 213 |
+
Ministerial directives
|
| 214 |
+
12. The Minister may give directives to the Board on matters of policy.
|
| 215 |
+
Administration
|
| 216 |
+
Divisions of the Agency
|
| 217 |
+
13. (1) There shall be established the following divisions of the Agency for the purpose
|
| 218 |
+
of its functions:
|
| 219 |
+
(a) Artificial Intelligence Division
|
| 220 |
+
(b) Blockchain -based technology Division
|
| 221 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 222 |
+
8
|
| 223 |
+
(c) Internet of Things (IoT) Division
|
| 224 |
+
(d) Cloud technology Division
|
| 225 |
+
(e) Quantum computing Division
|
| 226 |
+
(2) The Board shall establish such other divisions of the Agency for the effective and
|
| 227 |
+
efficient discharge of the functions of the Agency.
|
| 228 |
+
Appointment of Chief Executive Officer
|
| 229 |
+
14. (1) The President shall, in accordance with article 195 of the Constitution, appoint a
|
| 230 |
+
Chief Executive Officer for the Agency.
|
| 231 |
+
(2) The Chief Executive Officer shall hold office on the terms and conditions specified
|
| 232 |
+
in the letter of appointment.
|
| 233 |
+
(3) The Chief Executive Officer shall not be subject to suspension or dismissal by any
|
| 234 |
+
Agency during his or her term.
|
| 235 |
+
(4) The Chief Executive Officer shall be a person of high moral character and integrity
|
| 236 |
+
with the relevant professional qualifications and experience related to the functions of the
|
| 237 |
+
Agency.
|
| 238 |
+
Functions of the Chief Executive Officer
|
| 239 |
+
15. (1) The Chief Executive Officer is responsible for
|
| 240 |
+
(a) the day -to-day administration of the affairs of the Agency and is answerable
|
| 241 |
+
to the Board in the performance of functions under this Act, and
|
| 242 |
+
(b) the implementation of the decisions of the Board.
|
| 243 |
+
(2) The Chief Executive Officer shall perform any other functions determined by the
|
| 244 |
+
Board.
|
| 245 |
+
(3) The Chief Executive Officer may delegate a function to an officer of the Agency
|
| 246 |
+
but shall not be relieved of the ultimate responsibility for the performance of the delegated
|
| 247 |
+
function.
|
| 248 |
+
Appointment of Deputy Chief Executive Officer
|
| 249 |
+
16. (1) The President shall, in accordance with article 195 of the Constitution appoint a
|
| 250 |
+
Deputy Chief Executive Officer for the Agency.
|
| 251 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 252 |
+
9
|
| 253 |
+
(2) The Deputy Chief Executive Officer shall hold office on such terms and conditions
|
| 254 |
+
as shall be specified in his letter of appointment.
|
| 255 |
+
(3) The Deputy Chief Executive Officer shall be responsible to the Chief Executive
|
| 256 |
+
Officer in the performance of his functions under this Act.
|
| 257 |
+
(4) The Deputy Chief Executive Officer shall, subject to the provisions of this Act
|
| 258 |
+
(a) assist the Chief Executive Officer in the discharge of his functions and perform
|
| 259 |
+
such other functions as the Director General may delegate to him; and
|
| 260 |
+
(b) be responsible for the direction of the Agency when the Chief Executive
|
| 261 |
+
Officer is absent from Ghana or is otherwise unable to perform his functions.
|
| 262 |
+
Appointment of other staff
|
| 263 |
+
17. (1) The President shall, in accordance with article 195 of the Constitution, appoint
|
| 264 |
+
any other staff of the Agency that are necessary for the efficient and effective performance
|
| 265 |
+
of the functions of the Agency.
|
| 266 |
+
(2) Other public officers may be transferred or seconded to the Agency or may give
|
| 267 |
+
assistance to the Agency.
|
| 268 |
+
(3) The Agency may, for the efficient and effective discharge of the functions of the
|
| 269 |
+
Agency, engage the services of consultants and advisors on the recommendation of the
|
| 270 |
+
Board.
|
| 271 |
+
Finances of the Agency
|
| 272 |
+
Funds of the Agency
|
| 273 |
+
18. The funds of the Agency include
|
| 274 |
+
(a) moneys approved by Parliament;
|
| 275 |
+
(b) grants and donations;
|
| 276 |
+
(c) internally generated funds; and
|
| 277 |
+
(d) any other moneys that are approved by the Minister responsible for Finance.
|
| 278 |
+
Accounts and audit
|
| 279 |
+
19. (1) The Board shall keep books of accounts and proper records in relation to them in
|
| 280 |
+
the form approved by the Auditor -General.
|
| 281 |
+
(2) The Board shall submit the accounts of the Agency to the Auditor -General for audit
|
| 282 |
+
within three months after the end of the financial year.
|
| 283 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 284 |
+
10
|
| 285 |
+
(3) The Auditor -General shall, not later than three months after the receipt of the
|
| 286 |
+
accounts, audit the accounts and forward a copy of the audit report to the Minister.
|
| 287 |
+
Annual report and other reports
|
| 288 |
+
20. (1) The Board shall within one month after the receipt of the audit report, submit an
|
| 289 |
+
annual report to the Minister covering the activities and the operations of the Agency for
|
| 290 |
+
the year to which the report relates.
|
| 291 |
+
(2) The annual report shall include the report of the Auditor -General.
|
| 292 |
+
(3) The Minister shall, within one month after the receipt of the annual report, submit
|
| 293 |
+
the report to Parliament with a statement that the Minister considers necessary.
|
| 294 |
+
(4) The Board shall also submit to the Minister any other reports, which the Minister
|
| 295 |
+
may require in writing.
|
| 296 |
+
General Guiding Principles
|
| 297 |
+
Integrity of democratic processes and the rule of law
|
| 298 |
+
21. Emerging technology systems shall not be used to undermine the integrity,
|
| 299 |
+
independence and effectiveness of elections and governance, democratic institutions and
|
| 300 |
+
processes.
|
| 301 |
+
Discrimination and bias
|
| 302 |
+
22. Emerging technology systems, shall not be used to perpetuate algorithmic biases,
|
| 303 |
+
discriminations, and human biases, regardless of one’s background or characteristics.
|
| 304 |
+
Transparency and oversight
|
| 305 |
+
23. Emerging technology systems shall ensure adequate transparency and oversight
|
| 306 |
+
requirements tailored to the specific contexts and that risks are in place in respect of
|
| 307 |
+
activities within the lifecycle of emerging technology systems, including with regard to the
|
| 308 |
+
identification of content generated by emerging technology systems.
|
| 309 |
+
Personal data protection
|
| 310 |
+
24. Emerging technology systems that process personal data shall comply with the
|
| 311 |
+
obligations under the Data Protection Act.
|
| 312 |
+
Consumer protection
|
| 313 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 314 |
+
11
|
| 315 |
+
25. Any person supplying a product or service involving emerging technology shall give
|
| 316 |
+
consumers clear and unambiguous warnings, labelling and opportunities to give or
|
| 317 |
+
withhold informed consent.
|
| 318 |
+
Accountability and responsibility
|
| 319 |
+
26. Emerging technology system should provide accountability and responsibility for
|
| 320 |
+
adverse impacts on human rights, democracy and the rule of law resulting from activities
|
| 321 |
+
within the lifecycle of emerging technology systems.
|
| 322 |
+
Reliability
|
| 323 |
+
27. Emerging technology systems should be robust and reliable, meaning they should
|
| 324 |
+
be able to handle unexpected inputs, errors, and malicious attacks, through rigorous testing,
|
| 325 |
+
monitoring, and safeguards to ensure the safety and security of emerging technology
|
| 326 |
+
systems.
|
| 327 |
+
Risk and impact management
|
| 328 |
+
28. Emerging technology systems must adopt or maintain measures for the
|
| 329 |
+
identification, assessment, prevention and mitigation of risks posed by emerging
|
| 330 |
+
technology systems by considering actual and potential impacts to human rights,
|
| 331 |
+
democracy and the rule of l aw.
|
| 332 |
+
Human oversights
|
| 333 |
+
29. Human intervention, interface or review shall be necessary for emerging technology
|
| 334 |
+
decisions that substantially affect the rights of persons, including decisions related to
|
| 335 |
+
health, law enforcement, employment and elections.
|
| 336 |
+
Misinformation and disinformation
|
| 337 |
+
30. Emerging technology systems shall not spread false information including emerging
|
| 338 |
+
technology -generated misinformation and disinformation.
|
| 339 |
+
Security
|
| 340 |
+
31. Emerging technology systems should provide robust security protection of its cyber
|
| 341 |
+
system.
|
| 342 |
+
Environmental safeguards
|
| 343 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 344 |
+
12
|
| 345 |
+
32. Developers of emerging technology systems, particularly those requiring extensive
|
| 346 |
+
energy consumption and likelihood of increased carbon -dioxide emissions, leading to
|
| 347 |
+
massive introduction of electronic waste should ensure environmental safeguards.
|
| 348 |
+
Intellectual Property
|
| 349 |
+
33. Developers of emerging technology and emerging technology systems should be
|
| 350 |
+
entitled to intellectual property rights in accordance with the existing laws.
|
| 351 |
+
Right to Redress
|
| 352 |
+
34. Notwithstanding section 35(2), a person shall have a right of redress for breach of
|
| 353 |
+
any provision of this Act in Court.
|
| 354 |
+
Miscellaneous
|
| 355 |
+
Enforcement
|
| 356 |
+
35. (1) For the time being and until such time as the Minister may direct, the following
|
| 357 |
+
regulatory bodies shall monitor and enforce compliance in accordance with the general
|
| 358 |
+
guiding principles and subsection (2):
|
| 359 |
+
(a) the Electoral Commission of Ghana shall be responsible for section 20;
|
| 360 |
+
(b) the Commission on Human Rights and Administrative Justice shall be
|
| 361 |
+
responsible for section 21, and where appropriate, the Ministry in charge of
|
| 362 |
+
labour affairs or the National Labour Commission shall be responsible for
|
| 363 |
+
section 21;
|
| 364 |
+
(c) the National Information Technology Agency shall be responsible for section
|
| 365 |
+
22;
|
| 366 |
+
(d) the Data Protection Authority shall be responsible for section 23;
|
| 367 |
+
(e) the Ghana Standards Authority, Foods and Drugs Authority shall be
|
| 368 |
+
responsible for section 24, and depending on the sector, the applicable
|
| 369 |
+
regulatory body shall also be responsible for section 24;
|
| 370 |
+
(f) the Commission on Human Rights and Administrative Justice shall be
|
| 371 |
+
responsible for section 25;
|
| 372 |
+
(g) the National Information Technology Agency shall be responsible for section
|
| 373 |
+
26;
|
| 374 |
+
(h) the Cybersecurity Authority shall be responsible for section 27;
|
| 375 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 376 |
+
13
|
| 377 |
+
(i) depending on the sector, the applicable ministry or regulatory body shall also
|
| 378 |
+
be responsible for section 28;
|
| 379 |
+
(j) the National Communications Authority, Ghana Standards Authority and
|
| 380 |
+
Foods and Drugs Authority and Data Protection Authority shall be
|
| 381 |
+
responsible for section 29, and depending on the sector, the applicable
|
| 382 |
+
regulatory body, shall also be responsible for sec tion 29;
|
| 383 |
+
(k) the Cybersecurity Authority shall be responsible for section 30;
|
| 384 |
+
(l) the Environmental Protection Agency shall be responsible for section 31; and
|
| 385 |
+
(m) the Registrar General’s Department, Ghana Patent Registry and the Copyright
|
| 386 |
+
Office shall be responsible for section 32.
|
| 387 |
+
(2) Without prejudice to other penalties under any other enactment or law, a person
|
| 388 |
+
who breaches any of the guiding principles under this Act shall be liable to an
|
| 389 |
+
administrative penalty of not less than one thousand penalty units and not more than five
|
| 390 |
+
thous and penalty units, depending on the severity of the infraction.
|
| 391 |
+
Regulations
|
| 392 |
+
36. The Minister may, by legislative instrument, make Regulations:
|
| 393 |
+
(a) on specific matters relating to enforcement and compliance of the general
|
| 394 |
+
guiding principles;
|
| 395 |
+
(b) on specific measures related to penalties for breach of the Act;
|
| 396 |
+
(c) to prescribe the procedure for collaboration with other public institutions;
|
| 397 |
+
(d) to prescribe matters related to administrative decision -making;
|
| 398 |
+
(e) on codes of practice;
|
| 399 |
+
(f) generally, on matters for the effective implementation of the Act.
|
| 400 |
+
Interpretation
|
| 401 |
+
37. In this Act, unless the context otherwise requires,
|
| 402 |
+
“algorithm” means a set of instructions designed to accomplish a task;
|
| 403 |
+
“artificial intelligence” means technology that enables computers and machines to simulate
|
| 404 |
+
human learning, comprehension, problem solving, decision -making, creativity and
|
| 405 |
+
autonomy;
|
| 406 |
+
“block -chain based technology” means an advanced decentralised digital record or digital
|
| 407 |
+
ledger of transactions, that enables recording of transactions, tracking of assets, and
|
| 408 |
+
sharing of records across computer networks in a transparent and immutable way;
|
| 409 |
+
“Court” means High Court of Ghana;
|
| 410 |
+
“cloud technology” means technology that delivers computing services and offers on -
|
| 411 |
+
demand access to computing resources such as physical or virtual services, data
|
| 412 |
+
EMERGING TECHNOLOGIES BILL, 2025
|
| 413 |
+
14
|
| 414 |
+
storage, servers, databases, networking, intelligence, analytics, and software over the
|
| 415 |
+
internet;”
|
| 416 |
+
“emerging technology” means novel or evolving systems, tools or methods that have
|
| 417 |
+
transformative impacts ndustry, society, economy, and governance, and include but
|
| 418 |
+
is not limited to:
|
| 419 |
+
(a) Artificial Intelligence
|
| 420 |
+
(b) Blockchain -based technology
|
| 421 |
+
(c) Internet of Things (IoT)
|
| 422 |
+
(d) Cloud technology
|
| 423 |
+
(e) Quantum computing
|
| 424 |
+
“emerging technology systems” means newly developed or evolving technological systems
|
| 425 |
+
of emerging technology that integrate automation, data processing, connectivity, and
|
| 426 |
+
intelligence.
|
| 427 |
+
“Internet of Things (IoT)” means a network of interrelated physical devices, vehicles,
|
| 428 |
+
appliances and other physical objects that connect and exchange data with other
|
| 429 |
+
devices and the cloud across wireless networks, and are typically embedded with
|
| 430 |
+
sensors, processing ability and software and can include mechanical and digital
|
| 431 |
+
machines and consumer objects;”
|
| 432 |
+
“Minister” means Minister responsible for Communication, Digital Technology and
|
| 433 |
+
Innovations;
|
| 434 |
+
“Ministry” means Ministry of Communication, Digital Technology and Innovations;
|
| 435 |
+
“quantum computing” means technology that solves complex problems based on
|
| 436 |
+
principles of quantum mechanics.
|
assets/example_bills/emerging-technologies-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
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|
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|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:15:56.995846+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MoCDTI-EMERGING-TECHNOLOGIES-DRAFT-BILL-2025-2.pdf",
|
| 6 |
+
"document_hash": "bc89d4f6cbc7703c6e4c31d90426cf4f0f93758b356a01f53316ca22f78ad6f2",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/ghana-domain-name-registry-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,83 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Ghana Domain Name Registry Act, 2025 establishes a centralized, non-profit registry to manage the .gh domain space, mandate its use for entities operating in Ghana, and create governance, licensing, and dispute-resolution frameworks. Key provisions include mandatory .gh domain registration for public-facing digital platforms, a single central registry, licensing of registrars, financial mechanisms for the Registry, and penalties for non-compliance.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Ghana Domain Name Registry as a non-profit body corporate with perpetual succession.",
|
| 5 |
+
"Mandates the use of .gh domains for all entities operating in Ghana, with exemptions for foreign-hosted entities.",
|
| 6 |
+
"Creates a single central registry for .gh domains, prohibiting unauthorized domain management.",
|
| 7 |
+
"Licensing requirements for registrars, including penalties for unlicensed operation.",
|
| 8 |
+
"Imposes financial obligations on the Registry, including tax exemptions and funding from the Digital Economy and Innovation Development Fund.",
|
| 9 |
+
"Establishes a Domain Name Registry Fund to support digital inclusion, capacity building, and internet governance projects.",
|
| 10 |
+
"Provides for dispute resolution mechanisms, including a Dispute Resolution Committee and court-enforceable actions.",
|
| 11 |
+
"Imposes penalties for non-compliance, including fines, license revocation, and exclusion from public procurement."
|
| 12 |
+
],
|
| 13 |
+
"implementation": [
|
| 14 |
+
{
|
| 15 |
+
"stakeholder": "Entities operating in Ghana",
|
| 16 |
+
"obligation": "Register and maintain an active .gh domain for official websites and digital platforms within six months of the Act's enactment.",
|
| 17 |
+
"implementation_burden": "Costs of domain registration, website migration, and compliance with technical requirements.",
|
| 18 |
+
"risk_or_note": "Non-compliance risks fines, license revocation, and exclusion from public procurement."
|
| 19 |
+
},
|
| 20 |
+
{
|
| 21 |
+
"stakeholder": "Registrars",
|
| 22 |
+
"obligation": "Obtain a license from the Registry, adhere to technical and operational standards, and comply with audit and reporting requirements.",
|
| 23 |
+
"implementation_burden": "Application fees, ongoing compliance with Registry directives, and potential suspension/revocation of licenses for misconduct.",
|
| 24 |
+
"risk_or_note": "High penalties for unlicensed operation or non-compliance with Registry rules."
|
| 25 |
+
},
|
| 26 |
+
{
|
| 27 |
+
"stakeholder": "The Ghana Domain Name Registry",
|
| 28 |
+
"obligation": "Administer the .gh domain space, enforce mandatory registration, and manage the Domain Name Registry Fund.",
|
| 29 |
+
"implementation_burden": "Operational costs, governance of the Board, and enforcement of compliance through the Domain Compliance Unit.",
|
| 30 |
+
"risk_or_note": "Potential challenges in balancing public interest with private sector needs and ensuring technical infrastructure reliability."
|
| 31 |
+
},
|
| 32 |
+
{
|
| 33 |
+
"stakeholder": "Public institutions (e.g., government agencies)",
|
| 34 |
+
"obligation": "Integrate domain names into the DNS Security Operations Centre and comply with audit requirements.",
|
| 35 |
+
"implementation_burden": "Technical integration costs and periodic audits at prescribed fees.",
|
| 36 |
+
"risk_or_note": "Non-compliance may result in public exposure of breaches or enforcement actions."
|
| 37 |
+
}
|
| 38 |
+
],
|
| 39 |
+
"critique": [
|
| 40 |
+
{
|
| 41 |
+
"issue": "Ambiguity in exemption criteria for foreign-hosted entities",
|
| 42 |
+
"why_it_matters": "Exemptions for entities not targeting Ghanaian users may be subject to interpretation, risking inconsistent enforcement.",
|
| 43 |
+
"recommendation": "Clarify criteria for exemptions in regulations to prevent disputes and ensure alignment with national digital sovereignty goals."
|
| 44 |
+
},
|
| 45 |
+
{
|
| 46 |
+
"issue": "High penalties for non-compliance may disproportionately affect SMEs",
|
| 47 |
+
"why_it_matters": "Fines up to 10,000 penalty units per year could cripple small businesses unable to afford compliance costs.",
|
| 48 |
+
"recommendation": "Introduce phased compliance timelines or financial assistance programs for SMEs to ease transition to .gh domains."
|
| 49 |
+
},
|
| 50 |
+
{
|
| 51 |
+
"issue": "Centralized control over domain management may stifle innovation",
|
| 52 |
+
"why_it_matters": "A single central registry could limit competition and reduce incentives for private sector investment in domain-related services.",
|
| 53 |
+
"recommendation": "Ensure the Registry's governance includes mechanisms for stakeholder input and periodic review of market dynamics."
|
| 54 |
+
},
|
| 55 |
+
{
|
| 56 |
+
"issue": "Lack of safeguards against regulatory capture in the Board's composition",
|
| 57 |
+
"why_it_matters": "The Board includes members nominated by government agencies and private entities, raising risks of conflicts of interest.",
|
| 58 |
+
"recommendation": "Mandate independent oversight of the Board's decision-making processes and public disclosure of conflicts of interest."
|
| 59 |
+
}
|
| 60 |
+
],
|
| 61 |
+
"swot": {
|
| 62 |
+
"strengths": [
|
| 63 |
+
"Promotes national digital sovereignty by mandating .gh domain use for public-facing entities.",
|
| 64 |
+
"Establishes a centralized, secure domain management system with a DNS Security Operations Centre.",
|
| 65 |
+
"Provides funding mechanisms (e.g., Domain Name Registry Fund) to support digital inclusion and capacity building."
|
| 66 |
+
],
|
| 67 |
+
"weaknesses": [
|
| 68 |
+
"Mandatory domain registration may increase operational costs for SMEs and startups.",
|
| 69 |
+
"Potential for regulatory overreach in enforcing compliance and managing the domain space.",
|
| 70 |
+
"Dependence on government funding and policy directives may limit the Registry's independence."
|
| 71 |
+
],
|
| 72 |
+
"opportunities": [
|
| 73 |
+
"Enhanced digital infrastructure and cybersecurity through the DNS Security Operations Centre.",
|
| 74 |
+
"Increased local internet governance capacity via the Domain Name Registry Fund.",
|
| 75 |
+
"Potential for growth in local domain-related services (e.g., registrars, web hosting)."
|
| 76 |
+
],
|
| 77 |
+
"threats": [
|
| 78 |
+
"Risk of stifling innovation and competition due to centralized domain management.",
|
| 79 |
+
"High penalties for non-compliance could deter foreign investment or digital presence in Ghana.",
|
| 80 |
+
"Challenges in enforcing mandatory domain use for entities with hybrid or international operations."
|
| 81 |
+
]
|
| 82 |
+
}
|
| 83 |
+
}
|
assets/example_bills/ghana-domain-name-registry-bill-2025/chunks.json
ADDED
|
@@ -0,0 +1,26 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
[
|
| 2 |
+
"GHANA DOMAIN NAME REGISTRY BILL\nARRANGEMENT OF SECTIONS\nOBJECT AND SCOPE OF ACT\n1. Application and objects\nDOMAIN NAME REGISTRY\n2. Establishment of the Domain Name Registry\n3. Duties of the Registry\n4. Functions of the Registry\nGOVERNANCE OF THE REGISTRY\n5. Governing body of the Registry\n6. Tenure of office of Board members\n7. Meetings of the Board\n8. Disclosure of interest\n9. Establishment of committees\n10. Allowances\n11. Policy Directives\n12. The Executive Director\n13. Functions of the Executive Director\n14. Duties and liability of the B oard\n15. Appointment of other staff\nLICENSING OF REGISTRARS AND CREATION OF CENTRAL REGISTRY\n16. Operation as a registrar\n17. Application for a registrar licence\n18. Creation of one central registry\n19. Suspension and revocation of licences\nSECURITY OPERATIONS CENTRE\n20. Domain Name System Security Operations Centre\nMANDATORY USE OF .GH DOMAIN\n21. Mandatory Registration\n22. Exemptions\n23. Penalties for non -compliance\n24. Monitoring and Inspection\n25. Entities in breach\n26. Court orders and judicial support\nFINANCIAL PROVISIONS\n27. Funds of the Re gistry\n28. Expenses of the Registry\n29. Borrowing powers of the Registry\n30. Tax exemption\n31. Accounts and audit\n32. Internal Audit Unit\n33. Annual report and other reports\nDOMAIN NAME REGISTRY FUND\n34. Establishment of the Domain Name Registry Fund\n35. Object of the Fund\n36. Sources of moneys for the Fund\n37. Bank account for the Fund\n38. Management of the Fund\n39. Prioritisation of the Fund\n40. Disbursement from the Fund\nDISPUTE RESOLUTION\n41. Resolution of disputes\n42. Dispute Resolution Committee\n43. Powers of the Dispute Resolution Committee\nMISCELLANEOUS P ROVISIONS\n44. General penalty\n45. Regulations\n46. Interpretation\n47. Repeals and savings\nA BILL ENTITLED",
|
| 3 |
+
"40. Disbursement from the Fund\nDISPUTE RESOLUTION\n41. Resolution of disputes\n42. Dispute Resolution Committee\n43. Powers of the Dispute Resolution Committee\nMISCELLANEOUS P ROVISIONS\n44. General penalty\n45. Regulations\n46. Interpretation\n47. Repeals and savings\nA BILL ENTITLED\nTHE GHANA DOMAIN NAME REGISTRY ACT, 2025\nAN ACT to establish the Ghana Domain Name Registry and provide for related matters.\nObject and Scope of the Act\nApplication and objects\n1. (1) This Act applies to:\n(a) the Ghana Domain Name Registry;\n(b) registrars licensed by the Registry; and\n(c) registrants of .gh domain names.\n(2) The object of this Act is to:\n(a) establish the Ghana Domain Name Registry;\n(b) provide for the regulation of the .gh domain name space;\n(c) establish the Domain Name Registry Fund;\n(d) mandate the use of the .gh domain name for entities in the Republic; and\n(e) provide for ancillary matters.\nDomain Nam e Registry\nEstablishment of the Domain Name Registry\n2. (1) There is established by this Act the Ghana Domain Name Registry.\n(2) The Registry is a body corporate with perpetual succession and a common seal\nand may sue and be sued in its corporate name.\n(3) The Registry is a non -profit making entity.\nDuties of the Registry\n3. (1) The Registry shall enhance public awar eness on the economic and commercial\nbenefits of domain name registration.\n(2) The Registry:\n(a) may conduct investigations related to its functions that it considers\nnecessary;\n(b) shall conduct research into and keep abreast with developments in the\ncountry and else where on the domain name system;",
|
| 4 |
+
"benefits of domain name registration.\n(2) The Registry:\n(a) may conduct investigations related to its functions that it considers\nnecessary;\n(b) shall conduct research into and keep abreast with developments in the\ncountry and else where on the domain name system;\n(c) shall continually survey and evaluate the extent to which the .gh domain\nname space meets the needs of the citizens;\n(d) may issue information on the registration of domain names in the country;\n(e) shall conduct biennial audits on all licensed registrars ; and\n(f) shall uphold fundamental human rights in the performance of its functions.\n(3) The Registry may, and shall when requested by the Minister, make\nrecommendations to the Minister in relation to policy concerned with the .gh domai n\nname space.\n(4) The Registry shall continually evaluate the effectiveness of this Act and action taken\ntowards the management of the .gh domain name space.\n(5) The Registry may:\n(a) liaise, consult and co -operate with any person or other Registry; and\n(b) appoint experts and other consultants on conditions that the Registry may\ndetermine.\nFunctions of the Registry\n4. (1) The Registry is responsible for the .gh domain name space and shall:\n(a) be the only domain name Registry and operate the only regist ry of .gh\ndomain names;\n(b) administer and manage the .gh domain name space;\n(c) comply with international best practice in the administration of the .gh\ndomain name space;\n(d) update and maintain the central registry and perform any function\nnecessary to ensure the proper functioning of the .gh domain name space;",
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"(c) comply with international best practice in the administration of the .gh\ndomain name space;\n(d) update and maintain the central registry and perform any function\nnecessary to ensure the proper functioning of the .gh domain name space;\n(e) implement Domain Name System Security Extensions for all .gh domain\nnames;\n(f) license and regulate registrars;\n(g) provide secure email hosting services with end -to-end encryption for\nmetropolitan, municipal and d istrict assemblies, government ministries,\nagencies and departments, and security agencies;\n(h) publish guidelines on:\n(i) the general administration and management of the .gh domain\nname space;\n(ii) web standards for metropolitan, municipal and district assemblies,\ngovernment ministries, agencies and departments, and security\nagencies;\n(iii) the requirements and procedures for domain name registration; and\n(iv) the maintenance of and public access to the repository, with due\nregard to the policy directives which the Minister ma y give from time\nto time; and\n(i) audit metropolitan, municipal and district assemblies, government\nministries\u2019, agencies\u2019, and departments\u2019, and security agencies\u2019 web\napplications at a prescribed fee.\n(2) After the assumption of responsibility for the .gh domain space, a person shall not\ndo anything or operate the .gh domain name or any domain name associated with\nthe country except as provided under this Act.\n(3) A person who contravenes subsection (2) commits an offence and is liable on\nsummary conviction to a fine of not more than one thousand penalty units or to a\nterm of imprisonment of not more than three years or to both.\nGovernance of the Registry\nGoverning Body of the Registry",
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"(3) A person who contravenes subsection (2) commits an offence and is liable on\nsummary conviction to a fine of not more than one thousand penalty units or to a\nterm of imprisonment of not more than three years or to both.\nGovernance of the Registry\nGoverning Body of the Registry\n5. (1) The governing body of the Registry is a Board consis ting of:\n(a) the Executive Director of the Registry ;\n(b) two persons nominated by the Minister, one of whom shall be nominated\nfrom one of the agencies of the Ministry;\n(c) one person nominated by the Minister responsible for the Interior from the\nlaw enforcement agencies;\n(d) one person nominated by the internet technical community;\n(e) one person nominated by the public universities;\n(f) one person nominated by the private universities;\n(g) one legal expert with at least seven years\u2019 experience in intellectual\nproperty law and c yber law ; and\n(h) one person nominated by licensed local registrars .\n(2) The members of the Board shall be appointed by the President in accordance with\narticle 70 of the Constitution.\n(3) The President shall appoint one of the members to be the chairperson.\n(4) The Board shall ensure the proper and effective performance of the functions of\nthe Registry.\n(5) Notwithstanding any other provision in this section, the composition of the\ngoverning board shall include not less than three (3) women as members .\nTenure of office of Bo ard members\n6. (1) A member of the Board shall hold office for a period not exceeding four years and\nis eligible for reappointment, but a member shall not be appointed for more than two\nterms in succession.",
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"Tenure of office of Bo ard members\n6. (1) A member of the Board shall hold office for a period not exceeding four years and\nis eligible for reappointment, but a member shall not be appointed for more than two\nterms in succession.\n(2) Where a member of the Board, resi gns, dies, is removed from office or is for a\nreasonable cause unable to act as a member, the Minister shall notify the President\nof the vacancy and the President shall, acting on the advice of the nominating\nauthority and in consultation with the Council of State appoint another person to\nhold office for the unexpired portion of the member's term of office.\n(3) A member of the Board, who is absent from three consecutive meetings of the Board\nwithout reasonable cause ceases to be a member of the Board.\n(4) A member of the Board, may at any time resign from office in writing addressed to\nthe President through the Minister.\n(5) The President may, by letter addressed to a member, revoke the appointment of\nthat member.\nMeetings of the Board\n7. (1) The Board shall meet at least once every three months for the despatch of business\nat the times and in the places determined by the chairperson.\n(2) The chairperson shall at the request in writing of not less than one -third of the\nmembership of the Board conv ene an extraordinary meeting of the Board at the\nplace and time determined by the chairperson.\n(3) The quorum at a meeting of the Board shall be two thirds of members of the Board\nor a greater number determined by the Board in respect of specific matters.",
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| 8 |
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"membership of the Board conv ene an extraordinary meeting of the Board at the\nplace and time determined by the chairperson.\n(3) The quorum at a meeting of the Board shall be two thirds of members of the Board\nor a greater number determined by the Board in respect of specific matters.\n(4) The chairperson shall preside at meetings of the Board and in the absence of the\nchairperson a member of the Board elected by the members present from among\ntheir number shall preside.\n(5) Matters before the Board shall be decided by a majority of the members pres ent\nand voting and in the event of an equality of votes, the person presiding shall have\na casting vote.\n(6) The Board may co -opt a person to attend a Board meeting, but that person shall\nnot vote on a matter for decision at the meeting.\n(7) The proceedings of the Board shall not be invalidated because of a vacancy among\nthe members or a defect in the appointment or qualification of a member.\n(8) Subject to this section, the Board may determine the procedure for its meetings.\nDisclosure of interest\n8. (1) A member of the Board who has an interest in a matter for consideration by the\nBoard shall disclose in writing the nature of that interest and is disqualified from\nparticipating in the deliberations of the Board in respect of that matter.\n(2) A member who c ontravenes subsection (1) ceases to be a member.\nEstablishment of committees\n9. (1) The Board may appoint committees consisting of members of the Board or non -\nmembers or both to perform a function.\n(2) The membership of a committee appointed un der this section and the tenure of",
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| 9 |
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"Establishment of committees\n9. (1) The Board may appoint committees consisting of members of the Board or non -\nmembers or both to perform a function.\n(2) The membership of a committee appointed un der this section and the tenure of\noffice of its members shall be coterminous with the duration of their membership of\nthe Board.\n(3) Non-members shall hold office for a period not exceeding four years and may be\neligible for re -appointment but shall not be ap pointed for more than two successive\nterms.\n(4) A committee of the Board may be chaired by a member of the Board.\n(5) A committee of the Board composed of non -members only shall be advisory.\nAllowances\n10. Members of the Board and members of a committee of the Board s hall be paid\nallowances approved by the Minister in consultation with the Minister responsible for\nFinance.\nPolicy Directives\n11. The Minister may, from time to time, publish policy directives relating to the regulation\nand maintenance of the .gh domain name space.\nThe Executive Director\n12. (1) The President shall, in accordance with article 195 of the Constitution, appoint an\nExecutive Director for the Registry.\n(2) The Executive Director shall hold office on the terms and conditions specified in\nthe letter of appointment.\nFunctions of the Executive Director\n13. (1) The Executive Director is responsible for the day -to-day administration of the affairs\nof the Registry and is answerable to the Board in the performance of functions unde r\nthis Act.\n(2) The Executive Director shall perform any other functions determined by the Board.\n(3) The Executive Director may delegate a function to an officer of the Registry but\nshall not be relieved from the ultimate responsibility for the performance of the",
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| 10 |
+
"this Act.\n(2) The Executive Director shall perform any other functions determined by the Board.\n(3) The Executive Director may delegate a function to an officer of the Registry but\nshall not be relieved from the ultimate responsibility for the performance of the\ndelegated function.\nDuties and liabilit y of the Board\n14. (1) The duties of directors contained in Part Q of Chapter two of the Companies Act,\n2019 (Act 992) shall apply to members of the Board.\n(2) A member of the Board is not personally liable for damage or injury to a third party\nthat arises in the execution of an official duty of that member, if the member at all\nmaterial times acted in good faith .\nAppointment of other staff\n15. (1) The Board shall in consultation with the Public Services Commissions appoint other\nstaff of the Registry that are necessary for the proper and effective performance of its\nfunctions.\n(2) Other public officers may be transferred or seconded to the Registry or may\notherwise give assistance to it.\n(3) The Registry may engage the services of advisers and consultants on the\nrecommendations of the Board.\nLicensing of Registrars and Creation of Central Registry\nOperation as a registrar\n16. (1) A person shall not act as a registrar unless licens ed to do so by the Registry.\n(2) A person who contravenes subsection (1) commits an offence and is liable upon\nsummary conviction:\n(a) in the case of a body corporate or other body of persons, to a fine of not\nless than two thousand penalty units and not more than seven thousand\npenalty units;\n(b) in the case of a director of a body corporate or other body of persons, to a",
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| 11 |
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"summary conviction:\n(a) in the case of a body corporate or other body of persons, to a fine of not\nless than two thousand penalty units and not more than seven thousand\npenalty units;\n(b) in the case of a director of a body corporate or other body of persons, to a\nfine of not less th an one thousand penalty units and not more than five\nthousand penalty units; and\n(c) in the case of an individual, to a fine of not less than one thousand penalty\nunits and not more than three thousand penalty units.\n(3) A person who is convicted of an offence under subsection (2) shall immediately\ncease operation as a registrar.\nApplication for a registrar licence\n17. (1) An application to be licensed as a registrar shall be made in the prescribed manner\nand subject to the prescribed fees.\n(2) The Re gistry may, within sixty days following the receipt of a complete application,\ngrant or refuse the application.\n(3) The Registry may, where it grants the licence, impose terms and conditions where\nthe Registry deems it appropriate.\n(4) The Registry may refuse an a pplication where:\n(a) the application is incomplete;\n(b) the application contains false or misleading information;\n(c) the application does not meet the technical requirements prescribed by the\nRegistry ; or\n(d) the Registry is convinced upon reasonable grounds that the ap plicant is\nincapable of performing the functions of a registrar.\n(5) An applicant whose application is refused may resubmit the application if the\ndeficiencies which formed the basis of the refusal of the initial application have\nbeen rectified.\n(6) A licence gran ted under this Act shall be renewed as prescribed by the Registry.",
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"(5) An applicant whose application is refused may resubmit the application if the\ndeficiencies which formed the basis of the refusal of the initial application have\nbeen rectified.\n(6) A licence gran ted under this Act shall be renewed as prescribed by the Registry.\n(7) An application for renewal shall be made in the prescribed manner and subject to\nthe prescribed fees.\nCreation of one central registry\n18. (1) There shall be only one centra l registry of all .gh domain names registered in the\nRepublic .\n(2) The Registry shall have the sole responsibility to keep and maintain the central\nregistry.\n(3) No person shall maintain or update a repository, or administer a country domain\nname other than the Registry.\n(4) A person who contravenes subsection (3) commits an offence and is liable upon\nsummary conviction:\n(a) in the case of a body corporate or other body of persons, to a fine of not\nless than five thousand penalty units and not more than ten thousand\npenalty units;\n(b) in the case of a director of a body corporate or other body of persons, to a\nfine of not less than one thousand penalty units and not more than three\nthousand penalty units; and\n(c) in the case of an individual, to a fine of not less than one thousand penalty\nunits and not more than five thousand penalty units.\n(5) The Registry shall keep and maintain a register of registrars in which shall be\nrecorded of the registrar:\n(a) the name;\n(b) the registration number;\n(c) the country of incorporation;\n(d) the address ; and\n(e) any other information that the Registry shall prescribe.",
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| 13 |
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"recorded of the registrar:\n(a) the name;\n(b) the registration number;\n(c) the country of incorporation;\n(d) the address ; and\n(e) any other information that the Registry shall prescribe.\n(6) The Registry shall publish details in the register of registrars on the Registry\u2019s\nwebsite and any other media which the Registry deems fit.\nSuspension and revocation of licences\n19. (1) The Registry may revoke or suspend a licence issued under this section where the\nregistrar:\n(a) engages in misconduct which harms consumers or the public interest;\n(b) is held liable for abuse;\n(c) fails to meet the ongoing requirements prescribed by the Minister; or\n(d) contravenes any orders, guidelines or directives issued by the Registry or\nthe Minister.\n(2) The Registry may prescribe additional grounds for the revocation or suspension\nof a licence.\n(3) Subsection (1) does no t limit the power of the Registry to take any other remedial\nor penal action against a registrar.\nSecurity Operations Centre\nDomain Name System (DNS) Security Operations Centre\n20. (1) The Registry shall establish and maintain a mandatory DN S Security Operations\nCentre which shall monitor .gh domain resolutions, traffic, and logs using automated,\nmanual, or hybrid methods as appropriate, to detect threats and attacks.\n(2) The DNS Security Operations Centre shall be responsible for initiating and\ncoordinating appropriate response actions, including but not limited to containment,\nnotification of affected parties, mitigation of threats, and post -incident analysis .\n(3) All metropolitan, municipal and district assemblies\u2019, government ministries\u2019,",
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| 14 |
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"(2) The DNS Security Operations Centre shall be responsible for initiating and\ncoordinating appropriate response actions, including but not limited to containment,\nnotification of affected parties, mitigation of threats, and post -incident analysis .\n(3) All metropolitan, municipal and district assemblies\u2019, government ministries\u2019,\nagencies\u2019 and departments\u2019, and security agencies\u2019 domain names shall be\nintegrated into the DNS Security Operations Centre.\n(4) The DNS Security Operations Centre shall publish quarterly and yearly reports on\nthe threats detected in the domain name system.\nMandatory use of .gh domain\nMandatory registration\n21. (1) All entities legally registered or operating in the Republic shall be required to:\n(a) register and maintain an active .gh domain name for any official website or\ndigital platform intended for public access; and\n(b) use the .gh domain name for all official digital correspondence and\ntransactions conducted within or from the Republic.\n(2) Entities currently not using .gh domains shall transition to a .gh domain within six\nmonths of the coming into force of this Act to comply with subsection (1).\nExemptions\n22. (1) Notwithstanding section 20(1), the Registry in consultation with the Minister may\ngrant an exemption to an entity if:\n(a) its digital presence is hosted exclusively outside the Republic and does not\ntarget Ghanaian users; and\n(b) it operates as a multinational organisation subject to foreign digital\njurisdiction.\n(2) Any exemption granted under subsection (1) shall be:\n(a) upon application by the entity in the prescribed form;\n(b) time-bound and renewable upon review; and\n(c) published in the Gazette.\nPenalties for Non -Compliance",
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| 15 |
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"jurisdiction.\n(2) Any exemption granted under subsection (1) shall be:\n(a) upon application by the entity in the prescribed form;\n(b) time-bound and renewable upon review; and\n(c) published in the Gazette.\nPenalties for Non -Compliance\n23. (1) Any entity that fails to comply with this section shall be liable to:\n(a) an admini strative penalty of no t less than one thousand penalty units and\nnot more ten thousand penalty units per year of non -compliance;\n(b) suspension or revocation of business and regulatory licences for repeated\nnon-compliance in accordance with regulatory procedur e of the relevant\nsector; and\n(c) disqualification from participating in public procurement or tendering\nprocesses for a period of up to two years.\n(2) A director or officer of a corporate body who knowingly permits the body to\ncontravene this Act shall be persona lly liable to an administrative penalty of not\nmore than five thousand penalty units.\nMonitoring and Inspection\n24. (1) The Ministry, in collaboration with the Registry shall establish a Domain\nCompliance Unit (DCU) to :\n(a) audit and monitor dom ain name usage by entities ; and\n(b) serve compliance notices for violations of this Act .\n(2) The Domain Compliance unit shall be made up of officer s of the Registry and\npersons appointed by the Minister .\nEntities in breach\n25. (1) The Registry shall maintain and publish on its website a list of:\n(a) entities in breach of this Act;\n(b) entities granted exemptions or temporary waivers; and\n(c) enforcement actions undertaken and their outcomes.\n(2) The names of offending entities may be published in national newspapers,",
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| 16 |
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"(a) entities in breach of this Act;\n(b) entities granted exemptions or temporary waivers; and\n(c) enforcement actions undertaken and their outcomes.\n(2) The names of offending entities may be published in national newspapers,\ngovernment gazettes, and regulatory bulletins as part of a compliance\ntransparency initiative taking into consideration fundamental human rights of\naffected persons.\nCourt orders and judicial support\n26. The Registry shall have the power to apply to the High Court of Ghana for an order to :\n(a) seize, block, or deactivate any domain name registered in contravention of\nthis Act;\n(b) take down or delete malicious domain names;\n(c) compel internet service providers, web hosts, or any other relevant entity to\ncease offering services to the offending domain; or\n(d) authorise entry into premises to inspect digital systems under warrant,\nwhere reasonable suspicion of concealment or fraud exists.\nFinancial Provisions\nFunds of the Registry\n27. The funds of the Registry include:\n(a) moneys provided by Parliament;\n(b) 2% of the Digital Economy and Innovation Development Fund ;\n(c) donations , grants and gifts;\n(d) fees accruing to the Registry under this Act ; and\n(e) any other moneys that are approved by the Minister responsible for\nFinance.\nExpenses of the Registry\n28. The expenses of the Registry shall be paid from moneys provided from the funds of\nthe Registry.\nBorrowing powers of the Registry\n29. Subject to article 181 of the Constitution, section 76 of the Public Financial\nManagement Act, 2016 ( Act 921) and any other relevant enactment, the registry may\nobtain loans and any other credit facility on the guarantee of the Government from a",
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+
"the Registry.\nBorrowing powers of the Registry\n29. Subject to article 181 of the Constitution, section 76 of the Public Financial\nManagement Act, 2016 ( Act 921) and any other relevant enactment, the registry may\nobtain loans and any other credit facility on the guarantee of the Government from a\nbank or any other financial institution approved by the Minister responsible for Finance.\nTax exemption\n30. The Re gistry is exempted from the payment of any taxes.\nAccounts and audit\n31. (1) The Board shall keep books of account and proper records in relation to them in\nthe form approved by the Auditor -General.\n(2) The Board shall submit the accounts of the Registry to the Auditor -General for audit\nwithin three months after the end of the financial year.\n(3) The Auditor -General shall, not later than three months after the receipt of the\naccounts, audit the accounts and forward a copy of the audit report to the M inister.\n(4) The financial year of the Registry is the same as the financial year of the\nGovernment.\nInternal Audit Unit\n32. (1) The Registry shall have an Internal Audit Unit in accordance with section 83 of the\nPublic Financial Management Act , 2016 (Act 921).\n(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be\nappointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).\n(3) The Internal Auditor is responsible for the internal audit of the Registry.\n(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), at intervals of three months:",
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"(3) The Internal Auditor is responsible for the internal audit of the Registry.\n(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), at intervals of three months:\n(a) prepare and submit to the Board, a report on the internal audit carried out\nduring the period of three months immediately preceding the preparation of\nthe report; and\n(b) recommendations in each report, with respect to matters which appear to\nthe Internal Auditor as necessary for the conduct of the affairs of the\nRegistry.\n(5) The Internal Auditor shall, in accord ance with subsection (4) of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared\nunder this section to the Executive Director and the chairperson of the Board.\nAnnual report and other reports\n33. (1) The Board shall within one month after the receipt of the audit report, submit an\nannual report to the Minister covering the activities and the operations of the Registry\nfor the year to which the report relates.\n(2) The annual report sh all include the report of the Auditor -General.\n(3) The Minister shall, within one month after the receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessary.\n(4) The Board shall also submit to the Minister any other reports which the Minister\nmay require in writing.\n(5) The annual report shall be published on the Registry\u2019s website and made available\nto all stakeholders.\nDomain Name Registry Fund\nEstablishment of the Domain Name Registry Fund",
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| 19 |
+
"(4) The Board shall also submit to the Minister any other reports which the Minister\nmay require in writing.\n(5) The annual report shall be published on the Registry\u2019s website and made available\nto all stakeholders.\nDomain Name Registry Fund\nEstablishment of the Domain Name Registry Fund\n34. There shall be esta blished a fund to be known as the Domain Name Registry Fund.\nObject of the Fund\n35. The Fund shall be applied to achieve the following objectives:\n(a) digital inclusion for small and medium enterprises;\n(b) domain name system capacity building;\n(c) provision of support for internet -related projects undertaken by the local\ninternet governance community; and\n(d) any other objective as the Minister may prescribe.\nSources of moneys for the Fund\n36. The sources of money for the Fund are:\n(a) 5% of the fees charged by the Regi stry under this Act;\n(b) moneys provided by Parliament to the Fund;\n(c) moneys that accrue to the Fund from investments made by the Board;\n(d) donations, grants and gifts; and\n(e) any other moneys that may lawfully accrue to the Fund.\nBank account for the Fund\n37. (1) Moneys of the Fund shall be paid into bank accounts opened by the Board for the\nFund .\n(2) Donors shall pay their donations directly into the account of the Fund upon\nverification by the Board .\nManagement of the Fund\n38. (1) The Fund shall be managed by the Board of the Registry .\n(2) Sections 31 and 3 3 of this Act shall apply to the Fund .\nPrioritisation of the Fund",
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"verification by the Board .\nManagement of the Fund\n38. (1) The Fund shall be managed by the Board of the Registry .\n(2) Sections 31 and 3 3 of this Act shall apply to the Fund .\nPrioritisation of the Fund\n39. (1) Projects for which moneys f rom the Fund are disbursed shall satis fy the criteria laid\nout in the order of priority .\n(2) The order of priority for support by the Fund is as follows :\n(a) projects aimed at improving digital inclusion for small and medium\nenterprises;\n(b) projects aimed at improving the capacity of the domain name system ; and\n(c) other projects that the Minister may designate as priority projects .\nDisbursement of the Fund\n40. In consultation with the Minister, the Board shall determine procedures for\ndisbursement of the Fund and disburse the Fund accordingly.\nDispute Resolution\nResolution o f Disputes\n41. (1) The Minister shall establish a dispute resolution process to resolve:\n(a) disputes between or among registrars;\n(b) disputes between registrars and registrants;\n(c) disputes between the Registry and any registrar ; and\n(d) disputes between the Registry and any registrant.\n(2) No party to a dispute described under subsection (1) shall institute an action in\ncourt unless the dispute resolution procedure established under this Act has been\nexhausted.\n(3) The Minister may by legislative instrume nt make regulations on the manner and\nprocedure for the resolution of disputes.\n(4) The procedure shall be in line with the Uniform Domain Name Dispute Resolution\nPolicy and its Rules.\nDispute Resolution Committee",
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"exhausted.\n(3) The Minister may by legislative instrume nt make regulations on the manner and\nprocedure for the resolution of disputes.\n(4) The procedure shall be in line with the Uniform Domain Name Dispute Resolution\nPolicy and its Rules.\nDispute Resolution Committee\n42. (1) The Board shall establi sh a Dispute Resolution Committee which shall consist of\nfive members with relevant experience in alternative dispute resolution, intellectual\nproperty, and internet law, policy and governance.\n(2) A three -member panel of the Committee shall expeditiously hear , inquire into and\ninvestigate any matter which is brought before it.\n(3) The Committee shall determine the periods that are reasonably necessary for the\nfair and adequate presentation of the matter by the respective parties and the\nRegistry may require those matters to be presented within the periods.\n(4) The Committee may require evidence or arguments to be presented in writing and\nmay decide the matters upon which it will hear oral evidence or written arguments.\n(5) Each party to a matter is entitled to appear at the hearing and may be represented\nby a lawyer or any other person.\n(6) The Committee shall communicate its decision to the parties within thirty days of\nreceipt of the dispute provided that there are no exceptional circumstances\naffecting the dispute.\n(7) Appeals from a decision by the Dispute Resolution Committee may be submitted\nto the High Court .\nPowers of the Dispute Resolution Committee\n43. The Dispute Resolution Committee may:\n(a) issue summons to compel the attendance of witnesses under the hand of\nthe Executive Di rector of the Registry;\n(b) examine witnesses on oath, affirmation or otherwise;\n(c) compel the production of documents;\n(d) cite a person for trial at the High Court for contempt;",
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| 22 |
+
"the Executive Di rector of the Registry;\n(b) examine witnesses on oath, affirmation or otherwise;\n(c) compel the production of documents;\n(d) cite a person for trial at the High Court for contempt;\n(e) make a declaration setting out the rights and obligations of the parties to\nthe dispute;\n(f) make provisional or interim orders or awards that relate to the matter or part\nof it, or give directions in pursuance of the hearing;\n(g) dismiss or refrain from hearing or determining a matter, in whole or in part,\nif it appears that the matter, or p art of the matter, is trivial or vexatious or\nthat further proceedings are not necessary or desirable in the public\ninterest;\n(h) in appropriate circumstances, order any party to pay the reasonable costs\nand expenses of another party, including the expenses of witnesses and\nfees of lawyers, in bringing the matter before the Committee; and\n(i) generally, give directions and do what is necessary or expedient for the\nhearing and determination of the matter.\nMiscellaneous Provisions\nGeneral Penalty\n44. A person who contrav enes or fails to comply with any provision of this Act commits an\noffence and, where no penalty is expressly provided, shall upon summary conviction\nbe liable to a fine not less than two thousand penalty units and not more than ten\nthousand penalty units.\nRegulations\n45. The Minister, in consultation with the Registry, may by legislative instrument make\nRegulations to give effect to the provisions of this Act and shall in particular, make\nRegulations in relation to:\n(a) the requirements which registrars must meet i n order to be licensed,\nincluding objective standards relating to operational accuracy, stability,\nrobustness, security, privacy and efficiency;",
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"Regulations to give effect to the provisions of this Act and shall in particular, make\nRegulations in relation to:\n(a) the requirements which registrars must meet i n order to be licensed,\nincluding objective standards relating to operational accuracy, stability,\nrobustness, security, privacy and efficiency;\n(b) the circumstances and manner in which registrations may be assigned,\nregistered, renewed, refused, transferred or revoked ;\n(c) fees;\n(d) provisions for the restoration of a domain name registration;\n(e) the terms of the domain name registration agreement which registrars must\nadopt and use in registering domain names, including issues in respect of\nprivacy, fundamental human r ights, consumer protection and dispute\nresolution;\n(f) processes and procedures to avoid unfair and anti -competitive practices,\nincluding bias to, or preferential treatment of actual or prospective\nregistrants, registrars, protocols or products;\n(g) ongoing compli ance requirements for registrars including sustainability\nrequirements and abuse reporting;\n(h) requirements to ensure that each domain name contains an administrative\nand technical contact;\n(i) the dispute resolution process or procedure;\n(j) conditions upon which ap peals may be submitted to the High Court;\n(k) procedures for ensuring monitoring of compliance with and the\ndetermination of breaches of this Act and the Regulations, including regular\n.gh domain name space technical audits, and the imposition of sanctions,\nwarnings and other penalties in respect of the breach; and\n(l) such other matters relating to the .gh domain name space as it may be\nnecessary to prescribe to achieve the objectives of this Act .\nInterpretation\n46. In this Act unless the context otherwise requires,",
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| 24 |
+
"warnings and other penalties in respect of the breach; and\n(l) such other matters relating to the .gh domain name space as it may be\nnecessary to prescribe to achieve the objectives of this Act .\nInterpretation\n46. In this Act unless the context otherwise requires,\n\u201cabuse \u201d includes spamming, spoofing, phishing, cache poisoning, hijacking, DOS\nattack, and DNS tunneling as may be determined by the Registry;\n\u201cBoard \u201d means the governing body of the Registry;\n\u201cccTLD \u201d means country code domain at the top level of the Intern et\u2019s domain name\nsystem assigned according to the two -letter codes in the International Standard ISO\n3166 -1 (Codes for Representation of Names of Countries and their Subdivision);\n\u201cdomain name \u201d means an alphanumeric designation that is registered or assign ed in\nrespect of an electronic address or other resource on the Internet;\n\u201cdomain name system \u201d means a system to translate domain names into IP addresses\nor other information;\n\u201cDomain Name System Security Extension\u201d means an extension to the domain\nname sy stem which uses cryptography to authenticate data retrieved from the domain\nname system;\n\u201c.gh domain name space\u201d means the .gh ccTLD assigned to the Republic according\nto the two -letter codes in the International Standard ISO 3166;\n\u201cGovernment \u201d means any a uthority by which the executive authority of the Republic\nis duly exercised;\n\u201cmalicious domain name \u201d means a domain name which is registered under false\npretences to cause consumer harm; is being used to cause consumer harm or is being\nused to conduct ille gal activity;\n\u201cMinister \u201d means the Minister responsible for Communications ;\n\u201cMinistry \u201d means the Ministry responsible for Communications;",
|
| 25 |
+
"\u201cmalicious domain name \u201d means a domain name which is registered under false\npretences to cause consumer harm; is being used to cause consumer harm or is being\nused to conduct ille gal activity;\n\u201cMinister \u201d means the Minister responsible for Communications ;\n\u201cMinistry \u201d means the Ministry responsible for Communications;\n\u201cregistrant \u201d means a person who has registered a domain name in accordance with\nthis Act;\n\u201cregistrar \u201d means an entity licensed by the Registry to register domain names;\n\u201cRegistry \u201d means the Ghana Domain Name Registry established under this Act;\n\u201crepository \u201d means the primary register of the information maintained by the Registry;\n\u201cRepublic \u201d means the Republic of Ghana; and\n\u201csecurity agency \u201d means a body connected with national security .\nRepeals and Savings\n47. (1) Sections 63 to 81 of the Electronic Transactions Act, 2008 (Act 772) are hereby\nrepealed.\n(2) Notwithstanding the repeal:\n(a) any licence granted under the repealed sections and valid on the date of\nthe coming into force of this Act shall continue to be in force until it expires\nor is renewed under this Act; and\n(b) any regulations, guidelines or directives made under the repealed sections\nare saved."
|
| 26 |
+
]
|
assets/example_bills/ghana-domain-name-registry-bill-2025/document.txt
ADDED
|
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|
| 1 |
+
GHANA DOMAIN NAME REGISTRY BILL
|
| 2 |
+
ARRANGEMENT OF SECTIONS
|
| 3 |
+
OBJECT AND SCOPE OF ACT
|
| 4 |
+
1. Application and objects
|
| 5 |
+
DOMAIN NAME REGISTRY
|
| 6 |
+
2. Establishment of the Domain Name Registry
|
| 7 |
+
3. Duties of the Registry
|
| 8 |
+
4. Functions of the Registry
|
| 9 |
+
GOVERNANCE OF THE REGISTRY
|
| 10 |
+
5. Governing body of the Registry
|
| 11 |
+
6. Tenure of office of Board members
|
| 12 |
+
7. Meetings of the Board
|
| 13 |
+
8. Disclosure of interest
|
| 14 |
+
9. Establishment of committees
|
| 15 |
+
10. Allowances
|
| 16 |
+
11. Policy Directives
|
| 17 |
+
12. The Executive Director
|
| 18 |
+
13. Functions of the Executive Director
|
| 19 |
+
14. Duties and liability of the B oard
|
| 20 |
+
15. Appointment of other staff
|
| 21 |
+
LICENSING OF REGISTRARS AND CREATION OF CENTRAL REGISTRY
|
| 22 |
+
16. Operation as a registrar
|
| 23 |
+
17. Application for a registrar licence
|
| 24 |
+
18. Creation of one central registry
|
| 25 |
+
19. Suspension and revocation of licences
|
| 26 |
+
SECURITY OPERATIONS CENTRE
|
| 27 |
+
20. Domain Name System Security Operations Centre
|
| 28 |
+
MANDATORY USE OF .GH DOMAIN
|
| 29 |
+
21. Mandatory Registration
|
| 30 |
+
22. Exemptions
|
| 31 |
+
23. Penalties for non -compliance
|
| 32 |
+
24. Monitoring and Inspection
|
| 33 |
+
25. Entities in breach
|
| 34 |
+
26. Court orders and judicial support
|
| 35 |
+
FINANCIAL PROVISIONS
|
| 36 |
+
27. Funds of the Re gistry
|
| 37 |
+
28. Expenses of the Registry
|
| 38 |
+
29. Borrowing powers of the Registry
|
| 39 |
+
30. Tax exemption
|
| 40 |
+
31. Accounts and audit
|
| 41 |
+
32. Internal Audit Unit
|
| 42 |
+
33. Annual report and other reports
|
| 43 |
+
DOMAIN NAME REGISTRY FUND
|
| 44 |
+
34. Establishment of the Domain Name Registry Fund
|
| 45 |
+
35. Object of the Fund
|
| 46 |
+
36. Sources of moneys for the Fund
|
| 47 |
+
37. Bank account for the Fund
|
| 48 |
+
38. Management of the Fund
|
| 49 |
+
39. Prioritisation of the Fund
|
| 50 |
+
40. Disbursement from the Fund
|
| 51 |
+
DISPUTE RESOLUTION
|
| 52 |
+
41. Resolution of disputes
|
| 53 |
+
42. Dispute Resolution Committee
|
| 54 |
+
43. Powers of the Dispute Resolution Committee
|
| 55 |
+
MISCELLANEOUS P ROVISIONS
|
| 56 |
+
44. General penalty
|
| 57 |
+
45. Regulations
|
| 58 |
+
46. Interpretation
|
| 59 |
+
47. Repeals and savings
|
| 60 |
+
A BILL ENTITLED
|
| 61 |
+
THE GHANA DOMAIN NAME REGISTRY ACT, 2025
|
| 62 |
+
AN ACT to establish the Ghana Domain Name Registry and provide for related matters.
|
| 63 |
+
Object and Scope of the Act
|
| 64 |
+
Application and objects
|
| 65 |
+
1. (1) This Act applies to:
|
| 66 |
+
(a) the Ghana Domain Name Registry;
|
| 67 |
+
(b) registrars licensed by the Registry; and
|
| 68 |
+
(c) registrants of .gh domain names.
|
| 69 |
+
(2) The object of this Act is to:
|
| 70 |
+
(a) establish the Ghana Domain Name Registry;
|
| 71 |
+
(b) provide for the regulation of the .gh domain name space;
|
| 72 |
+
(c) establish the Domain Name Registry Fund;
|
| 73 |
+
(d) mandate the use of the .gh domain name for entities in the Republic; and
|
| 74 |
+
(e) provide for ancillary matters.
|
| 75 |
+
Domain Nam e Registry
|
| 76 |
+
Establishment of the Domain Name Registry
|
| 77 |
+
2. (1) There is established by this Act the Ghana Domain Name Registry.
|
| 78 |
+
(2) The Registry is a body corporate with perpetual succession and a common seal
|
| 79 |
+
and may sue and be sued in its corporate name.
|
| 80 |
+
(3) The Registry is a non -profit making entity.
|
| 81 |
+
Duties of the Registry
|
| 82 |
+
3. (1) The Registry shall enhance public awar eness on the economic and commercial
|
| 83 |
+
benefits of domain name registration.
|
| 84 |
+
(2) The Registry:
|
| 85 |
+
(a) may conduct investigations related to its functions that it considers
|
| 86 |
+
necessary;
|
| 87 |
+
(b) shall conduct research into and keep abreast with developments in the
|
| 88 |
+
country and else where on the domain name system;
|
| 89 |
+
(c) shall continually survey and evaluate the extent to which the .gh domain
|
| 90 |
+
name space meets the needs of the citizens;
|
| 91 |
+
(d) may issue information on the registration of domain names in the country;
|
| 92 |
+
(e) shall conduct biennial audits on all licensed registrars ; and
|
| 93 |
+
(f) shall uphold fundamental human rights in the performance of its functions.
|
| 94 |
+
(3) The Registry may, and shall when requested by the Minister, make
|
| 95 |
+
recommendations to the Minister in relation to policy concerned with the .gh domai n
|
| 96 |
+
name space.
|
| 97 |
+
(4) The Registry shall continually evaluate the effectiveness of this Act and action taken
|
| 98 |
+
towards the management of the .gh domain name space.
|
| 99 |
+
(5) The Registry may:
|
| 100 |
+
(a) liaise, consult and co -operate with any person or other Registry; and
|
| 101 |
+
(b) appoint experts and other consultants on conditions that the Registry may
|
| 102 |
+
determine.
|
| 103 |
+
Functions of the Registry
|
| 104 |
+
4. (1) The Registry is responsible for the .gh domain name space and shall:
|
| 105 |
+
(a) be the only domain name Registry and operate the only regist ry of .gh
|
| 106 |
+
domain names;
|
| 107 |
+
(b) administer and manage the .gh domain name space;
|
| 108 |
+
(c) comply with international best practice in the administration of the .gh
|
| 109 |
+
domain name space;
|
| 110 |
+
(d) update and maintain the central registry and perform any function
|
| 111 |
+
necessary to ensure the proper functioning of the .gh domain name space;
|
| 112 |
+
(e) implement Domain Name System Security Extensions for all .gh domain
|
| 113 |
+
names;
|
| 114 |
+
(f) license and regulate registrars;
|
| 115 |
+
(g) provide secure email hosting services with end -to-end encryption for
|
| 116 |
+
metropolitan, municipal and d istrict assemblies, government ministries,
|
| 117 |
+
agencies and departments, and security agencies;
|
| 118 |
+
(h) publish guidelines on:
|
| 119 |
+
(i) the general administration and management of the .gh domain
|
| 120 |
+
name space;
|
| 121 |
+
(ii) web standards for metropolitan, municipal and district assemblies,
|
| 122 |
+
government ministries, agencies and departments, and security
|
| 123 |
+
agencies;
|
| 124 |
+
(iii) the requirements and procedures for domain name registration; and
|
| 125 |
+
(iv) the maintenance of and public access to the repository, with due
|
| 126 |
+
regard to the policy directives which the Minister ma y give from time
|
| 127 |
+
to time; and
|
| 128 |
+
(i) audit metropolitan, municipal and district assemblies, government
|
| 129 |
+
ministries’, agencies’, and departments’, and security agencies’ web
|
| 130 |
+
applications at a prescribed fee.
|
| 131 |
+
(2) After the assumption of responsibility for the .gh domain space, a person shall not
|
| 132 |
+
do anything or operate the .gh domain name or any domain name associated with
|
| 133 |
+
the country except as provided under this Act.
|
| 134 |
+
(3) A person who contravenes subsection (2) commits an offence and is liable on
|
| 135 |
+
summary conviction to a fine of not more than one thousand penalty units or to a
|
| 136 |
+
term of imprisonment of not more than three years or to both.
|
| 137 |
+
Governance of the Registry
|
| 138 |
+
Governing Body of the Registry
|
| 139 |
+
5. (1) The governing body of the Registry is a Board consis ting of:
|
| 140 |
+
(a) the Executive Director of the Registry ;
|
| 141 |
+
(b) two persons nominated by the Minister, one of whom shall be nominated
|
| 142 |
+
from one of the agencies of the Ministry;
|
| 143 |
+
(c) one person nominated by the Minister responsible for the Interior from the
|
| 144 |
+
law enforcement agencies;
|
| 145 |
+
(d) one person nominated by the internet technical community;
|
| 146 |
+
(e) one person nominated by the public universities;
|
| 147 |
+
(f) one person nominated by the private universities;
|
| 148 |
+
(g) one legal expert with at least seven years’ experience in intellectual
|
| 149 |
+
property law and c yber law ; and
|
| 150 |
+
(h) one person nominated by licensed local registrars .
|
| 151 |
+
(2) The members of the Board shall be appointed by the President in accordance with
|
| 152 |
+
article 70 of the Constitution.
|
| 153 |
+
(3) The President shall appoint one of the members to be the chairperson.
|
| 154 |
+
(4) The Board shall ensure the proper and effective performance of the functions of
|
| 155 |
+
the Registry.
|
| 156 |
+
(5) Notwithstanding any other provision in this section, the composition of the
|
| 157 |
+
governing board shall include not less than three (3) women as members .
|
| 158 |
+
Tenure of office of Bo ard members
|
| 159 |
+
6. (1) A member of the Board shall hold office for a period not exceeding four years and
|
| 160 |
+
is eligible for reappointment, but a member shall not be appointed for more than two
|
| 161 |
+
terms in succession.
|
| 162 |
+
(2) Where a member of the Board, resi gns, dies, is removed from office or is for a
|
| 163 |
+
reasonable cause unable to act as a member, the Minister shall notify the President
|
| 164 |
+
of the vacancy and the President shall, acting on the advice of the nominating
|
| 165 |
+
authority and in consultation with the Council of State appoint another person to
|
| 166 |
+
hold office for the unexpired portion of the member's term of office.
|
| 167 |
+
(3) A member of the Board, who is absent from three consecutive meetings of the Board
|
| 168 |
+
without reasonable cause ceases to be a member of the Board.
|
| 169 |
+
(4) A member of the Board, may at any time resign from office in writing addressed to
|
| 170 |
+
the President through the Minister.
|
| 171 |
+
(5) The President may, by letter addressed to a member, revoke the appointment of
|
| 172 |
+
that member.
|
| 173 |
+
Meetings of the Board
|
| 174 |
+
7. (1) The Board shall meet at least once every three months for the despatch of business
|
| 175 |
+
at the times and in the places determined by the chairperson.
|
| 176 |
+
(2) The chairperson shall at the request in writing of not less than one -third of the
|
| 177 |
+
membership of the Board conv ene an extraordinary meeting of the Board at the
|
| 178 |
+
place and time determined by the chairperson.
|
| 179 |
+
(3) The quorum at a meeting of the Board shall be two thirds of members of the Board
|
| 180 |
+
or a greater number determined by the Board in respect of specific matters.
|
| 181 |
+
(4) The chairperson shall preside at meetings of the Board and in the absence of the
|
| 182 |
+
chairperson a member of the Board elected by the members present from among
|
| 183 |
+
their number shall preside.
|
| 184 |
+
(5) Matters before the Board shall be decided by a majority of the members pres ent
|
| 185 |
+
and voting and in the event of an equality of votes, the person presiding shall have
|
| 186 |
+
a casting vote.
|
| 187 |
+
(6) The Board may co -opt a person to attend a Board meeting, but that person shall
|
| 188 |
+
not vote on a matter for decision at the meeting.
|
| 189 |
+
(7) The proceedings of the Board shall not be invalidated because of a vacancy among
|
| 190 |
+
the members or a defect in the appointment or qualification of a member.
|
| 191 |
+
(8) Subject to this section, the Board may determine the procedure for its meetings.
|
| 192 |
+
Disclosure of interest
|
| 193 |
+
8. (1) A member of the Board who has an interest in a matter for consideration by the
|
| 194 |
+
Board shall disclose in writing the nature of that interest and is disqualified from
|
| 195 |
+
participating in the deliberations of the Board in respect of that matter.
|
| 196 |
+
(2) A member who c ontravenes subsection (1) ceases to be a member.
|
| 197 |
+
Establishment of committees
|
| 198 |
+
9. (1) The Board may appoint committees consisting of members of the Board or non -
|
| 199 |
+
members or both to perform a function.
|
| 200 |
+
(2) The membership of a committee appointed un der this section and the tenure of
|
| 201 |
+
office of its members shall be coterminous with the duration of their membership of
|
| 202 |
+
the Board.
|
| 203 |
+
(3) Non-members shall hold office for a period not exceeding four years and may be
|
| 204 |
+
eligible for re -appointment but shall not be ap pointed for more than two successive
|
| 205 |
+
terms.
|
| 206 |
+
(4) A committee of the Board may be chaired by a member of the Board.
|
| 207 |
+
(5) A committee of the Board composed of non -members only shall be advisory.
|
| 208 |
+
Allowances
|
| 209 |
+
10. Members of the Board and members of a committee of the Board s hall be paid
|
| 210 |
+
allowances approved by the Minister in consultation with the Minister responsible for
|
| 211 |
+
Finance.
|
| 212 |
+
Policy Directives
|
| 213 |
+
11. The Minister may, from time to time, publish policy directives relating to the regulation
|
| 214 |
+
and maintenance of the .gh domain name space.
|
| 215 |
+
The Executive Director
|
| 216 |
+
12. (1) The President shall, in accordance with article 195 of the Constitution, appoint an
|
| 217 |
+
Executive Director for the Registry.
|
| 218 |
+
(2) The Executive Director shall hold office on the terms and conditions specified in
|
| 219 |
+
the letter of appointment.
|
| 220 |
+
Functions of the Executive Director
|
| 221 |
+
13. (1) The Executive Director is responsible for the day -to-day administration of the affairs
|
| 222 |
+
of the Registry and is answerable to the Board in the performance of functions unde r
|
| 223 |
+
this Act.
|
| 224 |
+
(2) The Executive Director shall perform any other functions determined by the Board.
|
| 225 |
+
(3) The Executive Director may delegate a function to an officer of the Registry but
|
| 226 |
+
shall not be relieved from the ultimate responsibility for the performance of the
|
| 227 |
+
delegated function.
|
| 228 |
+
Duties and liabilit y of the Board
|
| 229 |
+
14. (1) The duties of directors contained in Part Q of Chapter two of the Companies Act,
|
| 230 |
+
2019 (Act 992) shall apply to members of the Board.
|
| 231 |
+
(2) A member of the Board is not personally liable for damage or injury to a third party
|
| 232 |
+
that arises in the execution of an official duty of that member, if the member at all
|
| 233 |
+
material times acted in good faith .
|
| 234 |
+
Appointment of other staff
|
| 235 |
+
15. (1) The Board shall in consultation with the Public Services Commissions appoint other
|
| 236 |
+
staff of the Registry that are necessary for the proper and effective performance of its
|
| 237 |
+
functions.
|
| 238 |
+
(2) Other public officers may be transferred or seconded to the Registry or may
|
| 239 |
+
otherwise give assistance to it.
|
| 240 |
+
(3) The Registry may engage the services of advisers and consultants on the
|
| 241 |
+
recommendations of the Board.
|
| 242 |
+
Licensing of Registrars and Creation of Central Registry
|
| 243 |
+
Operation as a registrar
|
| 244 |
+
16. (1) A person shall not act as a registrar unless licens ed to do so by the Registry.
|
| 245 |
+
(2) A person who contravenes subsection (1) commits an offence and is liable upon
|
| 246 |
+
summary conviction:
|
| 247 |
+
(a) in the case of a body corporate or other body of persons, to a fine of not
|
| 248 |
+
less than two thousand penalty units and not more than seven thousand
|
| 249 |
+
penalty units;
|
| 250 |
+
(b) in the case of a director of a body corporate or other body of persons, to a
|
| 251 |
+
fine of not less th an one thousand penalty units and not more than five
|
| 252 |
+
thousand penalty units; and
|
| 253 |
+
(c) in the case of an individual, to a fine of not less than one thousand penalty
|
| 254 |
+
units and not more than three thousand penalty units.
|
| 255 |
+
(3) A person who is convicted of an offence under subsection (2) shall immediately
|
| 256 |
+
cease operation as a registrar.
|
| 257 |
+
Application for a registrar licence
|
| 258 |
+
17. (1) An application to be licensed as a registrar shall be made in the prescribed manner
|
| 259 |
+
and subject to the prescribed fees.
|
| 260 |
+
(2) The Re gistry may, within sixty days following the receipt of a complete application,
|
| 261 |
+
grant or refuse the application.
|
| 262 |
+
(3) The Registry may, where it grants the licence, impose terms and conditions where
|
| 263 |
+
the Registry deems it appropriate.
|
| 264 |
+
(4) The Registry may refuse an a pplication where:
|
| 265 |
+
(a) the application is incomplete;
|
| 266 |
+
(b) the application contains false or misleading information;
|
| 267 |
+
(c) the application does not meet the technical requirements prescribed by the
|
| 268 |
+
Registry ; or
|
| 269 |
+
(d) the Registry is convinced upon reasonable grounds that the ap plicant is
|
| 270 |
+
incapable of performing the functions of a registrar.
|
| 271 |
+
(5) An applicant whose application is refused may resubmit the application if the
|
| 272 |
+
deficiencies which formed the basis of the refusal of the initial application have
|
| 273 |
+
been rectified.
|
| 274 |
+
(6) A licence gran ted under this Act shall be renewed as prescribed by the Registry.
|
| 275 |
+
(7) An application for renewal shall be made in the prescribed manner and subject to
|
| 276 |
+
the prescribed fees.
|
| 277 |
+
Creation of one central registry
|
| 278 |
+
18. (1) There shall be only one centra l registry of all .gh domain names registered in the
|
| 279 |
+
Republic .
|
| 280 |
+
(2) The Registry shall have the sole responsibility to keep and maintain the central
|
| 281 |
+
registry.
|
| 282 |
+
(3) No person shall maintain or update a repository, or administer a country domain
|
| 283 |
+
name other than the Registry.
|
| 284 |
+
(4) A person who contravenes subsection (3) commits an offence and is liable upon
|
| 285 |
+
summary conviction:
|
| 286 |
+
(a) in the case of a body corporate or other body of persons, to a fine of not
|
| 287 |
+
less than five thousand penalty units and not more than ten thousand
|
| 288 |
+
penalty units;
|
| 289 |
+
(b) in the case of a director of a body corporate or other body of persons, to a
|
| 290 |
+
fine of not less than one thousand penalty units and not more than three
|
| 291 |
+
thousand penalty units; and
|
| 292 |
+
(c) in the case of an individual, to a fine of not less than one thousand penalty
|
| 293 |
+
units and not more than five thousand penalty units.
|
| 294 |
+
(5) The Registry shall keep and maintain a register of registrars in which shall be
|
| 295 |
+
recorded of the registrar:
|
| 296 |
+
(a) the name;
|
| 297 |
+
(b) the registration number;
|
| 298 |
+
(c) the country of incorporation;
|
| 299 |
+
(d) the address ; and
|
| 300 |
+
(e) any other information that the Registry shall prescribe.
|
| 301 |
+
(6) The Registry shall publish details in the register of registrars on the Registry’s
|
| 302 |
+
website and any other media which the Registry deems fit.
|
| 303 |
+
Suspension and revocation of licences
|
| 304 |
+
19. (1) The Registry may revoke or suspend a licence issued under this section where the
|
| 305 |
+
registrar:
|
| 306 |
+
(a) engages in misconduct which harms consumers or the public interest;
|
| 307 |
+
(b) is held liable for abuse;
|
| 308 |
+
(c) fails to meet the ongoing requirements prescribed by the Minister; or
|
| 309 |
+
(d) contravenes any orders, guidelines or directives issued by the Registry or
|
| 310 |
+
the Minister.
|
| 311 |
+
(2) The Registry may prescribe additional grounds for the revocation or suspension
|
| 312 |
+
of a licence.
|
| 313 |
+
(3) Subsection (1) does no t limit the power of the Registry to take any other remedial
|
| 314 |
+
or penal action against a registrar.
|
| 315 |
+
Security Operations Centre
|
| 316 |
+
Domain Name System (DNS) Security Operations Centre
|
| 317 |
+
20. (1) The Registry shall establish and maintain a mandatory DN S Security Operations
|
| 318 |
+
Centre which shall monitor .gh domain resolutions, traffic, and logs using automated,
|
| 319 |
+
manual, or hybrid methods as appropriate, to detect threats and attacks.
|
| 320 |
+
(2) The DNS Security Operations Centre shall be responsible for initiating and
|
| 321 |
+
coordinating appropriate response actions, including but not limited to containment,
|
| 322 |
+
notification of affected parties, mitigation of threats, and post -incident analysis .
|
| 323 |
+
(3) All metropolitan, municipal and district assemblies’, government ministries’,
|
| 324 |
+
agencies’ and departments’, and security agencies’ domain names shall be
|
| 325 |
+
integrated into the DNS Security Operations Centre.
|
| 326 |
+
(4) The DNS Security Operations Centre shall publish quarterly and yearly reports on
|
| 327 |
+
the threats detected in the domain name system.
|
| 328 |
+
Mandatory use of .gh domain
|
| 329 |
+
Mandatory registration
|
| 330 |
+
21. (1) All entities legally registered or operating in the Republic shall be required to:
|
| 331 |
+
(a) register and maintain an active .gh domain name for any official website or
|
| 332 |
+
digital platform intended for public access; and
|
| 333 |
+
(b) use the .gh domain name for all official digital correspondence and
|
| 334 |
+
transactions conducted within or from the Republic.
|
| 335 |
+
(2) Entities currently not using .gh domains shall transition to a .gh domain within six
|
| 336 |
+
months of the coming into force of this Act to comply with subsection (1).
|
| 337 |
+
Exemptions
|
| 338 |
+
22. (1) Notwithstanding section 20(1), the Registry in consultation with the Minister may
|
| 339 |
+
grant an exemption to an entity if:
|
| 340 |
+
(a) its digital presence is hosted exclusively outside the Republic and does not
|
| 341 |
+
target Ghanaian users; and
|
| 342 |
+
(b) it operates as a multinational organisation subject to foreign digital
|
| 343 |
+
jurisdiction.
|
| 344 |
+
(2) Any exemption granted under subsection (1) shall be:
|
| 345 |
+
(a) upon application by the entity in the prescribed form;
|
| 346 |
+
(b) time-bound and renewable upon review; and
|
| 347 |
+
(c) published in the Gazette.
|
| 348 |
+
Penalties for Non -Compliance
|
| 349 |
+
23. (1) Any entity that fails to comply with this section shall be liable to:
|
| 350 |
+
(a) an admini strative penalty of no t less than one thousand penalty units and
|
| 351 |
+
not more ten thousand penalty units per year of non -compliance;
|
| 352 |
+
(b) suspension or revocation of business and regulatory licences for repeated
|
| 353 |
+
non-compliance in accordance with regulatory procedur e of the relevant
|
| 354 |
+
sector; and
|
| 355 |
+
(c) disqualification from participating in public procurement or tendering
|
| 356 |
+
processes for a period of up to two years.
|
| 357 |
+
(2) A director or officer of a corporate body who knowingly permits the body to
|
| 358 |
+
contravene this Act shall be persona lly liable to an administrative penalty of not
|
| 359 |
+
more than five thousand penalty units.
|
| 360 |
+
Monitoring and Inspection
|
| 361 |
+
24. (1) The Ministry, in collaboration with the Registry shall establish a Domain
|
| 362 |
+
Compliance Unit (DCU) to :
|
| 363 |
+
(a) audit and monitor dom ain name usage by entities ; and
|
| 364 |
+
(b) serve compliance notices for violations of this Act .
|
| 365 |
+
(2) The Domain Compliance unit shall be made up of officer s of the Registry and
|
| 366 |
+
persons appointed by the Minister .
|
| 367 |
+
Entities in breach
|
| 368 |
+
25. (1) The Registry shall maintain and publish on its website a list of:
|
| 369 |
+
(a) entities in breach of this Act;
|
| 370 |
+
(b) entities granted exemptions or temporary waivers; and
|
| 371 |
+
(c) enforcement actions undertaken and their outcomes.
|
| 372 |
+
(2) The names of offending entities may be published in national newspapers,
|
| 373 |
+
government gazettes, and regulatory bulletins as part of a compliance
|
| 374 |
+
transparency initiative taking into consideration fundamental human rights of
|
| 375 |
+
affected persons.
|
| 376 |
+
Court orders and judicial support
|
| 377 |
+
26. The Registry shall have the power to apply to the High Court of Ghana for an order to :
|
| 378 |
+
(a) seize, block, or deactivate any domain name registered in contravention of
|
| 379 |
+
this Act;
|
| 380 |
+
(b) take down or delete malicious domain names;
|
| 381 |
+
(c) compel internet service providers, web hosts, or any other relevant entity to
|
| 382 |
+
cease offering services to the offending domain; or
|
| 383 |
+
(d) authorise entry into premises to inspect digital systems under warrant,
|
| 384 |
+
where reasonable suspicion of concealment or fraud exists.
|
| 385 |
+
Financial Provisions
|
| 386 |
+
Funds of the Registry
|
| 387 |
+
27. The funds of the Registry include:
|
| 388 |
+
(a) moneys provided by Parliament;
|
| 389 |
+
(b) 2% of the Digital Economy and Innovation Development Fund ;
|
| 390 |
+
(c) donations , grants and gifts;
|
| 391 |
+
(d) fees accruing to the Registry under this Act ; and
|
| 392 |
+
(e) any other moneys that are approved by the Minister responsible for
|
| 393 |
+
Finance.
|
| 394 |
+
Expenses of the Registry
|
| 395 |
+
28. The expenses of the Registry shall be paid from moneys provided from the funds of
|
| 396 |
+
the Registry.
|
| 397 |
+
Borrowing powers of the Registry
|
| 398 |
+
29. Subject to article 181 of the Constitution, section 76 of the Public Financial
|
| 399 |
+
Management Act, 2016 ( Act 921) and any other relevant enactment, the registry may
|
| 400 |
+
obtain loans and any other credit facility on the guarantee of the Government from a
|
| 401 |
+
bank or any other financial institution approved by the Minister responsible for Finance.
|
| 402 |
+
Tax exemption
|
| 403 |
+
30. The Re gistry is exempted from the payment of any taxes.
|
| 404 |
+
Accounts and audit
|
| 405 |
+
31. (1) The Board shall keep books of account and proper records in relation to them in
|
| 406 |
+
the form approved by the Auditor -General.
|
| 407 |
+
(2) The Board shall submit the accounts of the Registry to the Auditor -General for audit
|
| 408 |
+
within three months after the end of the financial year.
|
| 409 |
+
(3) The Auditor -General shall, not later than three months after the receipt of the
|
| 410 |
+
accounts, audit the accounts and forward a copy of the audit report to the M inister.
|
| 411 |
+
(4) The financial year of the Registry is the same as the financial year of the
|
| 412 |
+
Government.
|
| 413 |
+
Internal Audit Unit
|
| 414 |
+
32. (1) The Registry shall have an Internal Audit Unit in accordance with section 83 of the
|
| 415 |
+
Public Financial Management Act , 2016 (Act 921).
|
| 416 |
+
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be
|
| 417 |
+
appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
|
| 418 |
+
(3) The Internal Auditor is responsible for the internal audit of the Registry.
|
| 419 |
+
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the
|
| 420 |
+
Internal Audit Agency Act, 2003 (Act 658), at intervals of three months:
|
| 421 |
+
(a) prepare and submit to the Board, a report on the internal audit carried out
|
| 422 |
+
during the period of three months immediately preceding the preparation of
|
| 423 |
+
the report; and
|
| 424 |
+
(b) recommendations in each report, with respect to matters which appear to
|
| 425 |
+
the Internal Auditor as necessary for the conduct of the affairs of the
|
| 426 |
+
Registry.
|
| 427 |
+
(5) The Internal Auditor shall, in accord ance with subsection (4) of section 16 of the
|
| 428 |
+
Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared
|
| 429 |
+
under this section to the Executive Director and the chairperson of the Board.
|
| 430 |
+
Annual report and other reports
|
| 431 |
+
33. (1) The Board shall within one month after the receipt of the audit report, submit an
|
| 432 |
+
annual report to the Minister covering the activities and the operations of the Registry
|
| 433 |
+
for the year to which the report relates.
|
| 434 |
+
(2) The annual report sh all include the report of the Auditor -General.
|
| 435 |
+
(3) The Minister shall, within one month after the receipt of the annual report, submit
|
| 436 |
+
the report to Parliament with a statement that the Minister considers necessary.
|
| 437 |
+
(4) The Board shall also submit to the Minister any other reports which the Minister
|
| 438 |
+
may require in writing.
|
| 439 |
+
(5) The annual report shall be published on the Registry’s website and made available
|
| 440 |
+
to all stakeholders.
|
| 441 |
+
Domain Name Registry Fund
|
| 442 |
+
Establishment of the Domain Name Registry Fund
|
| 443 |
+
34. There shall be esta blished a fund to be known as the Domain Name Registry Fund.
|
| 444 |
+
Object of the Fund
|
| 445 |
+
35. The Fund shall be applied to achieve the following objectives:
|
| 446 |
+
(a) digital inclusion for small and medium enterprises;
|
| 447 |
+
(b) domain name system capacity building;
|
| 448 |
+
(c) provision of support for internet -related projects undertaken by the local
|
| 449 |
+
internet governance community; and
|
| 450 |
+
(d) any other objective as the Minister may prescribe.
|
| 451 |
+
Sources of moneys for the Fund
|
| 452 |
+
36. The sources of money for the Fund are:
|
| 453 |
+
(a) 5% of the fees charged by the Regi stry under this Act;
|
| 454 |
+
(b) moneys provided by Parliament to the Fund;
|
| 455 |
+
(c) moneys that accrue to the Fund from investments made by the Board;
|
| 456 |
+
(d) donations, grants and gifts; and
|
| 457 |
+
(e) any other moneys that may lawfully accrue to the Fund.
|
| 458 |
+
Bank account for the Fund
|
| 459 |
+
37. (1) Moneys of the Fund shall be paid into bank accounts opened by the Board for the
|
| 460 |
+
Fund .
|
| 461 |
+
(2) Donors shall pay their donations directly into the account of the Fund upon
|
| 462 |
+
verification by the Board .
|
| 463 |
+
Management of the Fund
|
| 464 |
+
38. (1) The Fund shall be managed by the Board of the Registry .
|
| 465 |
+
(2) Sections 31 and 3 3 of this Act shall apply to the Fund .
|
| 466 |
+
Prioritisation of the Fund
|
| 467 |
+
39. (1) Projects for which moneys f rom the Fund are disbursed shall satis fy the criteria laid
|
| 468 |
+
out in the order of priority .
|
| 469 |
+
(2) The order of priority for support by the Fund is as follows :
|
| 470 |
+
(a) projects aimed at improving digital inclusion for small and medium
|
| 471 |
+
enterprises;
|
| 472 |
+
(b) projects aimed at improving the capacity of the domain name system ; and
|
| 473 |
+
(c) other projects that the Minister may designate as priority projects .
|
| 474 |
+
Disbursement of the Fund
|
| 475 |
+
40. In consultation with the Minister, the Board shall determine procedures for
|
| 476 |
+
disbursement of the Fund and disburse the Fund accordingly.
|
| 477 |
+
Dispute Resolution
|
| 478 |
+
Resolution o f Disputes
|
| 479 |
+
41. (1) The Minister shall establish a dispute resolution process to resolve:
|
| 480 |
+
(a) disputes between or among registrars;
|
| 481 |
+
(b) disputes between registrars and registrants;
|
| 482 |
+
(c) disputes between the Registry and any registrar ; and
|
| 483 |
+
(d) disputes between the Registry and any registrant.
|
| 484 |
+
(2) No party to a dispute described under subsection (1) shall institute an action in
|
| 485 |
+
court unless the dispute resolution procedure established under this Act has been
|
| 486 |
+
exhausted.
|
| 487 |
+
(3) The Minister may by legislative instrume nt make regulations on the manner and
|
| 488 |
+
procedure for the resolution of disputes.
|
| 489 |
+
(4) The procedure shall be in line with the Uniform Domain Name Dispute Resolution
|
| 490 |
+
Policy and its Rules.
|
| 491 |
+
Dispute Resolution Committee
|
| 492 |
+
42. (1) The Board shall establi sh a Dispute Resolution Committee which shall consist of
|
| 493 |
+
five members with relevant experience in alternative dispute resolution, intellectual
|
| 494 |
+
property, and internet law, policy and governance.
|
| 495 |
+
(2) A three -member panel of the Committee shall expeditiously hear , inquire into and
|
| 496 |
+
investigate any matter which is brought before it.
|
| 497 |
+
(3) The Committee shall determine the periods that are reasonably necessary for the
|
| 498 |
+
fair and adequate presentation of the matter by the respective parties and the
|
| 499 |
+
Registry may require those matters to be presented within the periods.
|
| 500 |
+
(4) The Committee may require evidence or arguments to be presented in writing and
|
| 501 |
+
may decide the matters upon which it will hear oral evidence or written arguments.
|
| 502 |
+
(5) Each party to a matter is entitled to appear at the hearing and may be represented
|
| 503 |
+
by a lawyer or any other person.
|
| 504 |
+
(6) The Committee shall communicate its decision to the parties within thirty days of
|
| 505 |
+
receipt of the dispute provided that there are no exceptional circumstances
|
| 506 |
+
affecting the dispute.
|
| 507 |
+
(7) Appeals from a decision by the Dispute Resolution Committee may be submitted
|
| 508 |
+
to the High Court .
|
| 509 |
+
Powers of the Dispute Resolution Committee
|
| 510 |
+
43. The Dispute Resolution Committee may:
|
| 511 |
+
(a) issue summons to compel the attendance of witnesses under the hand of
|
| 512 |
+
the Executive Di rector of the Registry;
|
| 513 |
+
(b) examine witnesses on oath, affirmation or otherwise;
|
| 514 |
+
(c) compel the production of documents;
|
| 515 |
+
(d) cite a person for trial at the High Court for contempt;
|
| 516 |
+
(e) make a declaration setting out the rights and obligations of the parties to
|
| 517 |
+
the dispute;
|
| 518 |
+
(f) make provisional or interim orders or awards that relate to the matter or part
|
| 519 |
+
of it, or give directions in pursuance of the hearing;
|
| 520 |
+
(g) dismiss or refrain from hearing or determining a matter, in whole or in part,
|
| 521 |
+
if it appears that the matter, or p art of the matter, is trivial or vexatious or
|
| 522 |
+
that further proceedings are not necessary or desirable in the public
|
| 523 |
+
interest;
|
| 524 |
+
(h) in appropriate circumstances, order any party to pay the reasonable costs
|
| 525 |
+
and expenses of another party, including the expenses of witnesses and
|
| 526 |
+
fees of lawyers, in bringing the matter before the Committee; and
|
| 527 |
+
(i) generally, give directions and do what is necessary or expedient for the
|
| 528 |
+
hearing and determination of the matter.
|
| 529 |
+
Miscellaneous Provisions
|
| 530 |
+
General Penalty
|
| 531 |
+
44. A person who contrav enes or fails to comply with any provision of this Act commits an
|
| 532 |
+
offence and, where no penalty is expressly provided, shall upon summary conviction
|
| 533 |
+
be liable to a fine not less than two thousand penalty units and not more than ten
|
| 534 |
+
thousand penalty units.
|
| 535 |
+
Regulations
|
| 536 |
+
45. The Minister, in consultation with the Registry, may by legislative instrument make
|
| 537 |
+
Regulations to give effect to the provisions of this Act and shall in particular, make
|
| 538 |
+
Regulations in relation to:
|
| 539 |
+
(a) the requirements which registrars must meet i n order to be licensed,
|
| 540 |
+
including objective standards relating to operational accuracy, stability,
|
| 541 |
+
robustness, security, privacy and efficiency;
|
| 542 |
+
(b) the circumstances and manner in which registrations may be assigned,
|
| 543 |
+
registered, renewed, refused, transferred or revoked ;
|
| 544 |
+
(c) fees;
|
| 545 |
+
(d) provisions for the restoration of a domain name registration;
|
| 546 |
+
(e) the terms of the domain name registration agreement which registrars must
|
| 547 |
+
adopt and use in registering domain names, including issues in respect of
|
| 548 |
+
privacy, fundamental human r ights, consumer protection and dispute
|
| 549 |
+
resolution;
|
| 550 |
+
(f) processes and procedures to avoid unfair and anti -competitive practices,
|
| 551 |
+
including bias to, or preferential treatment of actual or prospective
|
| 552 |
+
registrants, registrars, protocols or products;
|
| 553 |
+
(g) ongoing compli ance requirements for registrars including sustainability
|
| 554 |
+
requirements and abuse reporting;
|
| 555 |
+
(h) requirements to ensure that each domain name contains an administrative
|
| 556 |
+
and technical contact;
|
| 557 |
+
(i) the dispute resolution process or procedure;
|
| 558 |
+
(j) conditions upon which ap peals may be submitted to the High Court;
|
| 559 |
+
(k) procedures for ensuring monitoring of compliance with and the
|
| 560 |
+
determination of breaches of this Act and the Regulations, including regular
|
| 561 |
+
.gh domain name space technical audits, and the imposition of sanctions,
|
| 562 |
+
warnings and other penalties in respect of the breach; and
|
| 563 |
+
(l) such other matters relating to the .gh domain name space as it may be
|
| 564 |
+
necessary to prescribe to achieve the objectives of this Act .
|
| 565 |
+
Interpretation
|
| 566 |
+
46. In this Act unless the context otherwise requires,
|
| 567 |
+
“abuse ” includes spamming, spoofing, phishing, cache poisoning, hijacking, DOS
|
| 568 |
+
attack, and DNS tunneling as may be determined by the Registry;
|
| 569 |
+
“Board ” means the governing body of the Registry;
|
| 570 |
+
“ccTLD ” means country code domain at the top level of the Intern et’s domain name
|
| 571 |
+
system assigned according to the two -letter codes in the International Standard ISO
|
| 572 |
+
3166 -1 (Codes for Representation of Names of Countries and their Subdivision);
|
| 573 |
+
“domain name ” means an alphanumeric designation that is registered or assign ed in
|
| 574 |
+
respect of an electronic address or other resource on the Internet;
|
| 575 |
+
“domain name system ” means a system to translate domain names into IP addresses
|
| 576 |
+
or other information;
|
| 577 |
+
“Domain Name System Security Extension” means an extension to the domain
|
| 578 |
+
name sy stem which uses cryptography to authenticate data retrieved from the domain
|
| 579 |
+
name system;
|
| 580 |
+
“.gh domain name space” means the .gh ccTLD assigned to the Republic according
|
| 581 |
+
to the two -letter codes in the International Standard ISO 3166;
|
| 582 |
+
“Government ” means any a uthority by which the executive authority of the Republic
|
| 583 |
+
is duly exercised;
|
| 584 |
+
“malicious domain name ” means a domain name which is registered under false
|
| 585 |
+
pretences to cause consumer harm; is being used to cause consumer harm or is being
|
| 586 |
+
used to conduct ille gal activity;
|
| 587 |
+
“Minister ” means the Minister responsible for Communications ;
|
| 588 |
+
“Ministry ” means the Ministry responsible for Communications;
|
| 589 |
+
“registrant ” means a person who has registered a domain name in accordance with
|
| 590 |
+
this Act;
|
| 591 |
+
“registrar ” means an entity licensed by the Registry to register domain names;
|
| 592 |
+
“Registry ” means the Ghana Domain Name Registry established under this Act;
|
| 593 |
+
“repository ” means the primary register of the information maintained by the Registry;
|
| 594 |
+
“Republic ” means the Republic of Ghana; and
|
| 595 |
+
“security agency ” means a body connected with national security .
|
| 596 |
+
Repeals and Savings
|
| 597 |
+
47. (1) Sections 63 to 81 of the Electronic Transactions Act, 2008 (Act 772) are hereby
|
| 598 |
+
repealed.
|
| 599 |
+
(2) Notwithstanding the repeal:
|
| 600 |
+
(a) any licence granted under the repealed sections and valid on the date of
|
| 601 |
+
the coming into force of this Act shall continue to be in force until it expires
|
| 602 |
+
or is renewed under this Act; and
|
| 603 |
+
(b) any regulations, guidelines or directives made under the repealed sections
|
| 604 |
+
are saved.
|
assets/example_bills/ghana-domain-name-registry-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:16:41.377006+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Ghana-Domain-Name-Registry-Bill.pdf",
|
| 6 |
+
"document_hash": "47e841def7d120f60d714e041b60d568767a59e8fdad42a7539211d880d59faa",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/ghana-meteorological-authority-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,76 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Ghana Meteorological Authority Bill, 2025 establishes a centralized regulatory body to oversee meteorological services, ensure compliance with international standards, and manage climate-related data. It introduces licensing requirements for service providers, creates a National Meteorological Fund, and outlines governance structures for the Authority. Key provisions include mandatory licensing, penalties for non-compliance, and mechanisms for funding through fees, taxes, and international partnerships.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Ghana Meteorological Authority as a corporate body to regulate meteorological services and ensure international standards.",
|
| 5 |
+
"Mandates licensing for all meteorological data service providers, agents, and related businesses.",
|
| 6 |
+
"Creates a National Meteorological Fund sourced from taxes, fees, and international contributions for research, infrastructure, and public services.",
|
| 7 |
+
"Defines the Authority's governance structure, including a Board with members from government, academia, and industry.",
|
| 8 |
+
"Imposes penalties for unlicensed operations, fraud, or misuse of official seals, including fines and license revocation.",
|
| 9 |
+
"Requires the Authority to conduct audits, publish annual reports, and maintain transparency in financial and operational matters."
|
| 10 |
+
],
|
| 11 |
+
"implementation": [
|
| 12 |
+
{
|
| 13 |
+
"stakeholder": "Meteorological service providers",
|
| 14 |
+
"obligation": "Obtain and maintain a license from the Authority to operate legally.",
|
| 15 |
+
"implementation_burden": "Administrative costs for application, compliance with licensing conditions, and potential delays in approval.",
|
| 16 |
+
"risk_or_note": "Non-compliance risks fines, license suspension, or revocation, impacting business continuity."
|
| 17 |
+
},
|
| 18 |
+
{
|
| 19 |
+
"stakeholder": "Public institutions (e.g., Ghana Civil Aviation Authority)",
|
| 20 |
+
"obligation": "Contribute specified percentages of fees (e.g., landing charges, airport taxes) to the National Meteorological Fund.",
|
| 21 |
+
"implementation_burden": "Administrative effort to calculate and remit contributions, potential disputes over allocation.",
|
| 22 |
+
"risk_or_note": "Non-compliance may result in legal action or penalties under the Act."
|
| 23 |
+
},
|
| 24 |
+
{
|
| 25 |
+
"stakeholder": "Board members",
|
| 26 |
+
"obligation": "Adhere to disclosure rules, avoid conflicts of interest, and attend Board meetings.",
|
| 27 |
+
"implementation_burden": "Time commitment for meetings, potential liability for non-disclosure of conflicts.",
|
| 28 |
+
"risk_or_note": "Removal from the Board for violations, including failure to disclose interests."
|
| 29 |
+
},
|
| 30 |
+
{
|
| 31 |
+
"stakeholder": "Consumers (e.g., farmers, transport operators)",
|
| 32 |
+
"obligation": "Access meteorological services through licensed providers.",
|
| 33 |
+
"implementation_burden": "Potential increase in service costs due to licensing fees passed on to users.",
|
| 34 |
+
"risk_or_note": "Reduced access to unregulated or informal services, which may be cheaper but less reliable."
|
| 35 |
+
}
|
| 36 |
+
],
|
| 37 |
+
"critique": [
|
| 38 |
+
{
|
| 39 |
+
"issue": "Overlapping regulatory responsibilities with existing agencies (e.g., Ghana Civil Aviation Authority).",
|
| 40 |
+
"why_it_matters": "May create administrative redundancies and confusion over jurisdiction for service providers.",
|
| 41 |
+
"recommendation": "Clarify delineation of roles between the Authority and other agencies in implementing regulations."
|
| 42 |
+
},
|
| 43 |
+
{
|
| 44 |
+
"issue": "Licensing conditions not explicitly defined in the bill.",
|
| 45 |
+
"why_it_matters": "Ambiguity could lead to arbitrary enforcement or inconsistent standards for applicants.",
|
| 46 |
+
"recommendation": "Detail licensing criteria (e.g., technical qualifications, equipment standards) in subsidiary regulations."
|
| 47 |
+
},
|
| 48 |
+
{
|
| 49 |
+
"issue": "Limited safeguards against regulatory capture by industry players on the Board.",
|
| 50 |
+
"why_it_matters": "Board members with industry ties may prioritize commercial interests over public service goals.",
|
| 51 |
+
"recommendation": "Mandate independent oversight of Board appointments and include public interest advocates on the Board."
|
| 52 |
+
}
|
| 53 |
+
],
|
| 54 |
+
"swot": {
|
| 55 |
+
"strengths": [
|
| 56 |
+
"Centralized governance ensures uniform standards for meteorological services.",
|
| 57 |
+
"Diverse Board composition (government, academia, industry) promotes balanced decision-making.",
|
| 58 |
+
"Multiple funding sources (taxes, fees, international contributions) reduce reliance on annual budgets."
|
| 59 |
+
],
|
| 60 |
+
"weaknesses": [
|
| 61 |
+
"Licensing requirements may stifle innovation by small startups without clear exemptions.",
|
| 62 |
+
"Complex funding mechanisms (e.g., 3% of construction contracts) could face compliance challenges.",
|
| 63 |
+
"No explicit provisions for dispute resolution beyond the Appeal Tribunal."
|
| 64 |
+
],
|
| 65 |
+
"opportunities": [
|
| 66 |
+
"Enhanced climate resilience through improved data sharing and research funding.",
|
| 67 |
+
"Potential for international collaboration via the World Meteorological Organization.",
|
| 68 |
+
"Growth of private-sector meteorological services under regulated frameworks."
|
| 69 |
+
],
|
| 70 |
+
"threats": [
|
| 71 |
+
"High compliance costs for SMEs may reduce market participation in meteorological services.",
|
| 72 |
+
"Risk of political interference in the Board's decision-making processes.",
|
| 73 |
+
"Dependence on volatile international funding sources for the National Meteorological Fund."
|
| 74 |
+
]
|
| 75 |
+
}
|
| 76 |
+
}
|
assets/example_bills/ghana-meteorological-authority-bill-2025/chunks.json
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"1\nGHANA M ETEORO LOGICAL AUTHORITY BILL, 2025\nARRANGEMENT OF SECTIONS\nSection\nEstablish ment of the Meteor ological Authority\n1. Establish ment of the Authority\n2. Objec t of the Authority\n3. Funct ions of the Authority\n4. Governing body of the Authority\n5. Funct ions of the Board\n6. Tenure of office of members of the Board\n7. Meetings of the Board\n8. Disclosure of interest\n9. Establishment of committees\n10. Organisation and operation of the National Framework for Climate Services\n11. Offices of the Authority\n12. Allowances\n13. Policy directives\nAdministr ative prov isions\n14. Director -General of the Authority\n15. Functions of the Director -General\n16. Principal Officers of the Authority\n17. Secretary to the Board\n18. Appointment of other Staff\n19. Funds of the Authority\n20. Bank Account of the Authority\n21. Administrative expenses of the Authority\n22. Internal Audit Unit\n23. Accounts and audit\n24. Annual report and other reports\n25. Borrowing powers\n26. Tax exemption\nNational Meteorological Fund\n27. Establishment of the National Meteorological Fund\n28. Object s of the Fund\n29. Application of monies for the Fund\n30. Sources of money for the Fund\n31. Bank account for the Fund\n32. Payment s from the Fund\n33. Management of the Fund\n34. Investment of the Fund\nLicensing and Related Matters\n2\n35. Requirement for licence to operate\n36. Application for a licence\n37. Conditions for grant of a licence\n38. Grant of licence\n39. Non-transferability of licence\n40. Renewal of licence\n41. Suspension of licence\n42. Revocation of licence\n43. Restoration of licence\n44. Appeals to the Tribunal\n45. Confidentiality",
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"36. Application for a licence\n37. Conditions for grant of a licence\n38. Grant of licence\n39. Non-transferability of licence\n40. Renewal of licence\n41. Suspension of licence\n42. Revocation of licence\n43. Restoration of licence\n44. Appeals to the Tribunal\n45. Confidentiality\n46. Improper use official seal of the organi sation\n47. Offence s\n48. Offences by a body of persons\nMiscellaneous Provisions\n49. Power to enter land or premises\n50. Execution of contract\n51. Regula tions\n52. Interpretation\n53. Repeal and savings\n54. Transitional Provisions\nSCHEDULE\n(Section 46)\n3\nA\nBILL\nENTITLED\nGHANA M ETEORO LOGICAL AUTHORITY BILL, 2025\nAN ACT to provide for the establishment of a Meteorological Authority as a regulatory body to\nlicense and regulat e the operations of meteorological data services providers ; to spearhead\nmeteorological research and training ; advice on all weather and climate issues and to ensure that all\nmeteorological services and practices meet the international standard s and for related matters.\nPASSED by Parliament and assented to by the President\nEstablish ment of the Meteor ological Authority\nEstablish ment of the Authority\n1. (1) There is es tablished by th is Act , the Ghana Meteorological Authority as a body\ncorporate .\n(2) The Authority may for the performance of the functions of the Authority acquire\n4\nand hold proper ty, dispose of property and enter into any cont ract or related transaction .\n(3) Where th ere is an hindrance to the acqu isition of land, the land may be acquired\nfor the Authority under the Lands Act, 2020 (Act 1036 ) and the cost shall be borne by the Authority.\nObjec t of the Authority",
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"(3) Where th ere is an hindrance to the acqu isition of land, the land may be acquired\nfor the Authority under the Lands Act, 2020 (Act 1036 ) and the cost shall be borne by the Authority.\nObjec t of the Authority\n2. The ob ject of the Authority is to provide meteorological services in the count ry and ensure\nthe op eration and maintenance of international standa rds and practices in meteorology in the\ncount ry.\nFunct ions of the Authority\n3. To achieve the object under section 2, t he Authority sha ll\n(a) advise Govern ment on meteorology gene rally;\n(b) issue w eather forecasts for the s afe opera tion of ai rcraft, ocean -going vessel s, oil\nrigs and other socio-econo mic activities;\n(c) provide meteorological infor mation, advice and warn ings for the b enefit of\nagriculture, civil and military aviati on, surface a nd marine tr ansport, operational\nhydrology and manag ement of energy and water resources to mitigate the effec ts\nof nat ural disasters such as floods, stor ms and d roughts on soci o-econo mic\ndevelop ment and projects;\n(d) promote the use of meteorology in agriculture, prevention of dr ought and\ndesertification act ivities;\n(e) establish, organi se and manage surface and u pper air obs ervational sta tion networ ks;\n(f) collect, process, and disseminate meteorological infor mation national ly and",
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"desertification act ivities;\n(e) establish, organi se and manage surface and u pper air obs ervational sta tion networ ks;\n(f) collect, process, and disseminate meteorological infor mation national ly and\ninternationally in a ccordance with the rules, practices a nd procedur es establis hed\nunder i nternational conven tions;\n(g) ensure uniform standards of obs ervation of meteorologic al pheno mena in the\ncountry;\n(h) train, conduct and undertake research p articularly in the field of tropica l,\nagricultural, hydro logical and other aspects of meteorology;\n(i) store meteorolo gical data and infor mation f or the purpos es of planning and\nimplementation of infrast ructural projects;\n(j) develop a nd prov ide telecom munication systems for meteorological purposes on ly;\n(k) participate in local and in ternational tra ining and research in meteorology and\nclimatology and in o ther related fie lds in co-operation w ith other relevant\ninstitutions and authorities conce rned with applied meteorological research;\n(l) collaborate with relevant foreign and i nternational or ganisations for the purposes of\nthis Act;\n(m) be the sole authority to app rove the establishment of meteorological stations for\nmeteorological observations and the approved stations share data with the Authority ;\n(n) provide consultancy services in meteorology to the pu blic;\n(o) calibrate, develop and fabric ate meteorologic al equipment for internal use and\nexpo rt;",
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"meteorological observations and the approved stations share data with the Authority ;\n(n) provide consultancy services in meteorology to the pu blic;\n(o) calibrate, develop and fabric ate meteorologic al equipment for internal use and\nexpo rt;\n(p) condu ct investi gations in to meteorological issues and advise the Minister\naccordingly;\n(q) ensure d ue compliance with conventions, pr otocols and any other relevant standards\nand re commended pra ctices of the World Me teorological Organisat ion; and\n5\n(r) perform such o ther functions as are incidental to the objec ts of the Authority or as\nthe Minister in consultation with the Bo ard may di rect.\nGoverning body of the Authority.\n4. (1) The gove rning body of the Authority is a Board consisting of\n(a) the Minister , as chairperson ;\n(b) the Dir ector-General of the Authority;\n(c) a repres entative each not below the rank of a Director nominated by the\nrespective Minister responsible for\n(i) Communication, Digital Technology and Innovations ;\n(ii) Transport;\n(iii) Enviro nment and Science;\n(d) a repres entative each from\n(i) the Water Reso urces Com mission not below the rank of a\nDirector;\n(ii) the Ghana Instit ution of Engineer ing;\n(iii)a university in the coun try that offers Meteorology a nd Cli mate Scien ce\nnominated by the Minister;\n(iv) the air transport indus try; and\n(e) two other perso ns one of whom is a wo man nominated by the President.",
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"(iii)a university in the coun try that offers Meteorology a nd Cli mate Scien ce\nnominated by the Minister;\n(iv) the air transport indus try; and\n(e) two other perso ns one of whom is a wo man nominated by the President.\n(2) The President shall, in accordance with article 70 of the Constitution, appoint the\nmembers of the Board\n(3) The President s hall in making appoin tments under paragraph (e) of subsection 1 ,\nhave regard to the expertise and experience of the pers ons in matters rel ated to the functions of\nthe Authority.\nFunct ions of the Board\n5. The Board sh all\n(a) ensure the implementation of the ob jects and functions of the Authority;\n(b) ensure the implementation of rul es, reg ulations and p rocedures laid down by the\nWorld Meteorological Org anisation in accordance with provi sions under this Ac t;\n(c) manage the Nat ional Meteorological Fund; and\n(d) formulate policies for the efficient and effective performance of the functions of the\nAuthority.\nTenure of office of members of the Board\n6. (1) A member of the Board shall hold office for a period of three years and is\neligible for re -appointment for another term only.\n(2) Subsection (1) does not apply to the Director - General or any other person who is a\nmember of the Board by virtue of office.\n(3) A member of the Board other than the Director -General may, at any time by letter\naddressed to the President through the Minister, resign from office.\n6",
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"member of the Board by virtue of office.\n(3) A member of the Board other than the Director -General may, at any time by letter\naddressed to the President through the Minister, resign from office.\n6\n(4) A member of the Board , other than the Director -General who is absent from\nthree consecutive meeting of the Board without sufficient cause cease s to be a member of\nthe Board.\n(5) A member may , at any time, resign from office in writing addressed to the President\nthrough the Minister.\n(6)Where a member of the Board is for sufficient reason, unable to act as a member of the\nBoard, the Minister shall determine whether the inability would result in the declaration of a\nvacancy.\n(7) Where there is a vacancy\n(a) under subsection (3),(4), (5) or subsection (2) of section 8 ,\n(b) as a result of a declaration under subsection (6), or\n(c)by reason of the death of a member,\nthe Minister shall notify the President of the vacancy and the President shall appoint a person\nto fill the vacancy.\nMeetings of the Board.\n7. (1) The Bo ard shall meet at least once every three months for the conduct of business at a\ntime and p lace determined by the chairperson .\n(2) The ch airperson s hall, at the req uest in writing of not less than on e-third of the\nmembership of the Board, convene a n extraordinary meeting of the Board at a time and\nplace determined by the Board .\n(3) The quo rum at a meeting of the Board is seven members.",
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"membership of the Board, convene a n extraordinary meeting of the Board at a time and\nplace determined by the Board .\n(3) The quo rum at a meeting of the Board is seven members.\n(4) The chairperson shall preside at meetings of the Board and in the absence of the\nchairperson , a member of the Board elected by the members present from among their number\nshall presid e.\n(5) Matters before the Board shall be dec ided by a majority of members present and\nvoting and in the event of equality of votes, the p erson presiding sh all have a cast ing vote.\n(6) The Bo ard may co-opt a p erson to attend a meeting of the Board but that person\nshall not vote on a matter for decision at the meeting.\n(7) The procee dings of the Boa rd sha ll not be invalidated because of a vacancy a mong\nthe members or by a defect in the appoint ment or qualification of a member of the Board .\n(8) Subject to this section, the Board shall determine the procedure for its meetings\nof the Board .\nDisclosure of interest\n8. (1) A member of the Board who has in interest in a matter for consideration\n(a) shall disclose in writing the nature of the interest and the disclosure shall form part\nof the record for the consideration of the matter; and\n(b) is disqualified from being present at or participating in the deliberations of the\nBoard except in respect of that matter.\n7\n(2) A member ceases to be a member of the Board if the member if that member has an interest\nin the matter before the Board and\n(a) fails to disclose that interest; o r",
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"Board except in respect of that matter.\n7\n(2) A member ceases to be a member of the Board if the member if that member has an interest\nin the matter before the Board and\n(a) fails to disclose that interest; o r\n(b) is present at or participates in the deliberations of the Board in respect of that\nmatter.\n(3) Without limiting any further cause of action that may be instituted against the member ,\nthe Board shall recover any benefit derived by a member who contravenes subsection(1) in addition\nto the revocation of the appointment of that member.\nEstablishment of committees\n9. (1) The Board may establish a committee consisting of members of the Board and non-\nmembers of the Board or both to perform a function of the Board.\n(2) A committ ee composed of members and non -members of the Board shall be\nchaired by a member of the Board .\n(3) A Committee of the Board composed of non -members only is advisory.\n(4) Section 8 applies to members of a committee of the Board.\nOrgani sation and operation of the National Framework for Climate Services\n10. The Minister shall be responsible to\n(a) organi se and operation alise of the National Framework for Climate Services ;\n(b) oversee the establishment of the Inter-ministerial Committee for the operation of\nthe National Framework for Climate Services ; and\n(c) establish the Scientific and Technical Committee for the operations of the\nNational Framework for Climate Services.\nOffice s of the Authority\n11. (1) The Authority shall establish regional offices of the Authority in the regional\ncapitals.\n(2) The Authority may establish other offices within a region as the Board may\ndetermine.",
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"National Framework for Climate Services.\nOffice s of the Authority\n11. (1) The Authority shall establish regional offices of the Authority in the regional\ncapitals.\n(2) The Authority may establish other offices within a region as the Board may\ndetermine.\n(3) An office established by the Authority shall perform t he functions determined by the\nAuthority.\nAllowances\n12. Members of the Board and members of a committee shall be paid allowances\napproved by the Minister in consultation with the Minister for Finance.\nPolicy directives\n13. The Minister may give directives to the Board on matters of policy and the Board\nshall comply\n8\nAdministrative provisions\nDirector -General of the Authority\n14. (1) The President shall , in accordance with article 195, appoint a Director - General\nfor the Authority.\n(2) The Director -General\n(a) is the chief executive of the Authority ; and\n(b) shall hold office on terms and conditions specified in the letter of appointment .\nFunctions of the Director -General\n15. (1) The Director -General is\n(a) responsible for the day to day administration of the Authority;\n(b) responsible for the implementation of the decisions of the Authority; and\n(c) answerable to the Board .\n(2) The Director -General shall perform any other function assigned by the Board.\n(3) The Director -General may delegate a function to an officer of the Authority but\nis not relieved of the ultimate responsibility for the performance of the delegat ed function .\n(4) The Director -General shall be the permanent representative of Ghana to the World\nMeteorological Organization in accordance with the provisions of Regulation 6 of the World\nMeteorological Organization, Basic Document No. 15.\nPrincipal officers of the Authority",
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"(4) The Director -General shall be the permanent representative of Ghana to the World\nMeteorological Organization in accordance with the provisions of Regulation 6 of the World\nMeteorological Organization, Basic Document No. 15.\nPrincipal officers of the Authority\n16. (1) The Director -General shall be assisted by two Deputy Director s-General and other\nprincipal officers as the Board may determine.\n(2) The President shall in accordance with the advice of the Board given in consultation\nwith the Public Services Commission appoint the two Deputy Director s-General and other\nprincipal officers of the A uthority.\nSecretary to the Board.\n17. (1) The Board shall designate the head of legal services of the Authority as Secretary to\nthe Board.\n(2) The Secretary shall\n(a) be a legal practitioner of less than 10 years standing as a lawyer;\n(b) subject to the directions of the Board, arrange the business of the meetings of\nthe Board;\n(c) record and keep the minutes of the meetings and proceedings of the Board; and\n(d) perform any other function as the Board and the Director -General may in\nwriting, direct .\nAppointment of other Staff\n18. (1) The President shall in accordance with article 195, appoint other officers and staff of\nthe Authority necessary for the effective and efficient performance of the functions of the\nAuthority.\n9\n(2) The Board may on the recommendations of the Director -General engage the services of\nexperts and consultants as the Board may determine.\n(3) The appointment of officers of the Authority shall be made by the President in\naccordance with the advice of the Board given in consultation with the Public Services\nCommission and upon such terms and conditions as the appointing authority shall determine.\nFunds of the Authority\n19. The Fund of the Authority include",
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"(3) The appointment of officers of the Authority shall be made by the President in\naccordance with the advice of the Board given in consultation with the Public Services\nCommission and upon such terms and conditions as the appointing authority shall determine.\nFunds of the Authority\n19. The Fund of the Authority include\n(a) moneys approved by Parliament in the budget;\n(b) administ rative penalties payable under this Act;\n(c) loans, donations and grants;\n(d) moneys accruing to the Authority from investments;\n(e) any other internally generated fund;\nBank account of the Authority\n20. Money for the Authority shall be paid into a bank account opened for the purpose with the\napproval of the Controller and Accountant -General.\nAdministrative expenses of the Authority\n21. The administrative expenses of the Authority shall be a charge on the Consolidated Fund .\nInternal Audit Unit\n22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of\nthe Public Financial Management Act, 2016 (Act 921).\n(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be\nappointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).\n(3) The Internal Auditor is responsible for the internal audit of the Authority.\n(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the\nInternal Audit A gency Act, 2003 (Act 658), at intervals of three months\n(a) a prepare and submit to the Board, a report on the internal audit carried out\nduring the period of three months immediately preceding the preparation of\nthe report; and\n(b) make recommendations in each report, with respect to matters which appear",
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"(a) a prepare and submit to the Board, a report on the internal audit carried out\nduring the period of three months immediately preceding the preparation of\nthe report; and\n(b) make recommendations in each report, with respect to matters which appear\nto the Internal Auditor as necessary for the conduct of the affairs of the\nAuthority.\n(5) The Internal Auditor shall, in accordance with subsection 4 of section 16 of the\nInternal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this\nsection to the Director -General and the chairperson of the Board\nAccounts and audit\n23. (1) The Board shall keep books, records and returns of account and other documents\nrelevant to accounts in a form approved by the Auditor -General.\n(2) The Board shall submit the accounts of the Authority to the Auditor -General within\nthree months after the end of the financial year.\n10\n(3) The Auditor -General within six months after the end of the immediately preceding\nfinancial year , audit the accounts of the Authority and forward a copy each of the audited report to\nthe Minister and the Board.\n(4) The financial year of the Authority is the same as the financial year of the government.\nAnnual report and other reports.\n24. (1) The Board shall within thirty days after receipt of the audit report, submit an\nannual report to the Minister covering the activities and operations of the Authority for the year to\nwhich the annual report relates.\n(2)The annual report shall include the report of the Auditor -General .\n(3) The Minister shall within two months after receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessa ry.",
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"which the annual report relates.\n(2)The annual report shall include the report of the Auditor -General .\n(3) The Minister shall within two months after receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessa ry.\n(4) The Board shall submit to the Minister any other report which the Minister may\nrequire in writing.\nBorrowing powers\n25. (1) Subject to article 181 of the Co nstitution and section 76 of the Public Financial\nManagement Act, 2016 (Act 921) and with prior consent in writing of the Minister responsible for\nFinance, the Authority may borrow money from a body corporate, financial market or any other\nperson,\n(2) For the purposes of securing the money borrowed, the Authority may mortgage,\ncharge or pledge a right, ti tle or an interest in any of the properties of the Authority.\nTax exemption\n26. Subject to article 174 of the Constitution and the Exemptions Act 2022 , Act ( 1038) the\nAuthority is exempt from the payment of taxes that the Minister, may in writing, determine, with\nthe prior approval of Parliament.\nNational Meteorological Fund\nEstablis hment of the National Meteorological Fund\n27. There is es tablished by th is Act the Nation al Meteorological Fun d.\nObject s of the Fund\n28. \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\nApplication of moneys for the Fund\n29. Mon eys of the Fund shall be applied for\n(a) publici ty and promoti on of the activities of the Authority;\n(b) research, studies and investigations relat ed to the functions of the Authority;\n(c) human resource development;",
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"29. Mon eys of the Fund shall be applied for\n(a) publici ty and promoti on of the activities of the Authority;\n(b) research, studies and investigations relat ed to the functions of the Authority;\n(c) human resource development;\n(d) the development and maintenance of any property vested in or owned by the\nAuthority; and\n(e) other purposes relevant to the obj ect of the Authority as the Board in consultation\nwith the Minister shall determine.\n11\nSources of money for the Fund\n30. The sources of money for the Fund are\n(a) monies approved by Parliament;\n(b) fees and cha rges accruing to the Authority in the pe rformance of the functions of\nthe Authority ;\n(c) ten percent of all Landing Charg es collected by the Ghana Civil Aviation\nAuthority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 20 24\n(Act 1120 );\n(d) ten percent of Over-flight Charg es collected by the Ghana Civil Aviation\nAuthority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 2024\n(Act 1120);\n(e) five percent of Airport Tax c ollected by an aerodro me ope rator in ac cordance\nwith section 1 of the Ai rport Tax Act, 1963 (Act 209);\n(f) one percent of the tax -exclusive cost of construction works contract in respect\nof all government and non -government buildings, roads, dams,\ntelecommunication masts and other related projects in Ghana, for the provision of\nmeteorological information.\n(g) two and half per cent of pre -tax contract value of construction works .",
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"of all government and non -government buildings, roads, dams,\ntelecommunication masts and other related projects in Ghana, for the provision of\nmeteorological information.\n(g) two and half per cent of pre -tax contract value of construction works .\n(h) three percent per barrel of crude oil produced by offshore and onshore\nCompanies .\n(i) three percent of all registration and licenc ing fees collected by the Fisheries\nCommission ;\n(j) ten percent of gross revenue of freight of all international inbound and outbound\ncargo from ships or shipping companies operating in Ghana collected and paid\nover to the Ghana Maritime Administration Authority.\n(k) three percent of all habour and river guide dues and rates collec ted by the\nNational Inland Waterways Authority .\n(l) seven and half percent of all harbour and port charges/ dues and pilotage\ndues/charges collected by the Ghana Ports and Harbour Authority.\n(m) five percent of all premiums collected by the Ghana Agricultural Insurance Pool\nfrom policy holders, for the provision of agro -meteorological services.\n(n) five percent of the total premiums collected annually by agricultural insurance\nproviders and related entities as a cost recovery fee for the provision of agro -\nmeteorological data and information.\n(o) fees and funds from meteorological training schools\n(p) fees and funds from meteorological calibration laboratory\n(q) interest from investments;\n(r) loans; and\n(s) grants, donations and gifts.\nBank account for the Fund\n31. The moneys for the Fund shall be paid into a bank account opened by the Board for the\npurpose with the approval of the Controller and Accountant - General.\n12\nPayments from the Fund",
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"(r) loans; and\n(s) grants, donations and gifts.\nBank account for the Fund\n31. The moneys for the Fund shall be paid into a bank account opened by the Board for the\npurpose with the approval of the Controller and Accountant - General.\n12\nPayments from the Fund\n32. All payments from the Fund shall be by cheque and signed by\n(a) the Chairperson of the Board or in the absence of the Chairperson any member\nof the Board designated to do so; and\n(b) the Director -General.\nManagement of the F und\n33. (1) The Fu nd sha ll be administered by the Bo ard.\n(2) The Bo ard shall for the purpose of administration of the Fund\n(a) formulate pol icies to gene rate money for the Fund;\n(b) deter mine the allocation to be made towa rds the objects of the Fund; and\n(c) determine annual targets of the Fund.\n(3) Sections 23 and 24 apply to the Fund.\nInvest ment of the Fund\n34. The Board may inv est a part of the Fund as it consi ders approp riate in securities as\nthe Minister responsible for Finance .\nLicensing and Related Matters\nRequirement for licence to operate\n35. A person shall not\n(a) provide meteorological data services,\n(b) provide services as a meteorological agent,\n(c) engage in any business connected with the provision of meteorological services , or\n(d) engage in meteorological transactions\nunless that person has obtained a license to operate as a Meteorological Services Provider or A gent\nfrom the Authority .\nApplication for a licence\n36. (1) A person shall apply to the Authority for a licence as a Meteorological Service\nProvider or Agent.",
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"(d) engage in meteorological transactions\nunless that person has obtained a license to operate as a Meteorological Services Provider or A gent\nfrom the Authority .\nApplication for a licence\n36. (1) A person shall apply to the Authority for a licence as a Meteorological Service\nProvider or Agent.\n(2) An application for a licence shall\n(a) be made to the Authority in the form determined by the Board ;\n(b) in the case of a company, society, association or partnership be accompanied with\nan attestation that officers of the company, society, association or partnership do\nnot have any criminal record; and\n(c) where appropriate, be accompanied with the prescribed fee for the examination\nof equipment.\nConditions for grant of a licence\n37. (1) The Authority may issue a licence to a person if the person has met all the\nrequirements determined by the Authority.\n(2) The Authority shall publish the requirements for application for the licence.\n13\nGrant of licence\n38. (1) The Authority shall, on receipt of an application, carry out background checks, including\ninvestigation of criminal history and inspection of the facilities of the applicant, that the Authority\nconsiders necessary.\n(2) The Authority shall, within sixty days after the receipt of an application, if the Authority\ndetermines that the applicant has satisfied the conditions of a licence, grant the app licant a licence.\n(3) A licence issued under subsection (2) shall\n(a) be in the form determined by the Authority;\n(b) bear the name and address of the licensee;\n(c) indicate the date of issue;\n(d) be valid for one year from the date of issue and is renewable; and",
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"(a) be in the form determined by the Authority;\n(b) bear the name and address of the licensee;\n(c) indicate the date of issue;\n(d) be valid for one year from the date of issue and is renewable; and\n(e) be subject to the terms and conditions determined by the Board; and bear the seal\nof the Authority.\nNon-transferability of licence\n39. A licence issued under this Act is not transferable.\nRenewal of licence\n40. (1) A licence granted under section 38 may be renewed, if the application for renewal is\n(a) made within thirty days before the licence expires ;\n(b) signed and accompanied with a statutory declaration by the applicant; and\n(c) in the form determined by the Authority;\n(d) not in breach of any of the terms and conditions of the licence;\n(e) accompanied with the valid tax clearance certificate; and\n(f) accompanied with the prescribed fee for the renewal of the licence.\n(2) An application for renewal shall satisfy the requirements for grant of a licence.\nSuspension of licence\n41. (1) The Authority may suspend the licence of a meteorological service provider or\nagent or where the Authority determines that the meteorological agent has failed to perform the\nfunction specified in the licence .\n(2) The Authority shall suspend the licence, if the Authority\n(a) gives at least ten days' notice to the service provider or agent whose licence the\nAuthority intends to suspend;\n(b) states in the notice the grounds for the suspension;\n(c) serves on the service provider or agent a copy of any complaint or charges which\nthe Authority proposes to consider; and",
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"Authority intends to suspend;\n(b) states in the notice the grounds for the suspension;\n(c) serves on the service provider or agent a copy of any complaint or charges which\nthe Authority proposes to consider; and\n(d) gives the agent, the opportunity to be heard either in person or be represented by a\n14\nlawyer, and examine and cross -examine witnesses and present documents and\nother evidence in support of the case of that service provider or agent .\n(3) The Authority shall suspend the licence of a meteorological service provider or Agent\nwho, after being given notice, fails to take the required remedial action within the specified time.\nRevocation of licence\n42. Subject to this Act , the Authority shall revoke the licence of an agent or servic e if the\nAuthority determines that\n(a) the licence was obtained by fraud ;\n(b) the agent is convicted by a court of competent jurisdiction for a serious offence;\n(c) in the performance of a function authorised by the licence, the agent knowingly makes\na fraudulent misrepresentation ; or\n(d) the equipment of the agent is found to be substandard during inspections.\nRestoration of licences\n43. The Authority shall restore a licence if the licensee complies with the directi ves issued by\nthe Authority.\nAppeals to the Tribunal\n44. (1) An Applicant who is aggrieved by a decision of the Authority in respect of a\nsuspension, revocation or refusal to grant a licence shall appeal to the Appeal tribunal .\n(2) The decision of the tribunal shall be final and binding.\nConfidentiality\n45. (1) A member of the Board, the Dir ector-General, or any other of ficer or employee of the",
|
| 22 |
+
"(2) The decision of the tribunal shall be final and binding.\nConfidentiality\n45. (1) A member of the Board, the Dir ector-General, or any other of ficer or employee of the\nAuthority shal l\n(a) subject to any existing law, treat as confidential any in formation obtai ned in the\nexercise of p owers or the p erformance of duties under this Act; and\n(b) not dis close any information except when required to do so by a court, under\nany enac tment or other circ umstances d etermined by the Board.\n(3) Any per son who contravenes to subsection ( 1) shall be sub ject to disci plinary action,\nand in the case of a member of the Board be l iable to be removed from the Boa rd.\nImproper use of the official seal of the organi sation\n46. (1) A perso n shall not, without the authority of the Minister use\n(a) the of ficial seal and e mblem of the World Meteorological Organisation as specified in\nthe schedule ; or\n(b) the desi gnation \"World Meteorological Or ganization\" or an abb reviation of\nthat designation.\n(3) A person who contravenes su bsection (1) comm its an offence and is liable on\nsummary convi ction to a fine not exceeding 200 penalty units and s hall forfeit to the Republ ic\nthe goods in co nnection with which the seal, emblem or de signat ion was used.\n15\nOffence s\n47. (1) A person shall not",
|
| 23 |
+
"summary convi ction to a fine not exceeding 200 penalty units and s hall forfeit to the Republ ic\nthe goods in co nnection with which the seal, emblem or de signat ion was used.\n15\nOffence s\n47. (1) A person shall not\n(a) provide or secure meteorological data for use in or out of of Ghana,\nwithout a license granted by the Authority;\n(b) contravenes the regulations, rules, orders or directives issued under any of\nthe provisions of this Act;\n(2) A person who contravenes subsection (1) commits an offence is liable\n....................................................\nOffences by a body of persons\n48. (1) Where an offence is committed by a body of persons\n(a) in the c ase of a body corpo rate, every d irector or officer of that body corporate\nshall be dee med to have com mitted that of fence; and\n(b) in the case of a par tnership or a f irm, every partner of the partnership or firm\nshall be dee med to have com mitted that of fence\n(2) A person shall not be deemed to have committed an offence und er subsection (1) , if that\nperson proves that the act in respect of which that person is charged was committed by some\nother person without the consent or connivance of that perso n and that the per son exe rcised all",
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| 24 |
+
"person proves that the act in respect of which that person is charged was committed by some\nother person without the consent or connivance of that perso n and that the per son exe rcised all\ndue diligence to prevent the commission of t he offence hav ing re gard to all the circumstances.\nMiscellaneous Provisions\nPower to enter land or premises\n49. (1) For the purpose of carrying out a function under this Act, an officer of the\nAuthority may, after giving notice to the owner or occupier of any land or premises, enter the\nland or premises and do any act reasonably necessary for carrying out the function and in particular\nmay\n(a) inspect and examine a land, building or equipment of meteorological stations;\n(b) inspect and examine accounts, records and memoranda required to be kept by\nmeteorological stations;\n(c) cut down and remove any tree, underwood or structure that may interfere with\nsurveys; and\n(d) remove any installation which constitutes a hindrance to the deli very of\nmeteorological climate in consultation with the Environmental Protection\nAuthority.\n(2) The Authority shall pay compensation for any damage caused as a result of action taken\nunder subsection (1), and the liability for and the amount of the compensation shall in case of\ndispute be settled in the first instance by negotiation.\n(3) The Authority may delegate a power under this section to the relevant District\nAssembly.\nExecution of contract\n50. (1) The use of the seal of the Authority shall b e authenticated by the signatures of\n(a) the Director -General; and\n16\n(b) the chairperson of the Board or in the absence of the chairperson any other officer",
|
| 25 |
+
"Assembly.\nExecution of contract\n50. (1) The use of the seal of the Authority shall b e authenticated by the signatures of\n(a) the Director -General; and\n16\n(b) the chairperson of the Board or in the absence of the chairperson any other officer\nof the Authority authorised by the Authority to authenticate the use of the seal.\n(2) An instrument or contract which if executed or entered into by a person other than a\nbody corporate would not require to be under seal, may be executed or entered into on behalf of\nthe Authority by the Director -General or any member of the Authority if the p erson has previously\nbeen authorised by a decision of the board to execute or enter into that particular agreement or\ncontract.\n(3) Th is section is subject to section 12 of the Contracts Act, 1960 (Act 25).\nRegula tions\n51. (1) The Minist er may by legislative instrument make regulations to provide for\n(a) guidelines for climatic requirement for sectoral activities;\n(b) the establishment of meteorological stations;\n(c) matters in respect of which fees are payable;\n(d) aerona utical services;\n(e) uniform standards in the ob servation of meteorological pheno mena; and\n(f) provide for the requirement for the grant of a licence.\nInterpr etation.\n52. In this A ct unless the c ontext otherwise requires;\n\u201cAuthority \u201d means the G hana M eteorological Authority es tablished under section\n1 of this Ac t;\n\u201cAeronautical service\u201d includes infor mation, di rection and other facilities furnished,\nissued or prov ided in connection with meteorological for ecasts or dat a;",
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| 26 |
+
"1 of this Ac t;\n\u201cAeronautical service\u201d includes infor mation, di rection and other facilities furnished,\nissued or prov ided in connection with meteorological for ecasts or dat a;\n\u201cagro-meteorology\u201d means the application of meteorological information and\ndata in the monitoring and manag ement of agr icultural activities;\n\u201cBoard \u201d means the gov erning body of the Authority established under section 4\nof this Act;\n\u201cConventio ns\u201d means the WMO Convention, the Convention of the In ternational\nCivil Aviat ion O rganisation, Framework Convention on Cli matic Change and\nConvent ion to Combat Des ertification and Drough t;\n\u201cmeteorology\u201d means the study de aling with pheno mena of the a\natmosphe re;\n\u201cmeteorological services \u201d means\n\u201cmeteorological services providers \u201d means \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n\u201cMinister \u201d means the M inister re sponsible for Communications;\n\u201coperational hydro logy\u201d means the prac tical ap plication of meteorology in relation\nto wat er and flood manage ment;\n\u201cpremises\u201d includes any building or land, sh ip, aircraft, caravan but does not\n17\ninclude a bui lding or place used exclusively as a dwelling place;\n\u201csectoral activitie s\u201d includes activ ities related to agriculture, marine, c ivil\naviation, cons truction and bui lding works, env ironment, wa ter resou rces\nand n atural disaster;\n\u201cupper air \u201d refers to any level above ten meters from the surface of the earth;",
|
| 27 |
+
"aviation, cons truction and bui lding works, env ironment, wa ter resou rces\nand n atural disaster;\n\u201cupper air \u201d refers to any level above ten meters from the surface of the earth;\n\u201cweather\u201d means the state of the a tmosphe re wh ich cons ists of the short-term on the\nscale of minutes to days varia tion of the at mosphe re.\nRepeal and savings\n53. (1) The Ghana Meteorological Agency Act, 2004 (Act 682) is hereby re pealed.\n(2) Notwithstanding the repeal under subse ction (1) any contracts, orders or deci sions or\nanyth ing made or done by a body which until t he coming into force of this Act, was charged with\nthe performance of any of the functions un der this A ct shall, be valid and con tinue in force as if\nit was made or done under th is Act.\nTransitional provisions\n54. (1) The rights, assets, and liabilities that have accrued in respect of the properties\nvested in Ghana Me teorological Agency in existence immediately before the coming into force\nof this Act shall be transferred to the Ghana Meteorological Authority established under this Act.\n(2) A person in the employment of the Ghana Meteorological Agency immediately before\nthe coming into force of this Act, shall on the coming into force of this Act, be deemed to have\nbeen duly employed by the Ghana Meteorological Authority established under this Act on the\nterms and conditions which are not less favourable in aggregate to the terms and conditio ns\nattached to the post held by th e person before the coming into force of this Act.",
|
| 28 |
+
"been duly employed by the Ghana Meteorological Authority established under this Act on the\nterms and conditions which are not less favourable in aggregate to the terms and conditio ns\nattached to the post held by th e person before the coming into force of this Act.\n(3) A contract subsisting between the Ghana Meteorological Agency and another person\nand in effect immediately before the coming into force of th is Act shall subs ist between the Ghana\nMeteorological Authority and that other person subject to modifications that are necessary to\nensure compliance with this Act.\n(4) A person whose license ceases to be valid under the Ghana Meteorological Agency may\napply to t he Ghana Meteorological Authority under this Act."
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| 29 |
+
]
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|
| 1 |
+
1
|
| 2 |
+
GHANA M ETEORO LOGICAL AUTHORITY BILL, 2025
|
| 3 |
+
ARRANGEMENT OF SECTIONS
|
| 4 |
+
Section
|
| 5 |
+
Establish ment of the Meteor ological Authority
|
| 6 |
+
1. Establish ment of the Authority
|
| 7 |
+
2. Objec t of the Authority
|
| 8 |
+
3. Funct ions of the Authority
|
| 9 |
+
4. Governing body of the Authority
|
| 10 |
+
5. Funct ions of the Board
|
| 11 |
+
6. Tenure of office of members of the Board
|
| 12 |
+
7. Meetings of the Board
|
| 13 |
+
8. Disclosure of interest
|
| 14 |
+
9. Establishment of committees
|
| 15 |
+
10. Organisation and operation of the National Framework for Climate Services
|
| 16 |
+
11. Offices of the Authority
|
| 17 |
+
12. Allowances
|
| 18 |
+
13. Policy directives
|
| 19 |
+
Administr ative prov isions
|
| 20 |
+
14. Director -General of the Authority
|
| 21 |
+
15. Functions of the Director -General
|
| 22 |
+
16. Principal Officers of the Authority
|
| 23 |
+
17. Secretary to the Board
|
| 24 |
+
18. Appointment of other Staff
|
| 25 |
+
19. Funds of the Authority
|
| 26 |
+
20. Bank Account of the Authority
|
| 27 |
+
21. Administrative expenses of the Authority
|
| 28 |
+
22. Internal Audit Unit
|
| 29 |
+
23. Accounts and audit
|
| 30 |
+
24. Annual report and other reports
|
| 31 |
+
25. Borrowing powers
|
| 32 |
+
26. Tax exemption
|
| 33 |
+
National Meteorological Fund
|
| 34 |
+
27. Establishment of the National Meteorological Fund
|
| 35 |
+
28. Object s of the Fund
|
| 36 |
+
29. Application of monies for the Fund
|
| 37 |
+
30. Sources of money for the Fund
|
| 38 |
+
31. Bank account for the Fund
|
| 39 |
+
32. Payment s from the Fund
|
| 40 |
+
33. Management of the Fund
|
| 41 |
+
34. Investment of the Fund
|
| 42 |
+
Licensing and Related Matters
|
| 43 |
+
2
|
| 44 |
+
35. Requirement for licence to operate
|
| 45 |
+
36. Application for a licence
|
| 46 |
+
37. Conditions for grant of a licence
|
| 47 |
+
38. Grant of licence
|
| 48 |
+
39. Non-transferability of licence
|
| 49 |
+
40. Renewal of licence
|
| 50 |
+
41. Suspension of licence
|
| 51 |
+
42. Revocation of licence
|
| 52 |
+
43. Restoration of licence
|
| 53 |
+
44. Appeals to the Tribunal
|
| 54 |
+
45. Confidentiality
|
| 55 |
+
46. Improper use official seal of the organi sation
|
| 56 |
+
47. Offence s
|
| 57 |
+
48. Offences by a body of persons
|
| 58 |
+
Miscellaneous Provisions
|
| 59 |
+
49. Power to enter land or premises
|
| 60 |
+
50. Execution of contract
|
| 61 |
+
51. Regula tions
|
| 62 |
+
52. Interpretation
|
| 63 |
+
53. Repeal and savings
|
| 64 |
+
54. Transitional Provisions
|
| 65 |
+
SCHEDULE
|
| 66 |
+
(Section 46)
|
| 67 |
+
3
|
| 68 |
+
A
|
| 69 |
+
BILL
|
| 70 |
+
ENTITLED
|
| 71 |
+
GHANA M ETEORO LOGICAL AUTHORITY BILL, 2025
|
| 72 |
+
AN ACT to provide for the establishment of a Meteorological Authority as a regulatory body to
|
| 73 |
+
license and regulat e the operations of meteorological data services providers ; to spearhead
|
| 74 |
+
meteorological research and training ; advice on all weather and climate issues and to ensure that all
|
| 75 |
+
meteorological services and practices meet the international standard s and for related matters.
|
| 76 |
+
PASSED by Parliament and assented to by the President
|
| 77 |
+
Establish ment of the Meteor ological Authority
|
| 78 |
+
Establish ment of the Authority
|
| 79 |
+
1. (1) There is es tablished by th is Act , the Ghana Meteorological Authority as a body
|
| 80 |
+
corporate .
|
| 81 |
+
(2) The Authority may for the performance of the functions of the Authority acquire
|
| 82 |
+
4
|
| 83 |
+
and hold proper ty, dispose of property and enter into any cont ract or related transaction .
|
| 84 |
+
(3) Where th ere is an hindrance to the acqu isition of land, the land may be acquired
|
| 85 |
+
for the Authority under the Lands Act, 2020 (Act 1036 ) and the cost shall be borne by the Authority.
|
| 86 |
+
Objec t of the Authority
|
| 87 |
+
2. The ob ject of the Authority is to provide meteorological services in the count ry and ensure
|
| 88 |
+
the op eration and maintenance of international standa rds and practices in meteorology in the
|
| 89 |
+
count ry.
|
| 90 |
+
Funct ions of the Authority
|
| 91 |
+
3. To achieve the object under section 2, t he Authority sha ll
|
| 92 |
+
(a) advise Govern ment on meteorology gene rally;
|
| 93 |
+
(b) issue w eather forecasts for the s afe opera tion of ai rcraft, ocean -going vessel s, oil
|
| 94 |
+
rigs and other socio-econo mic activities;
|
| 95 |
+
(c) provide meteorological infor mation, advice and warn ings for the b enefit of
|
| 96 |
+
agriculture, civil and military aviati on, surface a nd marine tr ansport, operational
|
| 97 |
+
hydrology and manag ement of energy and water resources to mitigate the effec ts
|
| 98 |
+
of nat ural disasters such as floods, stor ms and d roughts on soci o-econo mic
|
| 99 |
+
develop ment and projects;
|
| 100 |
+
(d) promote the use of meteorology in agriculture, prevention of dr ought and
|
| 101 |
+
desertification act ivities;
|
| 102 |
+
(e) establish, organi se and manage surface and u pper air obs ervational sta tion networ ks;
|
| 103 |
+
(f) collect, process, and disseminate meteorological infor mation national ly and
|
| 104 |
+
internationally in a ccordance with the rules, practices a nd procedur es establis hed
|
| 105 |
+
under i nternational conven tions;
|
| 106 |
+
(g) ensure uniform standards of obs ervation of meteorologic al pheno mena in the
|
| 107 |
+
country;
|
| 108 |
+
(h) train, conduct and undertake research p articularly in the field of tropica l,
|
| 109 |
+
agricultural, hydro logical and other aspects of meteorology;
|
| 110 |
+
(i) store meteorolo gical data and infor mation f or the purpos es of planning and
|
| 111 |
+
implementation of infrast ructural projects;
|
| 112 |
+
(j) develop a nd prov ide telecom munication systems for meteorological purposes on ly;
|
| 113 |
+
(k) participate in local and in ternational tra ining and research in meteorology and
|
| 114 |
+
climatology and in o ther related fie lds in co-operation w ith other relevant
|
| 115 |
+
institutions and authorities conce rned with applied meteorological research;
|
| 116 |
+
(l) collaborate with relevant foreign and i nternational or ganisations for the purposes of
|
| 117 |
+
this Act;
|
| 118 |
+
(m) be the sole authority to app rove the establishment of meteorological stations for
|
| 119 |
+
meteorological observations and the approved stations share data with the Authority ;
|
| 120 |
+
(n) provide consultancy services in meteorology to the pu blic;
|
| 121 |
+
(o) calibrate, develop and fabric ate meteorologic al equipment for internal use and
|
| 122 |
+
expo rt;
|
| 123 |
+
(p) condu ct investi gations in to meteorological issues and advise the Minister
|
| 124 |
+
accordingly;
|
| 125 |
+
(q) ensure d ue compliance with conventions, pr otocols and any other relevant standards
|
| 126 |
+
and re commended pra ctices of the World Me teorological Organisat ion; and
|
| 127 |
+
5
|
| 128 |
+
(r) perform such o ther functions as are incidental to the objec ts of the Authority or as
|
| 129 |
+
the Minister in consultation with the Bo ard may di rect.
|
| 130 |
+
Governing body of the Authority.
|
| 131 |
+
4. (1) The gove rning body of the Authority is a Board consisting of
|
| 132 |
+
(a) the Minister , as chairperson ;
|
| 133 |
+
(b) the Dir ector-General of the Authority;
|
| 134 |
+
(c) a repres entative each not below the rank of a Director nominated by the
|
| 135 |
+
respective Minister responsible for
|
| 136 |
+
(i) Communication, Digital Technology and Innovations ;
|
| 137 |
+
(ii) Transport;
|
| 138 |
+
(iii) Enviro nment and Science;
|
| 139 |
+
(d) a repres entative each from
|
| 140 |
+
(i) the Water Reso urces Com mission not below the rank of a
|
| 141 |
+
Director;
|
| 142 |
+
(ii) the Ghana Instit ution of Engineer ing;
|
| 143 |
+
(iii)a university in the coun try that offers Meteorology a nd Cli mate Scien ce
|
| 144 |
+
nominated by the Minister;
|
| 145 |
+
(iv) the air transport indus try; and
|
| 146 |
+
(e) two other perso ns one of whom is a wo man nominated by the President.
|
| 147 |
+
(2) The President shall, in accordance with article 70 of the Constitution, appoint the
|
| 148 |
+
members of the Board
|
| 149 |
+
(3) The President s hall in making appoin tments under paragraph (e) of subsection 1 ,
|
| 150 |
+
have regard to the expertise and experience of the pers ons in matters rel ated to the functions of
|
| 151 |
+
the Authority.
|
| 152 |
+
Funct ions of the Board
|
| 153 |
+
5. The Board sh all
|
| 154 |
+
(a) ensure the implementation of the ob jects and functions of the Authority;
|
| 155 |
+
(b) ensure the implementation of rul es, reg ulations and p rocedures laid down by the
|
| 156 |
+
World Meteorological Org anisation in accordance with provi sions under this Ac t;
|
| 157 |
+
(c) manage the Nat ional Meteorological Fund; and
|
| 158 |
+
(d) formulate policies for the efficient and effective performance of the functions of the
|
| 159 |
+
Authority.
|
| 160 |
+
Tenure of office of members of the Board
|
| 161 |
+
6. (1) A member of the Board shall hold office for a period of three years and is
|
| 162 |
+
eligible for re -appointment for another term only.
|
| 163 |
+
(2) Subsection (1) does not apply to the Director - General or any other person who is a
|
| 164 |
+
member of the Board by virtue of office.
|
| 165 |
+
(3) A member of the Board other than the Director -General may, at any time by letter
|
| 166 |
+
addressed to the President through the Minister, resign from office.
|
| 167 |
+
6
|
| 168 |
+
(4) A member of the Board , other than the Director -General who is absent from
|
| 169 |
+
three consecutive meeting of the Board without sufficient cause cease s to be a member of
|
| 170 |
+
the Board.
|
| 171 |
+
(5) A member may , at any time, resign from office in writing addressed to the President
|
| 172 |
+
through the Minister.
|
| 173 |
+
(6)Where a member of the Board is for sufficient reason, unable to act as a member of the
|
| 174 |
+
Board, the Minister shall determine whether the inability would result in the declaration of a
|
| 175 |
+
vacancy.
|
| 176 |
+
(7) Where there is a vacancy
|
| 177 |
+
(a) under subsection (3),(4), (5) or subsection (2) of section 8 ,
|
| 178 |
+
(b) as a result of a declaration under subsection (6), or
|
| 179 |
+
(c)by reason of the death of a member,
|
| 180 |
+
the Minister shall notify the President of the vacancy and the President shall appoint a person
|
| 181 |
+
to fill the vacancy.
|
| 182 |
+
Meetings of the Board.
|
| 183 |
+
7. (1) The Bo ard shall meet at least once every three months for the conduct of business at a
|
| 184 |
+
time and p lace determined by the chairperson .
|
| 185 |
+
(2) The ch airperson s hall, at the req uest in writing of not less than on e-third of the
|
| 186 |
+
membership of the Board, convene a n extraordinary meeting of the Board at a time and
|
| 187 |
+
place determined by the Board .
|
| 188 |
+
(3) The quo rum at a meeting of the Board is seven members.
|
| 189 |
+
(4) The chairperson shall preside at meetings of the Board and in the absence of the
|
| 190 |
+
chairperson , a member of the Board elected by the members present from among their number
|
| 191 |
+
shall presid e.
|
| 192 |
+
(5) Matters before the Board shall be dec ided by a majority of members present and
|
| 193 |
+
voting and in the event of equality of votes, the p erson presiding sh all have a cast ing vote.
|
| 194 |
+
(6) The Bo ard may co-opt a p erson to attend a meeting of the Board but that person
|
| 195 |
+
shall not vote on a matter for decision at the meeting.
|
| 196 |
+
(7) The procee dings of the Boa rd sha ll not be invalidated because of a vacancy a mong
|
| 197 |
+
the members or by a defect in the appoint ment or qualification of a member of the Board .
|
| 198 |
+
(8) Subject to this section, the Board shall determine the procedure for its meetings
|
| 199 |
+
of the Board .
|
| 200 |
+
Disclosure of interest
|
| 201 |
+
8. (1) A member of the Board who has in interest in a matter for consideration
|
| 202 |
+
(a) shall disclose in writing the nature of the interest and the disclosure shall form part
|
| 203 |
+
of the record for the consideration of the matter; and
|
| 204 |
+
(b) is disqualified from being present at or participating in the deliberations of the
|
| 205 |
+
Board except in respect of that matter.
|
| 206 |
+
7
|
| 207 |
+
(2) A member ceases to be a member of the Board if the member if that member has an interest
|
| 208 |
+
in the matter before the Board and
|
| 209 |
+
(a) fails to disclose that interest; o r
|
| 210 |
+
(b) is present at or participates in the deliberations of the Board in respect of that
|
| 211 |
+
matter.
|
| 212 |
+
(3) Without limiting any further cause of action that may be instituted against the member ,
|
| 213 |
+
the Board shall recover any benefit derived by a member who contravenes subsection(1) in addition
|
| 214 |
+
to the revocation of the appointment of that member.
|
| 215 |
+
Establishment of committees
|
| 216 |
+
9. (1) The Board may establish a committee consisting of members of the Board and non-
|
| 217 |
+
members of the Board or both to perform a function of the Board.
|
| 218 |
+
(2) A committ ee composed of members and non -members of the Board shall be
|
| 219 |
+
chaired by a member of the Board .
|
| 220 |
+
(3) A Committee of the Board composed of non -members only is advisory.
|
| 221 |
+
(4) Section 8 applies to members of a committee of the Board.
|
| 222 |
+
Organi sation and operation of the National Framework for Climate Services
|
| 223 |
+
10. The Minister shall be responsible to
|
| 224 |
+
(a) organi se and operation alise of the National Framework for Climate Services ;
|
| 225 |
+
(b) oversee the establishment of the Inter-ministerial Committee for the operation of
|
| 226 |
+
the National Framework for Climate Services ; and
|
| 227 |
+
(c) establish the Scientific and Technical Committee for the operations of the
|
| 228 |
+
National Framework for Climate Services.
|
| 229 |
+
Office s of the Authority
|
| 230 |
+
11. (1) The Authority shall establish regional offices of the Authority in the regional
|
| 231 |
+
capitals.
|
| 232 |
+
(2) The Authority may establish other offices within a region as the Board may
|
| 233 |
+
determine.
|
| 234 |
+
(3) An office established by the Authority shall perform t he functions determined by the
|
| 235 |
+
Authority.
|
| 236 |
+
Allowances
|
| 237 |
+
12. Members of the Board and members of a committee shall be paid allowances
|
| 238 |
+
approved by the Minister in consultation with the Minister for Finance.
|
| 239 |
+
Policy directives
|
| 240 |
+
13. The Minister may give directives to the Board on matters of policy and the Board
|
| 241 |
+
shall comply
|
| 242 |
+
8
|
| 243 |
+
Administrative provisions
|
| 244 |
+
Director -General of the Authority
|
| 245 |
+
14. (1) The President shall , in accordance with article 195, appoint a Director - General
|
| 246 |
+
for the Authority.
|
| 247 |
+
(2) The Director -General
|
| 248 |
+
(a) is the chief executive of the Authority ; and
|
| 249 |
+
(b) shall hold office on terms and conditions specified in the letter of appointment .
|
| 250 |
+
Functions of the Director -General
|
| 251 |
+
15. (1) The Director -General is
|
| 252 |
+
(a) responsible for the day to day administration of the Authority;
|
| 253 |
+
(b) responsible for the implementation of the decisions of the Authority; and
|
| 254 |
+
(c) answerable to the Board .
|
| 255 |
+
(2) The Director -General shall perform any other function assigned by the Board.
|
| 256 |
+
(3) The Director -General may delegate a function to an officer of the Authority but
|
| 257 |
+
is not relieved of the ultimate responsibility for the performance of the delegat ed function .
|
| 258 |
+
(4) The Director -General shall be the permanent representative of Ghana to the World
|
| 259 |
+
Meteorological Organization in accordance with the provisions of Regulation 6 of the World
|
| 260 |
+
Meteorological Organization, Basic Document No. 15.
|
| 261 |
+
Principal officers of the Authority
|
| 262 |
+
16. (1) The Director -General shall be assisted by two Deputy Director s-General and other
|
| 263 |
+
principal officers as the Board may determine.
|
| 264 |
+
(2) The President shall in accordance with the advice of the Board given in consultation
|
| 265 |
+
with the Public Services Commission appoint the two Deputy Director s-General and other
|
| 266 |
+
principal officers of the A uthority.
|
| 267 |
+
Secretary to the Board.
|
| 268 |
+
17. (1) The Board shall designate the head of legal services of the Authority as Secretary to
|
| 269 |
+
the Board.
|
| 270 |
+
(2) The Secretary shall
|
| 271 |
+
(a) be a legal practitioner of less than 10 years standing as a lawyer;
|
| 272 |
+
(b) subject to the directions of the Board, arrange the business of the meetings of
|
| 273 |
+
the Board;
|
| 274 |
+
(c) record and keep the minutes of the meetings and proceedings of the Board; and
|
| 275 |
+
(d) perform any other function as the Board and the Director -General may in
|
| 276 |
+
writing, direct .
|
| 277 |
+
Appointment of other Staff
|
| 278 |
+
18. (1) The President shall in accordance with article 195, appoint other officers and staff of
|
| 279 |
+
the Authority necessary for the effective and efficient performance of the functions of the
|
| 280 |
+
Authority.
|
| 281 |
+
9
|
| 282 |
+
(2) The Board may on the recommendations of the Director -General engage the services of
|
| 283 |
+
experts and consultants as the Board may determine.
|
| 284 |
+
(3) The appointment of officers of the Authority shall be made by the President in
|
| 285 |
+
accordance with the advice of the Board given in consultation with the Public Services
|
| 286 |
+
Commission and upon such terms and conditions as the appointing authority shall determine.
|
| 287 |
+
Funds of the Authority
|
| 288 |
+
19. The Fund of the Authority include
|
| 289 |
+
(a) moneys approved by Parliament in the budget;
|
| 290 |
+
(b) administ rative penalties payable under this Act;
|
| 291 |
+
(c) loans, donations and grants;
|
| 292 |
+
(d) moneys accruing to the Authority from investments;
|
| 293 |
+
(e) any other internally generated fund;
|
| 294 |
+
Bank account of the Authority
|
| 295 |
+
20. Money for the Authority shall be paid into a bank account opened for the purpose with the
|
| 296 |
+
approval of the Controller and Accountant -General.
|
| 297 |
+
Administrative expenses of the Authority
|
| 298 |
+
21. The administrative expenses of the Authority shall be a charge on the Consolidated Fund .
|
| 299 |
+
Internal Audit Unit
|
| 300 |
+
22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of
|
| 301 |
+
the Public Financial Management Act, 2016 (Act 921).
|
| 302 |
+
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be
|
| 303 |
+
appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
|
| 304 |
+
(3) The Internal Auditor is responsible for the internal audit of the Authority.
|
| 305 |
+
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the
|
| 306 |
+
Internal Audit A gency Act, 2003 (Act 658), at intervals of three months
|
| 307 |
+
(a) a prepare and submit to the Board, a report on the internal audit carried out
|
| 308 |
+
during the period of three months immediately preceding the preparation of
|
| 309 |
+
the report; and
|
| 310 |
+
(b) make recommendations in each report, with respect to matters which appear
|
| 311 |
+
to the Internal Auditor as necessary for the conduct of the affairs of the
|
| 312 |
+
Authority.
|
| 313 |
+
(5) The Internal Auditor shall, in accordance with subsection 4 of section 16 of the
|
| 314 |
+
Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this
|
| 315 |
+
section to the Director -General and the chairperson of the Board
|
| 316 |
+
Accounts and audit
|
| 317 |
+
23. (1) The Board shall keep books, records and returns of account and other documents
|
| 318 |
+
relevant to accounts in a form approved by the Auditor -General.
|
| 319 |
+
(2) The Board shall submit the accounts of the Authority to the Auditor -General within
|
| 320 |
+
three months after the end of the financial year.
|
| 321 |
+
10
|
| 322 |
+
(3) The Auditor -General within six months after the end of the immediately preceding
|
| 323 |
+
financial year , audit the accounts of the Authority and forward a copy each of the audited report to
|
| 324 |
+
the Minister and the Board.
|
| 325 |
+
(4) The financial year of the Authority is the same as the financial year of the government.
|
| 326 |
+
Annual report and other reports.
|
| 327 |
+
24. (1) The Board shall within thirty days after receipt of the audit report, submit an
|
| 328 |
+
annual report to the Minister covering the activities and operations of the Authority for the year to
|
| 329 |
+
which the annual report relates.
|
| 330 |
+
(2)The annual report shall include the report of the Auditor -General .
|
| 331 |
+
(3) The Minister shall within two months after receipt of the annual report, submit
|
| 332 |
+
the report to Parliament with a statement that the Minister considers necessa ry.
|
| 333 |
+
(4) The Board shall submit to the Minister any other report which the Minister may
|
| 334 |
+
require in writing.
|
| 335 |
+
Borrowing powers
|
| 336 |
+
25. (1) Subject to article 181 of the Co nstitution and section 76 of the Public Financial
|
| 337 |
+
Management Act, 2016 (Act 921) and with prior consent in writing of the Minister responsible for
|
| 338 |
+
Finance, the Authority may borrow money from a body corporate, financial market or any other
|
| 339 |
+
person,
|
| 340 |
+
(2) For the purposes of securing the money borrowed, the Authority may mortgage,
|
| 341 |
+
charge or pledge a right, ti tle or an interest in any of the properties of the Authority.
|
| 342 |
+
Tax exemption
|
| 343 |
+
26. Subject to article 174 of the Constitution and the Exemptions Act 2022 , Act ( 1038) the
|
| 344 |
+
Authority is exempt from the payment of taxes that the Minister, may in writing, determine, with
|
| 345 |
+
the prior approval of Parliament.
|
| 346 |
+
National Meteorological Fund
|
| 347 |
+
Establis hment of the National Meteorological Fund
|
| 348 |
+
27. There is es tablished by th is Act the Nation al Meteorological Fun d.
|
| 349 |
+
Object s of the Fund
|
| 350 |
+
28. …………………………………….
|
| 351 |
+
Application of moneys for the Fund
|
| 352 |
+
29. Mon eys of the Fund shall be applied for
|
| 353 |
+
(a) publici ty and promoti on of the activities of the Authority;
|
| 354 |
+
(b) research, studies and investigations relat ed to the functions of the Authority;
|
| 355 |
+
(c) human resource development;
|
| 356 |
+
(d) the development and maintenance of any property vested in or owned by the
|
| 357 |
+
Authority; and
|
| 358 |
+
(e) other purposes relevant to the obj ect of the Authority as the Board in consultation
|
| 359 |
+
with the Minister shall determine.
|
| 360 |
+
11
|
| 361 |
+
Sources of money for the Fund
|
| 362 |
+
30. The sources of money for the Fund are
|
| 363 |
+
(a) monies approved by Parliament;
|
| 364 |
+
(b) fees and cha rges accruing to the Authority in the pe rformance of the functions of
|
| 365 |
+
the Authority ;
|
| 366 |
+
(c) ten percent of all Landing Charg es collected by the Ghana Civil Aviation
|
| 367 |
+
Authority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 20 24
|
| 368 |
+
(Act 1120 );
|
| 369 |
+
(d) ten percent of Over-flight Charg es collected by the Ghana Civil Aviation
|
| 370 |
+
Authority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 2024
|
| 371 |
+
(Act 1120);
|
| 372 |
+
(e) five percent of Airport Tax c ollected by an aerodro me ope rator in ac cordance
|
| 373 |
+
with section 1 of the Ai rport Tax Act, 1963 (Act 209);
|
| 374 |
+
(f) one percent of the tax -exclusive cost of construction works contract in respect
|
| 375 |
+
of all government and non -government buildings, roads, dams,
|
| 376 |
+
telecommunication masts and other related projects in Ghana, for the provision of
|
| 377 |
+
meteorological information.
|
| 378 |
+
(g) two and half per cent of pre -tax contract value of construction works .
|
| 379 |
+
(h) three percent per barrel of crude oil produced by offshore and onshore
|
| 380 |
+
Companies .
|
| 381 |
+
(i) three percent of all registration and licenc ing fees collected by the Fisheries
|
| 382 |
+
Commission ;
|
| 383 |
+
(j) ten percent of gross revenue of freight of all international inbound and outbound
|
| 384 |
+
cargo from ships or shipping companies operating in Ghana collected and paid
|
| 385 |
+
over to the Ghana Maritime Administration Authority.
|
| 386 |
+
(k) three percent of all habour and river guide dues and rates collec ted by the
|
| 387 |
+
National Inland Waterways Authority .
|
| 388 |
+
(l) seven and half percent of all harbour and port charges/ dues and pilotage
|
| 389 |
+
dues/charges collected by the Ghana Ports and Harbour Authority.
|
| 390 |
+
(m) five percent of all premiums collected by the Ghana Agricultural Insurance Pool
|
| 391 |
+
from policy holders, for the provision of agro -meteorological services.
|
| 392 |
+
(n) five percent of the total premiums collected annually by agricultural insurance
|
| 393 |
+
providers and related entities as a cost recovery fee for the provision of agro -
|
| 394 |
+
meteorological data and information.
|
| 395 |
+
(o) fees and funds from meteorological training schools
|
| 396 |
+
(p) fees and funds from meteorological calibration laboratory
|
| 397 |
+
(q) interest from investments;
|
| 398 |
+
(r) loans; and
|
| 399 |
+
(s) grants, donations and gifts.
|
| 400 |
+
Bank account for the Fund
|
| 401 |
+
31. The moneys for the Fund shall be paid into a bank account opened by the Board for the
|
| 402 |
+
purpose with the approval of the Controller and Accountant - General.
|
| 403 |
+
12
|
| 404 |
+
Payments from the Fund
|
| 405 |
+
32. All payments from the Fund shall be by cheque and signed by
|
| 406 |
+
(a) the Chairperson of the Board or in the absence of the Chairperson any member
|
| 407 |
+
of the Board designated to do so; and
|
| 408 |
+
(b) the Director -General.
|
| 409 |
+
Management of the F und
|
| 410 |
+
33. (1) The Fu nd sha ll be administered by the Bo ard.
|
| 411 |
+
(2) The Bo ard shall for the purpose of administration of the Fund
|
| 412 |
+
(a) formulate pol icies to gene rate money for the Fund;
|
| 413 |
+
(b) deter mine the allocation to be made towa rds the objects of the Fund; and
|
| 414 |
+
(c) determine annual targets of the Fund.
|
| 415 |
+
(3) Sections 23 and 24 apply to the Fund.
|
| 416 |
+
Invest ment of the Fund
|
| 417 |
+
34. The Board may inv est a part of the Fund as it consi ders approp riate in securities as
|
| 418 |
+
the Minister responsible for Finance .
|
| 419 |
+
Licensing and Related Matters
|
| 420 |
+
Requirement for licence to operate
|
| 421 |
+
35. A person shall not
|
| 422 |
+
(a) provide meteorological data services,
|
| 423 |
+
(b) provide services as a meteorological agent,
|
| 424 |
+
(c) engage in any business connected with the provision of meteorological services , or
|
| 425 |
+
(d) engage in meteorological transactions
|
| 426 |
+
unless that person has obtained a license to operate as a Meteorological Services Provider or A gent
|
| 427 |
+
from the Authority .
|
| 428 |
+
Application for a licence
|
| 429 |
+
36. (1) A person shall apply to the Authority for a licence as a Meteorological Service
|
| 430 |
+
Provider or Agent.
|
| 431 |
+
(2) An application for a licence shall
|
| 432 |
+
(a) be made to the Authority in the form determined by the Board ;
|
| 433 |
+
(b) in the case of a company, society, association or partnership be accompanied with
|
| 434 |
+
an attestation that officers of the company, society, association or partnership do
|
| 435 |
+
not have any criminal record; and
|
| 436 |
+
(c) where appropriate, be accompanied with the prescribed fee for the examination
|
| 437 |
+
of equipment.
|
| 438 |
+
Conditions for grant of a licence
|
| 439 |
+
37. (1) The Authority may issue a licence to a person if the person has met all the
|
| 440 |
+
requirements determined by the Authority.
|
| 441 |
+
(2) The Authority shall publish the requirements for application for the licence.
|
| 442 |
+
13
|
| 443 |
+
Grant of licence
|
| 444 |
+
38. (1) The Authority shall, on receipt of an application, carry out background checks, including
|
| 445 |
+
investigation of criminal history and inspection of the facilities of the applicant, that the Authority
|
| 446 |
+
considers necessary.
|
| 447 |
+
(2) The Authority shall, within sixty days after the receipt of an application, if the Authority
|
| 448 |
+
determines that the applicant has satisfied the conditions of a licence, grant the app licant a licence.
|
| 449 |
+
(3) A licence issued under subsection (2) shall
|
| 450 |
+
(a) be in the form determined by the Authority;
|
| 451 |
+
(b) bear the name and address of the licensee;
|
| 452 |
+
(c) indicate the date of issue;
|
| 453 |
+
(d) be valid for one year from the date of issue and is renewable; and
|
| 454 |
+
(e) be subject to the terms and conditions determined by the Board; and bear the seal
|
| 455 |
+
of the Authority.
|
| 456 |
+
Non-transferability of licence
|
| 457 |
+
39. A licence issued under this Act is not transferable.
|
| 458 |
+
Renewal of licence
|
| 459 |
+
40. (1) A licence granted under section 38 may be renewed, if the application for renewal is
|
| 460 |
+
(a) made within thirty days before the licence expires ;
|
| 461 |
+
(b) signed and accompanied with a statutory declaration by the applicant; and
|
| 462 |
+
(c) in the form determined by the Authority;
|
| 463 |
+
(d) not in breach of any of the terms and conditions of the licence;
|
| 464 |
+
(e) accompanied with the valid tax clearance certificate; and
|
| 465 |
+
(f) accompanied with the prescribed fee for the renewal of the licence.
|
| 466 |
+
(2) An application for renewal shall satisfy the requirements for grant of a licence.
|
| 467 |
+
Suspension of licence
|
| 468 |
+
41. (1) The Authority may suspend the licence of a meteorological service provider or
|
| 469 |
+
agent or where the Authority determines that the meteorological agent has failed to perform the
|
| 470 |
+
function specified in the licence .
|
| 471 |
+
(2) The Authority shall suspend the licence, if the Authority
|
| 472 |
+
(a) gives at least ten days' notice to the service provider or agent whose licence the
|
| 473 |
+
Authority intends to suspend;
|
| 474 |
+
(b) states in the notice the grounds for the suspension;
|
| 475 |
+
(c) serves on the service provider or agent a copy of any complaint or charges which
|
| 476 |
+
the Authority proposes to consider; and
|
| 477 |
+
(d) gives the agent, the opportunity to be heard either in person or be represented by a
|
| 478 |
+
14
|
| 479 |
+
lawyer, and examine and cross -examine witnesses and present documents and
|
| 480 |
+
other evidence in support of the case of that service provider or agent .
|
| 481 |
+
(3) The Authority shall suspend the licence of a meteorological service provider or Agent
|
| 482 |
+
who, after being given notice, fails to take the required remedial action within the specified time.
|
| 483 |
+
Revocation of licence
|
| 484 |
+
42. Subject to this Act , the Authority shall revoke the licence of an agent or servic e if the
|
| 485 |
+
Authority determines that
|
| 486 |
+
(a) the licence was obtained by fraud ;
|
| 487 |
+
(b) the agent is convicted by a court of competent jurisdiction for a serious offence;
|
| 488 |
+
(c) in the performance of a function authorised by the licence, the agent knowingly makes
|
| 489 |
+
a fraudulent misrepresentation ; or
|
| 490 |
+
(d) the equipment of the agent is found to be substandard during inspections.
|
| 491 |
+
Restoration of licences
|
| 492 |
+
43. The Authority shall restore a licence if the licensee complies with the directi ves issued by
|
| 493 |
+
the Authority.
|
| 494 |
+
Appeals to the Tribunal
|
| 495 |
+
44. (1) An Applicant who is aggrieved by a decision of the Authority in respect of a
|
| 496 |
+
suspension, revocation or refusal to grant a licence shall appeal to the Appeal tribunal .
|
| 497 |
+
(2) The decision of the tribunal shall be final and binding.
|
| 498 |
+
Confidentiality
|
| 499 |
+
45. (1) A member of the Board, the Dir ector-General, or any other of ficer or employee of the
|
| 500 |
+
Authority shal l
|
| 501 |
+
(a) subject to any existing law, treat as confidential any in formation obtai ned in the
|
| 502 |
+
exercise of p owers or the p erformance of duties under this Act; and
|
| 503 |
+
(b) not dis close any information except when required to do so by a court, under
|
| 504 |
+
any enac tment or other circ umstances d etermined by the Board.
|
| 505 |
+
(3) Any per son who contravenes to subsection ( 1) shall be sub ject to disci plinary action,
|
| 506 |
+
and in the case of a member of the Board be l iable to be removed from the Boa rd.
|
| 507 |
+
Improper use of the official seal of the organi sation
|
| 508 |
+
46. (1) A perso n shall not, without the authority of the Minister use
|
| 509 |
+
(a) the of ficial seal and e mblem of the World Meteorological Organisation as specified in
|
| 510 |
+
the schedule ; or
|
| 511 |
+
(b) the desi gnation "World Meteorological Or ganization" or an abb reviation of
|
| 512 |
+
that designation.
|
| 513 |
+
(3) A person who contravenes su bsection (1) comm its an offence and is liable on
|
| 514 |
+
summary convi ction to a fine not exceeding 200 penalty units and s hall forfeit to the Republ ic
|
| 515 |
+
the goods in co nnection with which the seal, emblem or de signat ion was used.
|
| 516 |
+
15
|
| 517 |
+
Offence s
|
| 518 |
+
47. (1) A person shall not
|
| 519 |
+
(a) provide or secure meteorological data for use in or out of of Ghana,
|
| 520 |
+
without a license granted by the Authority;
|
| 521 |
+
(b) contravenes the regulations, rules, orders or directives issued under any of
|
| 522 |
+
the provisions of this Act;
|
| 523 |
+
(2) A person who contravenes subsection (1) commits an offence is liable
|
| 524 |
+
....................................................
|
| 525 |
+
Offences by a body of persons
|
| 526 |
+
48. (1) Where an offence is committed by a body of persons
|
| 527 |
+
(a) in the c ase of a body corpo rate, every d irector or officer of that body corporate
|
| 528 |
+
shall be dee med to have com mitted that of fence; and
|
| 529 |
+
(b) in the case of a par tnership or a f irm, every partner of the partnership or firm
|
| 530 |
+
shall be dee med to have com mitted that of fence
|
| 531 |
+
(2) A person shall not be deemed to have committed an offence und er subsection (1) , if that
|
| 532 |
+
person proves that the act in respect of which that person is charged was committed by some
|
| 533 |
+
other person without the consent or connivance of that perso n and that the per son exe rcised all
|
| 534 |
+
due diligence to prevent the commission of t he offence hav ing re gard to all the circumstances.
|
| 535 |
+
Miscellaneous Provisions
|
| 536 |
+
Power to enter land or premises
|
| 537 |
+
49. (1) For the purpose of carrying out a function under this Act, an officer of the
|
| 538 |
+
Authority may, after giving notice to the owner or occupier of any land or premises, enter the
|
| 539 |
+
land or premises and do any act reasonably necessary for carrying out the function and in particular
|
| 540 |
+
may
|
| 541 |
+
(a) inspect and examine a land, building or equipment of meteorological stations;
|
| 542 |
+
(b) inspect and examine accounts, records and memoranda required to be kept by
|
| 543 |
+
meteorological stations;
|
| 544 |
+
(c) cut down and remove any tree, underwood or structure that may interfere with
|
| 545 |
+
surveys; and
|
| 546 |
+
(d) remove any installation which constitutes a hindrance to the deli very of
|
| 547 |
+
meteorological climate in consultation with the Environmental Protection
|
| 548 |
+
Authority.
|
| 549 |
+
(2) The Authority shall pay compensation for any damage caused as a result of action taken
|
| 550 |
+
under subsection (1), and the liability for and the amount of the compensation shall in case of
|
| 551 |
+
dispute be settled in the first instance by negotiation.
|
| 552 |
+
(3) The Authority may delegate a power under this section to the relevant District
|
| 553 |
+
Assembly.
|
| 554 |
+
Execution of contract
|
| 555 |
+
50. (1) The use of the seal of the Authority shall b e authenticated by the signatures of
|
| 556 |
+
(a) the Director -General; and
|
| 557 |
+
16
|
| 558 |
+
(b) the chairperson of the Board or in the absence of the chairperson any other officer
|
| 559 |
+
of the Authority authorised by the Authority to authenticate the use of the seal.
|
| 560 |
+
(2) An instrument or contract which if executed or entered into by a person other than a
|
| 561 |
+
body corporate would not require to be under seal, may be executed or entered into on behalf of
|
| 562 |
+
the Authority by the Director -General or any member of the Authority if the p erson has previously
|
| 563 |
+
been authorised by a decision of the board to execute or enter into that particular agreement or
|
| 564 |
+
contract.
|
| 565 |
+
(3) Th is section is subject to section 12 of the Contracts Act, 1960 (Act 25).
|
| 566 |
+
Regula tions
|
| 567 |
+
51. (1) The Minist er may by legislative instrument make regulations to provide for
|
| 568 |
+
(a) guidelines for climatic requirement for sectoral activities;
|
| 569 |
+
(b) the establishment of meteorological stations;
|
| 570 |
+
(c) matters in respect of which fees are payable;
|
| 571 |
+
(d) aerona utical services;
|
| 572 |
+
(e) uniform standards in the ob servation of meteorological pheno mena; and
|
| 573 |
+
(f) provide for the requirement for the grant of a licence.
|
| 574 |
+
Interpr etation.
|
| 575 |
+
52. In this A ct unless the c ontext otherwise requires;
|
| 576 |
+
“Authority ” means the G hana M eteorological Authority es tablished under section
|
| 577 |
+
1 of this Ac t;
|
| 578 |
+
“Aeronautical service” includes infor mation, di rection and other facilities furnished,
|
| 579 |
+
issued or prov ided in connection with meteorological for ecasts or dat a;
|
| 580 |
+
“agro-meteorology” means the application of meteorological information and
|
| 581 |
+
data in the monitoring and manag ement of agr icultural activities;
|
| 582 |
+
“Board ” means the gov erning body of the Authority established under section 4
|
| 583 |
+
of this Act;
|
| 584 |
+
“Conventio ns” means the WMO Convention, the Convention of the In ternational
|
| 585 |
+
Civil Aviat ion O rganisation, Framework Convention on Cli matic Change and
|
| 586 |
+
Convent ion to Combat Des ertification and Drough t;
|
| 587 |
+
“meteorology” means the study de aling with pheno mena of the a
|
| 588 |
+
atmosphe re;
|
| 589 |
+
“meteorological services ” means
|
| 590 |
+
“meteorological services providers ” means …………………………………
|
| 591 |
+
“Minister ” means the M inister re sponsible for Communications;
|
| 592 |
+
“operational hydro logy” means the prac tical ap plication of meteorology in relation
|
| 593 |
+
to wat er and flood manage ment;
|
| 594 |
+
“premises” includes any building or land, sh ip, aircraft, caravan but does not
|
| 595 |
+
17
|
| 596 |
+
include a bui lding or place used exclusively as a dwelling place;
|
| 597 |
+
“sectoral activitie s” includes activ ities related to agriculture, marine, c ivil
|
| 598 |
+
aviation, cons truction and bui lding works, env ironment, wa ter resou rces
|
| 599 |
+
and n atural disaster;
|
| 600 |
+
“upper air ” refers to any level above ten meters from the surface of the earth;
|
| 601 |
+
“weather” means the state of the a tmosphe re wh ich cons ists of the short-term on the
|
| 602 |
+
scale of minutes to days varia tion of the at mosphe re.
|
| 603 |
+
Repeal and savings
|
| 604 |
+
53. (1) The Ghana Meteorological Agency Act, 2004 (Act 682) is hereby re pealed.
|
| 605 |
+
(2) Notwithstanding the repeal under subse ction (1) any contracts, orders or deci sions or
|
| 606 |
+
anyth ing made or done by a body which until t he coming into force of this Act, was charged with
|
| 607 |
+
the performance of any of the functions un der this A ct shall, be valid and con tinue in force as if
|
| 608 |
+
it was made or done under th is Act.
|
| 609 |
+
Transitional provisions
|
| 610 |
+
54. (1) The rights, assets, and liabilities that have accrued in respect of the properties
|
| 611 |
+
vested in Ghana Me teorological Agency in existence immediately before the coming into force
|
| 612 |
+
of this Act shall be transferred to the Ghana Meteorological Authority established under this Act.
|
| 613 |
+
(2) A person in the employment of the Ghana Meteorological Agency immediately before
|
| 614 |
+
the coming into force of this Act, shall on the coming into force of this Act, be deemed to have
|
| 615 |
+
been duly employed by the Ghana Meteorological Authority established under this Act on the
|
| 616 |
+
terms and conditions which are not less favourable in aggregate to the terms and conditio ns
|
| 617 |
+
attached to the post held by th e person before the coming into force of this Act.
|
| 618 |
+
(3) A contract subsisting between the Ghana Meteorological Agency and another person
|
| 619 |
+
and in effect immediately before the coming into force of th is Act shall subs ist between the Ghana
|
| 620 |
+
Meteorological Authority and that other person subject to modifications that are necessary to
|
| 621 |
+
ensure compliance with this Act.
|
| 622 |
+
(4) A person whose license ceases to be valid under the Ghana Meteorological Agency may
|
| 623 |
+
apply to t he Ghana Meteorological Authority under this Act.
|
assets/example_bills/ghana-meteorological-authority-bill-2025/metadata.json
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+
{
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| 2 |
+
"generated_at": "2026-06-09T20:17:25.284071+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/GHANA-METEOROLOGICAL-AUTHORITY-BILL.pdf",
|
| 6 |
+
"document_hash": "9831d5cd4ffeb1ed54935b4879fe0c406f0b1410f0043a5acffa28201c742b23",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/analysis.json
ADDED
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| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Kofi Annan Centre of Excellence in ICT Bill establishes a national institution to coordinate ICT research, development, and training, with governance structures, financial provisions, and mandatory consultation requirements for public institutions.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Kofi Annan Centre of Excellence in ICT as a corporate body with powers to own property, enter contracts, and conduct research/innovation.",
|
| 5 |
+
"Mandates the Centre to act as the national body for ICT training coordination, public funding intermediation, and no-objection certification for research projects.",
|
| 6 |
+
"Creates a Governing Board with members appointed by the President, including academic, industry, and government representatives, with fiduciary duties and term limits.",
|
| 7 |
+
"Requires public institutions to consult the Centre before procuring ICT training or applying for public funding, with penalties for non-compliance.",
|
| 8 |
+
"Provides financial autonomy for the Centre, including borrowing powers, internal audit requirements, and budgetary processes.",
|
| 9 |
+
"Includes transitional provisions for existing entities and defines key terms like 'ICT,' 'public funding,' and 'public institutions.'"
|
| 10 |
+
],
|
| 11 |
+
"implementation": [
|
| 12 |
+
{
|
| 13 |
+
"stakeholder": "Public institutions",
|
| 14 |
+
"obligation": "Consult the Centre before procuring ICT training or applying for public funding.",
|
| 15 |
+
"implementation_burden": "Potential delays in training procurement or funding applications if the Centre is slow to respond.",
|
| 16 |
+
"risk_or_note": "Non-compliance risks administrative sanctions, including fines or disqualification from funding."
|
| 17 |
+
},
|
| 18 |
+
{
|
| 19 |
+
"stakeholder": "Centre staff and Board members",
|
| 20 |
+
"obligation": "Adhere to fiduciary duties, disclosure requirements, and governance procedures.",
|
| 21 |
+
"implementation_burden": "Increased administrative and compliance workload for Board members and staff.",
|
| 22 |
+
"risk_or_note": "Personal liability for breaches of duty, including fines for negligence or conflicts of interest."
|
| 23 |
+
},
|
| 24 |
+
{
|
| 25 |
+
"stakeholder": "International donors/funding partners",
|
| 26 |
+
"obligation": "Enter agreements with the Centre to administer public funding.",
|
| 27 |
+
"implementation_burden": "Potential complexity in aligning funding terms with Centre's administrative processes.",
|
| 28 |
+
"risk_or_note": "Risk of project delays if the Centre's review or monitoring processes are inefficient."
|
| 29 |
+
}
|
| 30 |
+
],
|
| 31 |
+
"critique": [
|
| 32 |
+
{
|
| 33 |
+
"issue": "Mandatory consultation for ICT training may create bottlenecks.",
|
| 34 |
+
"why_it_matters": "Public institutions could face delays in training programs if the Centre lacks capacity or responsiveness.",
|
| 35 |
+
"recommendation": "The Centre should prioritize capacity-building to avoid becoming a bottleneck, with clear timelines for consultation responses."
|
| 36 |
+
},
|
| 37 |
+
{
|
| 38 |
+
"issue": "No-objection process may stifle innovation through overly rigid alignment with national goals.",
|
| 39 |
+
"why_it_matters": "Public institutions might avoid novel research projects if they fear non-alignment with Centre-determined priorities.",
|
| 40 |
+
"recommendation": "The Centre should provide flexibility in interpreting 'national development goals' to encourage diverse innovation."
|
| 41 |
+
},
|
| 42 |
+
{
|
| 43 |
+
"issue": "Concentration of discretionary power in the Centre's no-objection and funding decisions.",
|
| 44 |
+
"why_it_matters": "Lack of independent oversight could lead to favoritism or misalignment with sector needs.",
|
| 45 |
+
"recommendation": "Establish an independent oversight body or parliamentary review mechanism for contentious no-objection decisions."
|
| 46 |
+
}
|
| 47 |
+
],
|
| 48 |
+
"swot": {
|
| 49 |
+
"strengths": [
|
| 50 |
+
"Centralized coordination of ICT research and training could reduce duplication and improve national coherence.",
|
| 51 |
+
"Mandatory consultation may standardize training quality and ensure alignment with national digital goals."
|
| 52 |
+
],
|
| 53 |
+
"weaknesses": [
|
| 54 |
+
"Over-reliance on the Centre for funding and training could create a single point of failure if it lacks capacity.",
|
| 55 |
+
"Potential for bureaucratic delays in the no-objection process to hinder timely project implementation."
|
| 56 |
+
],
|
| 57 |
+
"opportunities": [
|
| 58 |
+
"Partnerships with international donors could accelerate ICT innovation and infrastructure development.",
|
| 59 |
+
"The Centre's role in digital inclusion may improve access to technology for underserved regions."
|
| 60 |
+
],
|
| 61 |
+
"threats": [
|
| 62 |
+
"Compliance burdens on public institutions may divert resources from core functions.",
|
| 63 |
+
"Risk of political influence over the Centre's governance and funding decisions."
|
| 64 |
+
]
|
| 65 |
+
}
|
| 66 |
+
}
|
assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/chunks.json
ADDED
|
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| 1 |
+
[
|
| 2 |
+
"KOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL\nARRANGEMENT OF SECTIONS\nESTABLISHMENT OF THE CENTRE\n1. Establishment of the Kofi-Annan Centre of Excellence in ICT\n2. Object of the Centre\n3. Functions of the Centre\nPOWERS OF THE CENTRE\n4. National ICT Research and Development Mandate\n5. Mandatory Consultation for ICT Training\n6. Intermediary Role\n7. No objection by the Centre\n8. Review\nGOVERNANCE OF THE CENTRE\n9. Governing body of the Centre\n10. Functions of the Board\n11. Duties and Liabilities of members of the Board\n12. Establishment of centres, units, projects and limited liability entities\n13. Meetings of the Board\n14. Tenure of office of members of the Board\n15. Disclosure of Interest\n16. Committees of the Board\n17. Allowances for members of the Board and Committees\n18. Policy Direc tives\nADMINISTRATION OF THE CENTRE\n19. Director -General of the Centre\n20. Secretary of the Board\n21. Appointment of other staff\n22. Directorates of the Centre\nFINANCIAL PROVISIONS\n23. Internal Audit Unit\n24. Funds of the Centre\n25. Budget Estimates\n26. Bank account of the Centre\n27. Borrowing powers of the Centre\n28. Expenses of the Centre\n29. Accounts and audit\n30. Annual report and other reports\nMISCELLANEOUS PROVISIONS\n31. Regulations\n2 32. Transitional provisions\n33. Interpretation\n3 A BILL EN TITLED\nKOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL, 2025\nAn Act to establish the Kofi Annan Centre of Excellence in ICT as a centre of Excellence in\nInformation and Communication Technology dedicated to advancing research, innovation,\nand capacity building, as well as providing consultancy and advisory services in ICT, Emerging\nDigital Technologies, and related areas.",
|
| 3 |
+
"An Act to establish the Kofi Annan Centre of Excellence in ICT as a centre of Excellence in\nInformation and Communication Technology dedicated to advancing research, innovation,\nand capacity building, as well as providing consultancy and advisory services in ICT, Emerging\nDigital Technologies, and related areas.\nPASSED by Parliament on\u2026 ................ and assented to by the President.\nEstablishment of the Kofi Annan Research and Development Centre\n1. (1) There is established by this Act the Kofi Annan Centre of Excellence in ICT .\n(2) The Centre shall be a body corporate with perpetual succession and a common seal,\nmay sue and be sued in its corporate name.\n(3) The Centre shall for the performance of its functions have the right to acquire and\nhold movable and immovable property a nd enter into a contract or any other\ntransaction.\n(4) Where there is a hindrance to the acquisition of property, the property may be\nacquired for the Centre under the Land Act, 2020 (Act 1036) and the cost shall be\nborne by the Centre.\n2. Object of the Centre\nThe object of the Centre is to serve as the Centre of Excellence dedicated to advancing\nresearch, development, innovation, and capacity building, as well as providing consultancy\nand advisory services in emerging digital technologies and related fields in ICT.\nFunctions of the Centre\n3. 1) To achieve the object, the Centre shall:\na) undertake research, development, training and consultancy in ICT;\nb) grant no objections to public institutions seeking to apply for public funding in ICT\nresearch, subject to fulfilment of application requirements;\nc) collaborate with international organisations on matters of research and development",
|
| 4 |
+
"a) undertake research, development, training and consultancy in ICT;\nb) grant no objections to public institutions seeking to apply for public funding in ICT\nresearch, subject to fulfilment of application requirements;\nc) collaborate with international organisations on matters of research and development\nin ICT and emerging digital technologies;\nd) provide education and training in ICT to public institutions;\ne) provide consultancy and advi sory services in ICT to support public and private sector\ninitiatives;\nf) represent Ghana in regional and global forums and foster cross border digital co -\noperation in ICT;\ng) promote digital inclusion and equitable access to infrastructure and services across\nGhana through research, advocacy, training, capacity development, coaching and\n4 mentorship in ICT;\nh) develop and promote standards, best practices and frameworks in software and\nhardware development in ICT;\ni) monitor and evaluate the impact of ICT projects and grant funded initiatives to ensure\nalignment with national goals in ICT; and\nj) perform any other functions ancillary to the objects of the Centre .\nPowers of the Centre\nNational ICT Research and Development Mandate\n4. (1) The Centre is hereby designated as the National Centre for Research and\nDevelopment in ICT, in Ghana.\n(2) The Centre shall;\na) serve as the primary institution for coordinating research and development\ninitiativ es in ICT in the public sector ;\nb) be the national institution for attracting and managing public funding and technical\nsupport in ICT research and development from bilateral and multilateral partners,\nphilanthropic foundations, and other international bodies; and\nc) provide support to public and private sec tors engaged in digital innovation and\nresearch.\nMandatory Consultation for ICT Training\n5. (1) The Centre shall serve as the primary national body for the provision, coordination, and",
|
| 5 |
+
"philanthropic foundations, and other international bodies; and\nc) provide support to public and private sec tors engaged in digital innovation and\nresearch.\nMandatory Consultation for ICT Training\n5. (1) The Centre shall serve as the primary national body for the provision, coordination, and\nstandardization of ICT training for public sector institutions in Ghana.\n(2) All ministries, departments, agencies, metropolitan, municipal and district assemblies,\nstatutory bodies, public corporations, and other state institutions intending to undertake\nICT training for their personnel shall first consult the Centre regarding t he availability\nand capacity to provide the required training.\n(3) Where the Centre confirms that it has the capacity to deliver the requested training,\nthe institution shall procure such training from the Centre .\n(4) Where the Centre determines that it does not have the capacity to provide the training\nin whole or in part, the institution may procure such training from an alternative provider,\nsubject to any guidance or standards issued by the Centre .\n(5) Any institution, referred to unde r section 5(2) that procures ICT training without prior\nconsultation with the Centre , or contrary to the Centre \u2019s determination under this\nsection, shall be deemed non -compliant and may be subject to administrative\nsanctions as may be prescribed by regulat ions.\n5 Intermediary Role\n6. (1) The Centre shall serve as the national intermediary for public institutions in Ghana,\nresponsible for receiving, assessing, coordinating, and disbursing public funding, grants,\ntechnical assistance, or other forms of support from international and philanthropic\norganizations intended to promote research, innovation, or development in ICT.\n(2) Without limiting subsection (1), the Centre shall;",
|
| 6 |
+
"responsible for receiving, assessing, coordinating, and disbursing public funding, grants,\ntechnical assistance, or other forms of support from international and philanthropic\norganizations intended to promote research, innovation, or development in ICT.\n(2) Without limiting subsection (1), the Centre shall;\na) establish a framework for the submission and evaluation of public funding\nproposals by public institutions;\nb) assess the technica l, operational and financial feasibility of proposed projects of\npublic institutions;\nc) act as an intermediary or fund administrator for funding to public institutions, where\nauthorized by the funding partner; and\nd) monitor and report on the implementation and impact of projects financed through\npublic funding.\n(3) A funding agency , development partner or international donor may enter into an\nagreement with the Centre for the purposes of administering, disbursing or managing\npublic funding in accordance with this s ection.\nNo Objection by the Centre\n7. (1) A public institution who seeks to apply for, receive, administer or benefit from public\nfunding from any local or international source for research or development project in ICT,\nshall, prior to applying for such funding, obtain a no objection from the Centre .\n(2) The application shall be in writing and shall be accompanied by;\na) such documents as shall be prescribed by regulations made pursuant to this Act;\nand\nb) prescribed fees.\n(3) The Centre shall keep a repository of public institutions and research and\ndevelopment projects certified under section 7 of this Act.\n(4) The Centre shall issue a no objection where it is satisfied that;\na) the proposed research and development project is legitimate and a ligned with the\nnational development goals in ICT;",
|
| 7 |
+
"development projects certified under section 7 of this Act.\n(4) The Centre shall issue a no objection where it is satisfied that;\na) the proposed research and development project is legitimate and a ligned with the\nnational development goals in ICT;\nb) the public institution possesses the requisite capacity to execute the proposed\nresearch and development project; and\nc) the implementation and governance framework of the proposed research and\ndevelopment project meets the standards prescribed by the Centre .\n(5) A no objection granted under this section;\na) shall be valid only for the specific the proposed research and development project\nfor which it is issued;\nb) shall not be transferrable;\nc) shall not constitute a general endorsement of the public institution\u2019s other\nactivities; and\nd) may be subject to such conditions as the Centre may prescribe.\n6 (6) A public institution who;\na) applies for, receives, or administers ICT -related public funding in contravention\nof section 7 of this Act; or\nb) knowingly misrepresents or omits material information in an application for no\nobjection commits an offence and is liable on summary conviction to a fine of not\nless than one thousand penalty units and not more than five thousand penalty\nunits.\n(7) In addition to any penalty imposed under subsection (6) the Centre may disqualify\nthe public institution from applying for a no objection or public funding f or a period not\nexceeding three (3) years.\n(8) The Centre shall, within thirty (30) days of receipt of an application for no objection\ninform the public institution in writing of the decision of the Centre .\nReview of a no objection decision of the Centre",
|
| 8 |
+
"exceeding three (3) years.\n(8) The Centre shall, within thirty (30) days of receipt of an application for no objection\ninform the public institution in writing of the decision of the Centre .\nReview of a no objection decision of the Centre\n8. (1) A public institution whose no objection application has been denied by the Centre\nmay, within thirty 30 days of receipt of the decision, submit a complaint in writing to the\nDirector -General for a review of the decision. The Director -General shall within t hirty\n(30) days of receipt of the complaint, review the complaint and inform the complainant\nof the outcome of the review .\n(2) A public institution dissatisfied with the decision of the Director -General under\nsubsection (1) may, within 28 days after the da te of receipt of the decision, submit a\ncomplaint in writing to the Minister for a review of the decision of the Director -General.\nThe Minister shall within 60 days of receipt of the complaint, review the complaint and\ninform the complainant of a decision.\nGovernance of the Centre\nGoverning Body of the Centre\n9. (1) The governing body of the Centre shall be a Governing Board consisting of;\na) The Chairperson;\nb) The Director -General of the Centre ;\nc) One representative from the Technical, Vocational Education and Training (TVET)\nService, not below the rank of a Director;\nd) One representative from the Ministry not below the rank of a Director;\ne) Two persons in academia appointed by the Ghana Tertiary Education Commission ,\nwith expertise in ICT, not below the rank of Senior Lecturer;\nf) Two persons with expertise in ICT, nominated by their professional bodies ; and\ng) Two persons appointed by the President.",
|
| 9 |
+
"e) Two persons in academia appointed by the Ghana Tertiary Education Commission ,\nwith expertise in ICT, not below the rank of Senior Lecturer;\nf) Two persons with expertise in ICT, nominated by their professional bodies ; and\ng) Two persons appointed by the President.\n(2) Members of the Board shall be appointed by the President in accordance with Article\n70 of the Constitution.\n(3) Notwithstanding any other provision in this section, the composition of the governing\nboard shall include not less than three (3) women as memb ers.\n7 Functions of the Board\n10. (1) The Board shall be responsible for the performance of the functions of the Centre , the\ndrafting and implementing of operational policies, general supervision of the management\nand affairs of the Centre ; and such other functions conferred upon it by this Act.\n(2) For the purposes of subsection ( 1);\na) establish appropriate structures for the effective and efficient execution of the\nobject of the Centre ;\nb) secure the achievement of the object of the Centre ;\nc) take reasonable and timely action on the reports submitted to it by the Director -\nGeneral;\nd) advise the Minister on the drafting of legislative instruments , regulations and\npolicies for the effective implementation of this Act; and\ne) perform any other functions incidental to the achievement of the aims of the Centre .\nDuties and Liabilities of members of the Board\n11. (1) A member of the Board shall have the same fiduciary relationship with the Centre\nand the duty to act in good faith as a director of a company incorporated under the\nCompanies Act, 2019 (Act 992).\n(2) Without limiting subsection (1), a member of the Board has a duty;",
|
| 10 |
+
"and the duty to act in good faith as a director of a company incorporated under the\nCompanies Act, 2019 (Act 992).\n(2) Without limiting subsection (1), a member of the Board has a duty;\na) to act honestly in the performance of the functions of that member;\nb) to exercise the degree of care and diligence in the performance of the functions of\nthat member, that a reasonable person in that position would reasonably be\nexpected to exercise in the circumstances;\nc) not to use information acquired by virtue of the position of that member as a\nmember of the Board without authorization; and\nd) not to use the position of the member to gain directly or indirectly, a benefit for that\nmember or for any other person; and\ne) not to knowingly or negligently cause loss to the Centre .\n(3) A member of the Board who contravenes subsection (1) or (2) commits an offence\nand is liable on summary conviction to a fine of not less than two thousand penalty\nunits and not more than six thousand penalty units.\nEstablishment of centres, units, projects and limited liability entities\n12. (1) The Board shall have the power to establish centres, units, projects and limited liability\nentities with appropriate structures for the effective and efficient execution of the object\nof the Centre .\n(2) Without limiting subsection (1), the following centres established prior to the\ncommencement of this Act shall continue to operate under this Act as centres of the\nCentre ;\na) Open Technologies Research and Development Centre , Bolgatanga ;\nb) Smart Technologies & AI Research Centre, Sunyani; and\n8\nc) GI-KACE Consult Ltd.\nMeetings of the Board",
|
| 11 |
+
"commencement of this Act shall continue to operate under this Act as centres of the\nCentre ;\na) Open Technologies Research and Development Centre , Bolgatanga ;\nb) Smart Technologies & AI Research Centre, Sunyani; and\n8\nc) GI-KACE Consult Ltd.\nMeetings of the Board\n13. (1) The Board shall meet at least once every three months for the dispatch of business at\na time and venue determined by the chairperson.\n(2) The chairperson shall at the request in writing of not less than one third of the\nmembership of the Board convene an extra -ordinary meeting of the Board at a place\nand time determined by the chairperson.\n(3) The quorum at a meeting of the Board is two thirds of members of the Board or a\ngreater number determined by the Board in respect of an important matter.\n(4) The chairperson shall preside at the meetings of the Board and in the absence of the\nchairperson, a member of the Board elected by the members present f rom among\ntheir number shall preside.\n(5) Matters before the Board shall be decided by a majority of the members present and\nvoting, and in the event of an equality of votes, the person presiding shall have a\ncasting vote.\n(6) The Board may co -opt a person to attend a Board meeting but that person shall not\nvote on a matter for decision at the meeting.\n(7) The proceedings of the Board shall not be invalidated due to a vacancy among the\nmembers or a defect in the appointment or qualification of a member.\n(8) The Board shall, subject to this section, determine the procedure for its meetings.\nTenure of office of members of the Board",
|
| 12 |
+
"(7) The proceedings of the Board shall not be invalidated due to a vacancy among the\nmembers or a defect in the appointment or qualification of a member.\n(8) The Board shall, subject to this section, determine the procedure for its meetings.\nTenure of office of members of the Board\n14. (1) A member of the Board shall hold office for a period not exceeding four years and is\neligible for re - appointment, but a member shall not be appointed for more than two terms.\n(2) Subsection (1) does not apply to the Director -General of the Centre .\n(3) A member of the Board may at any time resign from office in writing addressed to\nthe President through the Minister.\n(4) A member of the Board, other than the Director -General of the Centre , who is\nabsent from three consecutive meetings of the Board without sufficient cause shall\ncease to be a member of the Board.\n(5) The President may by letter addressed to a member revoke the appointment of that\nmember.\n(6) Where a member of the Board is, for a sufficient cause, unable to act as a member,\nthe Minister shall determine whether the inability would result in the declaration of a\nvacancy.\n(7) Where there is a vacancy; under subsection (3), or subsection (4), or as a result of a\ndeclaration under subsection (6), or by reason of the death of a member, the Minister\nshall notify the President of the vacancy and the President shall appoint a person to\nfill the vacancy.\n9\nDisclosure of Interest\n15. (1) A member of the Board who has an interest in a matter for consideration by the Board\nshall:",
|
| 13 |
+
"shall notify the President of the vacancy and the President shall appoint a person to\nfill the vacancy.\n9\nDisclosure of Interest\n15. (1) A member of the Board who has an interest in a matter for consideration by the Board\nshall:\na) disclose, in writing, the nature of the interest to the Board prior to or at the meeting\nat which the matter is to be considered; and the disclosure shall form part of the\nrecord for the consideration of the matter; and\nb) not be present at nor participate in the deliberations of the Board in respect of that\nmatter.\n(2) A member ceases to be a member of the Board, if that member has an interest in a\nmatter before the Board but;\na) fails to disclose that interest, and\nb) is present and participates in the deliberations of the matter.\nCommittees of the Board\n16. (1) The Board may establish committees consisting of members of the Board or non -\nmembers of the Board or both and may assign to these committees such functions as\nthe Board may determine.\n(2) The tenure of office of a member of a committee shall be coterminous with that\nmember\u2019s term of office on the Board.\n(3) A committee composed of members and non -members of the Board shall be chaired\nby a member of the Board.\n(4) The provisions of Section 16 on Disclosure of Interest shall apply to members of a\ncommittee of the Board.\nAllowances for members of the Board and Committees\n17. Board members and members of committees of the Board shall be paid such allowances\nas are approved by the Minister in consultation with the Minister responsible for Finance.\nPolicy Directives",
|
| 14 |
+
"committee of the Board.\nAllowances for members of the Board and Committees\n17. Board members and members of committees of the Board shall be paid such allowances\nas are approved by the Minister in consultation with the Minister responsible for Finance.\nPolicy Directives\n18. The Minister may give policy directives to the Board in writing, consistent with the\nprovisions of this Act and the Board shall comply.\nAdministration of the Centre\nDirector - General of the Centre\n19. (1) The Director -General shall be appointed by the President in accordance with\nArticle 195 of the Constitution.\n10 (2) The Director -General shall be responsible for the day-to-day administration of the\nCentre and shall be accountable to the Board in the performance of his/her functions\nunder this Act.\n(3) The Director -General shall, subject to the general directives of the Board, be\nresponsible for the effective management and administration of the Centre .\n(4) The Director -General shall hold office on the terms and conditions specified in\nhis/her letter of appointment.\n(5) The Director -General may in writing, delegate a function to an officer of the Centre ,\nexcept that, such delegation shall not relieve the Director -General of the ultimate\nresponsibility for the performance of the delegated function.\n(6) The Director -General shall be a person of high moral character and integrity with\nthe relevant qualifications and experience related to the functions of the Centre .\nSecretary to the Board\n20. (1) The Board shall designate an officer of the Centre not below the rank of a Deputy\nDirector as Secretary to the Board.\n(2) The Secretary shall;\na) arrange the meetings of the Board;\nb) record and maintain minutes of meetings of the Board;",
|
| 15 |
+
"Secretary to the Board\n20. (1) The Board shall designate an officer of the Centre not below the rank of a Deputy\nDirector as Secretary to the Board.\n(2) The Secretary shall;\na) arrange the meetings of the Board;\nb) record and maintain minutes of meetings of the Board;\nc) record and maintain resolutions passed by the Board;\nd) maintain a Register of Board Members' Interest; and\ne) perform any other functions assigned by the Board.\n(2) The Secretary, in the performance of the functions under subsection (2), shall be\naccountable to the Board.\nAppointment of other Staff\n21. (1) The Centre may employ such staff as may be necessary for the proper and effective\nperformance of its functions.\n(2) The Board shall determine vacancies and qualifications of staff to be recruited in\naccordance with Article 195 of the Constitution.\n(3) The terms, conditions and scheme of service of a person employed by the Centre\nshall be as approved by the Board.\n(4) The Centre may, on the recommendation of the Board, engage the services of\nconsultants and experts for the effective discharge of the functions of the Centre .\n(5) Other public officers may be transferred or seconded to the Centre or may otherwise\nprovide assistance to t he Centre .\n11\nDirectorates of the Centre\n22. (1) The Board may create such directorates as it may consider necessary for the efficient\nand effective performance of the functions of the Centre .\n(2) The directorates may include:\na) research and innovation;\nb) studies;\nc) corporate affairs and media relations;\nd) consultancy; and\ne) finance and administration.\nFinancial Provisions\nInternal Audit",
|
| 16 |
+
"and effective performance of the functions of the Centre .\n(2) The directorates may include:\na) research and innovation;\nb) studies;\nc) corporate affairs and media relations;\nd) consultancy; and\ne) finance and administration.\nFinancial Provisions\nInternal Audit\n23. The Centre shall have an internal audit unit in accordance with section 83 of the Public\nFinancial Management Act, 2016 (Act 921).\nFunds of the Centre\n24. (1) The funds of the Centre shall include:\na) moneys approved by Parliament for the Centre ;\nb) application fees;\nc) administrative penalties;\nd) any other internally generated funds;\ne) grants, donations and loans approved by the Minister responsible for Finance; and\nf) any other moneys approved by the Minister responsible for Finance.\nBudget Estimates\n25. The Director -General shall prepare budget estimates for each financial year and present\nthe estimates to the Board for its approval not later than four months prior to the end of\nthe financial year.\nBank Account of the Centre\n26. The moneys for the Centre shall be paid into a bank account opened for the purpose, by\nthe Centre with the approval of th e Controller and Accountant -General.\nBorrowing powers of the Centre\n27. Subject to section 76 of the Public Financial Management Act, 2016, (Act 921), the Centre\nmay obtain loans and any other credit facilities on the guarantee of the Government from\na bank or any other financial institution approved by the Minister responsible for Finance.\n12 Expenses of the Centre\n28. The expenses of the Centre shall be charged on the funds of the Centre .\nAccounts and Audit\n29. (1) The Board shall keep books, records, returns and other documents relevant to the",
|
| 17 |
+
"a bank or any other financial institution approved by the Minister responsible for Finance.\n12 Expenses of the Centre\n28. The expenses of the Centre shall be charged on the funds of the Centre .\nAccounts and Audit\n29. (1) The Board shall keep books, records, returns and other documents relevant to the\naccounts in the form approved by the Auditor -General.\n(2) The Board shall submit the accounts of the Centre to the Auditor -General for audit at\nthe end of each financial year.\n(3) The Auditor -General shall within six months after the end of the immediately\npreceding financial year, audit the accounts and forward a copy of the audit report to\nthe Minister and the Boar d.\n(4) The financial year of the Centre shall be the same as the financial year of the\nGovernment.\nAnnual Report and other Reports\n30. (1) The Board shall within one month after the receipt of the audit report, submit an annual\nreport to the Minister covering the activities and the operations of the Centre for the year\nto which the report relates.\n(2) The annual report shall include the report of the Auditor -General.\n(3) The Minister shall, within one month after the receipt of the annual report, submit the\nreport to Parliament with a statement that the Minister considers necessary. The\nBoard shall submit to the Minister any other reports which the Minister may require in\nwriting.\nMiscellaneous Provisions\nRegulations\n31. (1) The Minister on the advice of the Centre may by legislative instrument make\nregulations to provide for ;\na) forms and supporting documents for applications;\nb) authorizations;\nc) certification of ICT products and technology solutions intended for research and\ndevelopment purposes;\nd) dispute resolution;\ne) amendment of the penalt ies specified in Section 7; and",
|
| 18 |
+
"regulations to provide for ;\na) forms and supporting documents for applications;\nb) authorizations;\nc) certification of ICT products and technology solutions intended for research and\ndevelopment purposes;\nd) dispute resolution;\ne) amendment of the penalt ies specified in Section 7; and\nf) any other matter necessary for the effective implementation of the provisions of\nthis Act.\nTransitional provisions\n32. (1) A person in the employment of the Centre immediately before the coming into force\nof this Act shall, on the coming into force of this Act, be deemed to have been duly\nemployed by the Centre established under this Act on terms and conditions which are not\n13 less favourable in aggregate to the terms and conditions attached to the post held by the\nperson before the coming into force of this Act.\n(2) The assets, rights, obligations and liabilities of the Centre in existence immediately\nbefore the coming into force of this Act are transferred to the Centre established under\nthis Act.\n(3) A contract subsisting between the Centre and any other person and in force\nimmediately before the coming into force of this Act shall subsist between the Centre\nestablished under this Act and that other person.\n(4) Any moneys and pr operties held by or on behalf of the Centre immediately before the\ncoming into force of this Act are transferred to the Centre established under this Act.\n(5) With effect from the coming into force of this Act, the centres, units and the limited\nliability ent ities as specified in section 1 2(2) are centres, units, projects and limited\nliability entities of the Centre established under this Act .\nInterpretation\n33. In this Act unless the context otherwise requires -",
|
| 19 |
+
"liability ent ities as specified in section 1 2(2) are centres, units, projects and limited\nliability entities of the Centre established under this Act .\nInterpretation\n33. In this Act unless the context otherwise requires -\n\u201cBoard \u201d means the governing body of the Kofi Annan Research and Development Centre .\n\u201cCentre \u201d means the Kofi Annan Centre of Excellence in ICT .\n\"Development\" means the process of designing, improving, testing, or deploying ICT as\ndefined , based systems, platforms, applications, or services, with the aim of achieving\ntechnological, educational, social, or economic advancement, and includes activities that\nsupport the practical application or scaling of research and innovation outcomes.\n\u201cEntity of a public nature\" means any body corporate or unincorporated tha t meets all of the\nfollowing criteria:\n(i) Public Function: The entity performs functions that are governmental, statutory,\nregulatory, or are otherwise in furtherance of a public mandate or public interest\nobjective;\n(ii) Public Control or Oversight: The entity i s subject to significant control, supervision, or\noversight by a public authority, including the Government of Ghana or any of its\nagencies;\n(iii) Public Funding Dependency: The entity derives a substantial portion of its funding,\nwhether directly or indirectly , from public sources or from funds administered for public\npurposes;\n(iv) Non-Profit Distribution Constraint: The entity does not operate primarily for profit and\nis restricted from distributing profits or surpluses to private individuals or shareholders;\n(v) Accountability: The entity is subject to public accountability mechanisms, such as\nstatutory reporting requirements, audits by a public auditor, or obligations under public\nprocurement or financial administration laws.",
|
| 20 |
+
"is restricted from distributing profits or surpluses to private individuals or shareholders;\n(v) Accountability: The entity is subject to public accountability mechanisms, such as\nstatutory reporting requirements, audits by a public auditor, or obligations under public\nprocurement or financial administration laws.\nAn entity shall be deemed not of a publ ic nature if it is privately owned and operated\nfor commercial purposes, and does not satisfy the above criteria.\n\"ICT\" means information and communication technology which refers to all technologies,\nsystems, infrastructure, software, and platforms used for the collection, processing, storage,\n14 transmission and dissemination of digital information and electronic communications. F or the\npurposes of this Act, ICT shall include;\n(i) digital hardware and software systems;\n(ii) information systems and digital applications, especially within government operations;\n(iii) data centres, hosting facilities, electronic and cloud -based infrastructure;\n(iv) digital innovation platforms, and emerging technologies deployed in the public sector;\nand\n(v) associated standards, architecture, and interoperability frameworks.\n\u201cMinister\u201d means the Minister responsible for Communication .\n\u201cMinistry \u201d means the Ministry responsible for Communication.\n\u201cPublic funding\u201d refers to any financial resources, whether in the form of grants, subsidies,\ninvestments, loans, or other financial support mechanisms, allocated, disbursed, or\nadministered, whether by the Government of Gha na or any other party, for the purpose of\nsupporting research and development in ICT, where the ultimate beneficiary is the\nGovernment of Ghana, any of its ministries, departments, agencies, statutory bodies, or any\nentity of a public nature.\n\"Public institutions\" refer to government -established, owned, or controlled entities that carry",
|
| 21 |
+
"supporting research and development in ICT, where the ultimate beneficiary is the\nGovernment of Ghana, any of its ministries, departments, agencies, statutory bodies, or any\nentity of a public nature.\n\"Public institutions\" refer to government -established, owned, or controlled entities that carry\nout administrative, regulatory, developmental, or service delivery functions on behalf of the\nstate, excluding public academic institutions. This includes ministries, d epartments, agencies,\nstatutory bodies, public authorities, and other entities created by or under an Act of Parliament\nto serve public sector objectives, other than education and academic research conducted by\npublic universities or colleges.\n\"Research\" means a systematic investigation or inquiry, whether theoretical or applied,\nconducted for the purpose of discovering new knowledge, validating existing knowledge, or\ngenerating solutions within the field of ICT, including data collection, analysis, experi mentation,\ndesign, and evaluation."
|
| 22 |
+
]
|
assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/document.txt
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| 1 |
+
KOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL
|
| 2 |
+
ARRANGEMENT OF SECTIONS
|
| 3 |
+
ESTABLISHMENT OF THE CENTRE
|
| 4 |
+
1. Establishment of the Kofi-Annan Centre of Excellence in ICT
|
| 5 |
+
2. Object of the Centre
|
| 6 |
+
3. Functions of the Centre
|
| 7 |
+
POWERS OF THE CENTRE
|
| 8 |
+
4. National ICT Research and Development Mandate
|
| 9 |
+
5. Mandatory Consultation for ICT Training
|
| 10 |
+
6. Intermediary Role
|
| 11 |
+
7. No objection by the Centre
|
| 12 |
+
8. Review
|
| 13 |
+
GOVERNANCE OF THE CENTRE
|
| 14 |
+
9. Governing body of the Centre
|
| 15 |
+
10. Functions of the Board
|
| 16 |
+
11. Duties and Liabilities of members of the Board
|
| 17 |
+
12. Establishment of centres, units, projects and limited liability entities
|
| 18 |
+
13. Meetings of the Board
|
| 19 |
+
14. Tenure of office of members of the Board
|
| 20 |
+
15. Disclosure of Interest
|
| 21 |
+
16. Committees of the Board
|
| 22 |
+
17. Allowances for members of the Board and Committees
|
| 23 |
+
18. Policy Direc tives
|
| 24 |
+
ADMINISTRATION OF THE CENTRE
|
| 25 |
+
19. Director -General of the Centre
|
| 26 |
+
20. Secretary of the Board
|
| 27 |
+
21. Appointment of other staff
|
| 28 |
+
22. Directorates of the Centre
|
| 29 |
+
FINANCIAL PROVISIONS
|
| 30 |
+
23. Internal Audit Unit
|
| 31 |
+
24. Funds of the Centre
|
| 32 |
+
25. Budget Estimates
|
| 33 |
+
26. Bank account of the Centre
|
| 34 |
+
27. Borrowing powers of the Centre
|
| 35 |
+
28. Expenses of the Centre
|
| 36 |
+
29. Accounts and audit
|
| 37 |
+
30. Annual report and other reports
|
| 38 |
+
MISCELLANEOUS PROVISIONS
|
| 39 |
+
31. Regulations
|
| 40 |
+
2 32. Transitional provisions
|
| 41 |
+
33. Interpretation
|
| 42 |
+
3 A BILL EN TITLED
|
| 43 |
+
KOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL, 2025
|
| 44 |
+
An Act to establish the Kofi Annan Centre of Excellence in ICT as a centre of Excellence in
|
| 45 |
+
Information and Communication Technology dedicated to advancing research, innovation,
|
| 46 |
+
and capacity building, as well as providing consultancy and advisory services in ICT, Emerging
|
| 47 |
+
Digital Technologies, and related areas.
|
| 48 |
+
PASSED by Parliament on… ................ and assented to by the President.
|
| 49 |
+
Establishment of the Kofi Annan Research and Development Centre
|
| 50 |
+
1. (1) There is established by this Act the Kofi Annan Centre of Excellence in ICT .
|
| 51 |
+
(2) The Centre shall be a body corporate with perpetual succession and a common seal,
|
| 52 |
+
may sue and be sued in its corporate name.
|
| 53 |
+
(3) The Centre shall for the performance of its functions have the right to acquire and
|
| 54 |
+
hold movable and immovable property a nd enter into a contract or any other
|
| 55 |
+
transaction.
|
| 56 |
+
(4) Where there is a hindrance to the acquisition of property, the property may be
|
| 57 |
+
acquired for the Centre under the Land Act, 2020 (Act 1036) and the cost shall be
|
| 58 |
+
borne by the Centre.
|
| 59 |
+
2. Object of the Centre
|
| 60 |
+
The object of the Centre is to serve as the Centre of Excellence dedicated to advancing
|
| 61 |
+
research, development, innovation, and capacity building, as well as providing consultancy
|
| 62 |
+
and advisory services in emerging digital technologies and related fields in ICT.
|
| 63 |
+
Functions of the Centre
|
| 64 |
+
3. 1) To achieve the object, the Centre shall:
|
| 65 |
+
a) undertake research, development, training and consultancy in ICT;
|
| 66 |
+
b) grant no objections to public institutions seeking to apply for public funding in ICT
|
| 67 |
+
research, subject to fulfilment of application requirements;
|
| 68 |
+
c) collaborate with international organisations on matters of research and development
|
| 69 |
+
in ICT and emerging digital technologies;
|
| 70 |
+
d) provide education and training in ICT to public institutions;
|
| 71 |
+
e) provide consultancy and advi sory services in ICT to support public and private sector
|
| 72 |
+
initiatives;
|
| 73 |
+
f) represent Ghana in regional and global forums and foster cross border digital co -
|
| 74 |
+
operation in ICT;
|
| 75 |
+
g) promote digital inclusion and equitable access to infrastructure and services across
|
| 76 |
+
Ghana through research, advocacy, training, capacity development, coaching and
|
| 77 |
+
4 mentorship in ICT;
|
| 78 |
+
h) develop and promote standards, best practices and frameworks in software and
|
| 79 |
+
hardware development in ICT;
|
| 80 |
+
i) monitor and evaluate the impact of ICT projects and grant funded initiatives to ensure
|
| 81 |
+
alignment with national goals in ICT; and
|
| 82 |
+
j) perform any other functions ancillary to the objects of the Centre .
|
| 83 |
+
Powers of the Centre
|
| 84 |
+
National ICT Research and Development Mandate
|
| 85 |
+
4. (1) The Centre is hereby designated as the National Centre for Research and
|
| 86 |
+
Development in ICT, in Ghana.
|
| 87 |
+
(2) The Centre shall;
|
| 88 |
+
a) serve as the primary institution for coordinating research and development
|
| 89 |
+
initiativ es in ICT in the public sector ;
|
| 90 |
+
b) be the national institution for attracting and managing public funding and technical
|
| 91 |
+
support in ICT research and development from bilateral and multilateral partners,
|
| 92 |
+
philanthropic foundations, and other international bodies; and
|
| 93 |
+
c) provide support to public and private sec tors engaged in digital innovation and
|
| 94 |
+
research.
|
| 95 |
+
Mandatory Consultation for ICT Training
|
| 96 |
+
5. (1) The Centre shall serve as the primary national body for the provision, coordination, and
|
| 97 |
+
standardization of ICT training for public sector institutions in Ghana.
|
| 98 |
+
(2) All ministries, departments, agencies, metropolitan, municipal and district assemblies,
|
| 99 |
+
statutory bodies, public corporations, and other state institutions intending to undertake
|
| 100 |
+
ICT training for their personnel shall first consult the Centre regarding t he availability
|
| 101 |
+
and capacity to provide the required training.
|
| 102 |
+
(3) Where the Centre confirms that it has the capacity to deliver the requested training,
|
| 103 |
+
the institution shall procure such training from the Centre .
|
| 104 |
+
(4) Where the Centre determines that it does not have the capacity to provide the training
|
| 105 |
+
in whole or in part, the institution may procure such training from an alternative provider,
|
| 106 |
+
subject to any guidance or standards issued by the Centre .
|
| 107 |
+
(5) Any institution, referred to unde r section 5(2) that procures ICT training without prior
|
| 108 |
+
consultation with the Centre , or contrary to the Centre ’s determination under this
|
| 109 |
+
section, shall be deemed non -compliant and may be subject to administrative
|
| 110 |
+
sanctions as may be prescribed by regulat ions.
|
| 111 |
+
5 Intermediary Role
|
| 112 |
+
6. (1) The Centre shall serve as the national intermediary for public institutions in Ghana,
|
| 113 |
+
responsible for receiving, assessing, coordinating, and disbursing public funding, grants,
|
| 114 |
+
technical assistance, or other forms of support from international and philanthropic
|
| 115 |
+
organizations intended to promote research, innovation, or development in ICT.
|
| 116 |
+
(2) Without limiting subsection (1), the Centre shall;
|
| 117 |
+
a) establish a framework for the submission and evaluation of public funding
|
| 118 |
+
proposals by public institutions;
|
| 119 |
+
b) assess the technica l, operational and financial feasibility of proposed projects of
|
| 120 |
+
public institutions;
|
| 121 |
+
c) act as an intermediary or fund administrator for funding to public institutions, where
|
| 122 |
+
authorized by the funding partner; and
|
| 123 |
+
d) monitor and report on the implementation and impact of projects financed through
|
| 124 |
+
public funding.
|
| 125 |
+
(3) A funding agency , development partner or international donor may enter into an
|
| 126 |
+
agreement with the Centre for the purposes of administering, disbursing or managing
|
| 127 |
+
public funding in accordance with this s ection.
|
| 128 |
+
No Objection by the Centre
|
| 129 |
+
7. (1) A public institution who seeks to apply for, receive, administer or benefit from public
|
| 130 |
+
funding from any local or international source for research or development project in ICT,
|
| 131 |
+
shall, prior to applying for such funding, obtain a no objection from the Centre .
|
| 132 |
+
(2) The application shall be in writing and shall be accompanied by;
|
| 133 |
+
a) such documents as shall be prescribed by regulations made pursuant to this Act;
|
| 134 |
+
and
|
| 135 |
+
b) prescribed fees.
|
| 136 |
+
(3) The Centre shall keep a repository of public institutions and research and
|
| 137 |
+
development projects certified under section 7 of this Act.
|
| 138 |
+
(4) The Centre shall issue a no objection where it is satisfied that;
|
| 139 |
+
a) the proposed research and development project is legitimate and a ligned with the
|
| 140 |
+
national development goals in ICT;
|
| 141 |
+
b) the public institution possesses the requisite capacity to execute the proposed
|
| 142 |
+
research and development project; and
|
| 143 |
+
c) the implementation and governance framework of the proposed research and
|
| 144 |
+
development project meets the standards prescribed by the Centre .
|
| 145 |
+
(5) A no objection granted under this section;
|
| 146 |
+
a) shall be valid only for the specific the proposed research and development project
|
| 147 |
+
for which it is issued;
|
| 148 |
+
b) shall not be transferrable;
|
| 149 |
+
c) shall not constitute a general endorsement of the public institution’s other
|
| 150 |
+
activities; and
|
| 151 |
+
d) may be subject to such conditions as the Centre may prescribe.
|
| 152 |
+
6 (6) A public institution who;
|
| 153 |
+
a) applies for, receives, or administers ICT -related public funding in contravention
|
| 154 |
+
of section 7 of this Act; or
|
| 155 |
+
b) knowingly misrepresents or omits material information in an application for no
|
| 156 |
+
objection commits an offence and is liable on summary conviction to a fine of not
|
| 157 |
+
less than one thousand penalty units and not more than five thousand penalty
|
| 158 |
+
units.
|
| 159 |
+
(7) In addition to any penalty imposed under subsection (6) the Centre may disqualify
|
| 160 |
+
the public institution from applying for a no objection or public funding f or a period not
|
| 161 |
+
exceeding three (3) years.
|
| 162 |
+
(8) The Centre shall, within thirty (30) days of receipt of an application for no objection
|
| 163 |
+
inform the public institution in writing of the decision of the Centre .
|
| 164 |
+
Review of a no objection decision of the Centre
|
| 165 |
+
8. (1) A public institution whose no objection application has been denied by the Centre
|
| 166 |
+
may, within thirty 30 days of receipt of the decision, submit a complaint in writing to the
|
| 167 |
+
Director -General for a review of the decision. The Director -General shall within t hirty
|
| 168 |
+
(30) days of receipt of the complaint, review the complaint and inform the complainant
|
| 169 |
+
of the outcome of the review .
|
| 170 |
+
(2) A public institution dissatisfied with the decision of the Director -General under
|
| 171 |
+
subsection (1) may, within 28 days after the da te of receipt of the decision, submit a
|
| 172 |
+
complaint in writing to the Minister for a review of the decision of the Director -General.
|
| 173 |
+
The Minister shall within 60 days of receipt of the complaint, review the complaint and
|
| 174 |
+
inform the complainant of a decision.
|
| 175 |
+
Governance of the Centre
|
| 176 |
+
Governing Body of the Centre
|
| 177 |
+
9. (1) The governing body of the Centre shall be a Governing Board consisting of;
|
| 178 |
+
a) The Chairperson;
|
| 179 |
+
b) The Director -General of the Centre ;
|
| 180 |
+
c) One representative from the Technical, Vocational Education and Training (TVET)
|
| 181 |
+
Service, not below the rank of a Director;
|
| 182 |
+
d) One representative from the Ministry not below the rank of a Director;
|
| 183 |
+
e) Two persons in academia appointed by the Ghana Tertiary Education Commission ,
|
| 184 |
+
with expertise in ICT, not below the rank of Senior Lecturer;
|
| 185 |
+
f) Two persons with expertise in ICT, nominated by their professional bodies ; and
|
| 186 |
+
g) Two persons appointed by the President.
|
| 187 |
+
(2) Members of the Board shall be appointed by the President in accordance with Article
|
| 188 |
+
70 of the Constitution.
|
| 189 |
+
(3) Notwithstanding any other provision in this section, the composition of the governing
|
| 190 |
+
board shall include not less than three (3) women as memb ers.
|
| 191 |
+
7 Functions of the Board
|
| 192 |
+
10. (1) The Board shall be responsible for the performance of the functions of the Centre , the
|
| 193 |
+
drafting and implementing of operational policies, general supervision of the management
|
| 194 |
+
and affairs of the Centre ; and such other functions conferred upon it by this Act.
|
| 195 |
+
(2) For the purposes of subsection ( 1);
|
| 196 |
+
a) establish appropriate structures for the effective and efficient execution of the
|
| 197 |
+
object of the Centre ;
|
| 198 |
+
b) secure the achievement of the object of the Centre ;
|
| 199 |
+
c) take reasonable and timely action on the reports submitted to it by the Director -
|
| 200 |
+
General;
|
| 201 |
+
d) advise the Minister on the drafting of legislative instruments , regulations and
|
| 202 |
+
policies for the effective implementation of this Act; and
|
| 203 |
+
e) perform any other functions incidental to the achievement of the aims of the Centre .
|
| 204 |
+
Duties and Liabilities of members of the Board
|
| 205 |
+
11. (1) A member of the Board shall have the same fiduciary relationship with the Centre
|
| 206 |
+
and the duty to act in good faith as a director of a company incorporated under the
|
| 207 |
+
Companies Act, 2019 (Act 992).
|
| 208 |
+
(2) Without limiting subsection (1), a member of the Board has a duty;
|
| 209 |
+
a) to act honestly in the performance of the functions of that member;
|
| 210 |
+
b) to exercise the degree of care and diligence in the performance of the functions of
|
| 211 |
+
that member, that a reasonable person in that position would reasonably be
|
| 212 |
+
expected to exercise in the circumstances;
|
| 213 |
+
c) not to use information acquired by virtue of the position of that member as a
|
| 214 |
+
member of the Board without authorization; and
|
| 215 |
+
d) not to use the position of the member to gain directly or indirectly, a benefit for that
|
| 216 |
+
member or for any other person; and
|
| 217 |
+
e) not to knowingly or negligently cause loss to the Centre .
|
| 218 |
+
(3) A member of the Board who contravenes subsection (1) or (2) commits an offence
|
| 219 |
+
and is liable on summary conviction to a fine of not less than two thousand penalty
|
| 220 |
+
units and not more than six thousand penalty units.
|
| 221 |
+
Establishment of centres, units, projects and limited liability entities
|
| 222 |
+
12. (1) The Board shall have the power to establish centres, units, projects and limited liability
|
| 223 |
+
entities with appropriate structures for the effective and efficient execution of the object
|
| 224 |
+
of the Centre .
|
| 225 |
+
(2) Without limiting subsection (1), the following centres established prior to the
|
| 226 |
+
commencement of this Act shall continue to operate under this Act as centres of the
|
| 227 |
+
Centre ;
|
| 228 |
+
a) Open Technologies Research and Development Centre , Bolgatanga ;
|
| 229 |
+
b) Smart Technologies & AI Research Centre, Sunyani; and
|
| 230 |
+
8
|
| 231 |
+
c) GI-KACE Consult Ltd.
|
| 232 |
+
Meetings of the Board
|
| 233 |
+
13. (1) The Board shall meet at least once every three months for the dispatch of business at
|
| 234 |
+
a time and venue determined by the chairperson.
|
| 235 |
+
(2) The chairperson shall at the request in writing of not less than one third of the
|
| 236 |
+
membership of the Board convene an extra -ordinary meeting of the Board at a place
|
| 237 |
+
and time determined by the chairperson.
|
| 238 |
+
(3) The quorum at a meeting of the Board is two thirds of members of the Board or a
|
| 239 |
+
greater number determined by the Board in respect of an important matter.
|
| 240 |
+
(4) The chairperson shall preside at the meetings of the Board and in the absence of the
|
| 241 |
+
chairperson, a member of the Board elected by the members present f rom among
|
| 242 |
+
their number shall preside.
|
| 243 |
+
(5) Matters before the Board shall be decided by a majority of the members present and
|
| 244 |
+
voting, and in the event of an equality of votes, the person presiding shall have a
|
| 245 |
+
casting vote.
|
| 246 |
+
(6) The Board may co -opt a person to attend a Board meeting but that person shall not
|
| 247 |
+
vote on a matter for decision at the meeting.
|
| 248 |
+
(7) The proceedings of the Board shall not be invalidated due to a vacancy among the
|
| 249 |
+
members or a defect in the appointment or qualification of a member.
|
| 250 |
+
(8) The Board shall, subject to this section, determine the procedure for its meetings.
|
| 251 |
+
Tenure of office of members of the Board
|
| 252 |
+
14. (1) A member of the Board shall hold office for a period not exceeding four years and is
|
| 253 |
+
eligible for re - appointment, but a member shall not be appointed for more than two terms.
|
| 254 |
+
(2) Subsection (1) does not apply to the Director -General of the Centre .
|
| 255 |
+
(3) A member of the Board may at any time resign from office in writing addressed to
|
| 256 |
+
the President through the Minister.
|
| 257 |
+
(4) A member of the Board, other than the Director -General of the Centre , who is
|
| 258 |
+
absent from three consecutive meetings of the Board without sufficient cause shall
|
| 259 |
+
cease to be a member of the Board.
|
| 260 |
+
(5) The President may by letter addressed to a member revoke the appointment of that
|
| 261 |
+
member.
|
| 262 |
+
(6) Where a member of the Board is, for a sufficient cause, unable to act as a member,
|
| 263 |
+
the Minister shall determine whether the inability would result in the declaration of a
|
| 264 |
+
vacancy.
|
| 265 |
+
(7) Where there is a vacancy; under subsection (3), or subsection (4), or as a result of a
|
| 266 |
+
declaration under subsection (6), or by reason of the death of a member, the Minister
|
| 267 |
+
shall notify the President of the vacancy and the President shall appoint a person to
|
| 268 |
+
fill the vacancy.
|
| 269 |
+
9
|
| 270 |
+
Disclosure of Interest
|
| 271 |
+
15. (1) A member of the Board who has an interest in a matter for consideration by the Board
|
| 272 |
+
shall:
|
| 273 |
+
a) disclose, in writing, the nature of the interest to the Board prior to or at the meeting
|
| 274 |
+
at which the matter is to be considered; and the disclosure shall form part of the
|
| 275 |
+
record for the consideration of the matter; and
|
| 276 |
+
b) not be present at nor participate in the deliberations of the Board in respect of that
|
| 277 |
+
matter.
|
| 278 |
+
(2) A member ceases to be a member of the Board, if that member has an interest in a
|
| 279 |
+
matter before the Board but;
|
| 280 |
+
a) fails to disclose that interest, and
|
| 281 |
+
b) is present and participates in the deliberations of the matter.
|
| 282 |
+
Committees of the Board
|
| 283 |
+
16. (1) The Board may establish committees consisting of members of the Board or non -
|
| 284 |
+
members of the Board or both and may assign to these committees such functions as
|
| 285 |
+
the Board may determine.
|
| 286 |
+
(2) The tenure of office of a member of a committee shall be coterminous with that
|
| 287 |
+
member’s term of office on the Board.
|
| 288 |
+
(3) A committee composed of members and non -members of the Board shall be chaired
|
| 289 |
+
by a member of the Board.
|
| 290 |
+
(4) The provisions of Section 16 on Disclosure of Interest shall apply to members of a
|
| 291 |
+
committee of the Board.
|
| 292 |
+
Allowances for members of the Board and Committees
|
| 293 |
+
17. Board members and members of committees of the Board shall be paid such allowances
|
| 294 |
+
as are approved by the Minister in consultation with the Minister responsible for Finance.
|
| 295 |
+
Policy Directives
|
| 296 |
+
18. The Minister may give policy directives to the Board in writing, consistent with the
|
| 297 |
+
provisions of this Act and the Board shall comply.
|
| 298 |
+
Administration of the Centre
|
| 299 |
+
Director - General of the Centre
|
| 300 |
+
19. (1) The Director -General shall be appointed by the President in accordance with
|
| 301 |
+
Article 195 of the Constitution.
|
| 302 |
+
10 (2) The Director -General shall be responsible for the day-to-day administration of the
|
| 303 |
+
Centre and shall be accountable to the Board in the performance of his/her functions
|
| 304 |
+
under this Act.
|
| 305 |
+
(3) The Director -General shall, subject to the general directives of the Board, be
|
| 306 |
+
responsible for the effective management and administration of the Centre .
|
| 307 |
+
(4) The Director -General shall hold office on the terms and conditions specified in
|
| 308 |
+
his/her letter of appointment.
|
| 309 |
+
(5) The Director -General may in writing, delegate a function to an officer of the Centre ,
|
| 310 |
+
except that, such delegation shall not relieve the Director -General of the ultimate
|
| 311 |
+
responsibility for the performance of the delegated function.
|
| 312 |
+
(6) The Director -General shall be a person of high moral character and integrity with
|
| 313 |
+
the relevant qualifications and experience related to the functions of the Centre .
|
| 314 |
+
Secretary to the Board
|
| 315 |
+
20. (1) The Board shall designate an officer of the Centre not below the rank of a Deputy
|
| 316 |
+
Director as Secretary to the Board.
|
| 317 |
+
(2) The Secretary shall;
|
| 318 |
+
a) arrange the meetings of the Board;
|
| 319 |
+
b) record and maintain minutes of meetings of the Board;
|
| 320 |
+
c) record and maintain resolutions passed by the Board;
|
| 321 |
+
d) maintain a Register of Board Members' Interest; and
|
| 322 |
+
e) perform any other functions assigned by the Board.
|
| 323 |
+
(2) The Secretary, in the performance of the functions under subsection (2), shall be
|
| 324 |
+
accountable to the Board.
|
| 325 |
+
Appointment of other Staff
|
| 326 |
+
21. (1) The Centre may employ such staff as may be necessary for the proper and effective
|
| 327 |
+
performance of its functions.
|
| 328 |
+
(2) The Board shall determine vacancies and qualifications of staff to be recruited in
|
| 329 |
+
accordance with Article 195 of the Constitution.
|
| 330 |
+
(3) The terms, conditions and scheme of service of a person employed by the Centre
|
| 331 |
+
shall be as approved by the Board.
|
| 332 |
+
(4) The Centre may, on the recommendation of the Board, engage the services of
|
| 333 |
+
consultants and experts for the effective discharge of the functions of the Centre .
|
| 334 |
+
(5) Other public officers may be transferred or seconded to the Centre or may otherwise
|
| 335 |
+
provide assistance to t he Centre .
|
| 336 |
+
11
|
| 337 |
+
Directorates of the Centre
|
| 338 |
+
22. (1) The Board may create such directorates as it may consider necessary for the efficient
|
| 339 |
+
and effective performance of the functions of the Centre .
|
| 340 |
+
(2) The directorates may include:
|
| 341 |
+
a) research and innovation;
|
| 342 |
+
b) studies;
|
| 343 |
+
c) corporate affairs and media relations;
|
| 344 |
+
d) consultancy; and
|
| 345 |
+
e) finance and administration.
|
| 346 |
+
Financial Provisions
|
| 347 |
+
Internal Audit
|
| 348 |
+
23. The Centre shall have an internal audit unit in accordance with section 83 of the Public
|
| 349 |
+
Financial Management Act, 2016 (Act 921).
|
| 350 |
+
Funds of the Centre
|
| 351 |
+
24. (1) The funds of the Centre shall include:
|
| 352 |
+
a) moneys approved by Parliament for the Centre ;
|
| 353 |
+
b) application fees;
|
| 354 |
+
c) administrative penalties;
|
| 355 |
+
d) any other internally generated funds;
|
| 356 |
+
e) grants, donations and loans approved by the Minister responsible for Finance; and
|
| 357 |
+
f) any other moneys approved by the Minister responsible for Finance.
|
| 358 |
+
Budget Estimates
|
| 359 |
+
25. The Director -General shall prepare budget estimates for each financial year and present
|
| 360 |
+
the estimates to the Board for its approval not later than four months prior to the end of
|
| 361 |
+
the financial year.
|
| 362 |
+
Bank Account of the Centre
|
| 363 |
+
26. The moneys for the Centre shall be paid into a bank account opened for the purpose, by
|
| 364 |
+
the Centre with the approval of th e Controller and Accountant -General.
|
| 365 |
+
Borrowing powers of the Centre
|
| 366 |
+
27. Subject to section 76 of the Public Financial Management Act, 2016, (Act 921), the Centre
|
| 367 |
+
may obtain loans and any other credit facilities on the guarantee of the Government from
|
| 368 |
+
a bank or any other financial institution approved by the Minister responsible for Finance.
|
| 369 |
+
12 Expenses of the Centre
|
| 370 |
+
28. The expenses of the Centre shall be charged on the funds of the Centre .
|
| 371 |
+
Accounts and Audit
|
| 372 |
+
29. (1) The Board shall keep books, records, returns and other documents relevant to the
|
| 373 |
+
accounts in the form approved by the Auditor -General.
|
| 374 |
+
(2) The Board shall submit the accounts of the Centre to the Auditor -General for audit at
|
| 375 |
+
the end of each financial year.
|
| 376 |
+
(3) The Auditor -General shall within six months after the end of the immediately
|
| 377 |
+
preceding financial year, audit the accounts and forward a copy of the audit report to
|
| 378 |
+
the Minister and the Boar d.
|
| 379 |
+
(4) The financial year of the Centre shall be the same as the financial year of the
|
| 380 |
+
Government.
|
| 381 |
+
Annual Report and other Reports
|
| 382 |
+
30. (1) The Board shall within one month after the receipt of the audit report, submit an annual
|
| 383 |
+
report to the Minister covering the activities and the operations of the Centre for the year
|
| 384 |
+
to which the report relates.
|
| 385 |
+
(2) The annual report shall include the report of the Auditor -General.
|
| 386 |
+
(3) The Minister shall, within one month after the receipt of the annual report, submit the
|
| 387 |
+
report to Parliament with a statement that the Minister considers necessary. The
|
| 388 |
+
Board shall submit to the Minister any other reports which the Minister may require in
|
| 389 |
+
writing.
|
| 390 |
+
Miscellaneous Provisions
|
| 391 |
+
Regulations
|
| 392 |
+
31. (1) The Minister on the advice of the Centre may by legislative instrument make
|
| 393 |
+
regulations to provide for ;
|
| 394 |
+
a) forms and supporting documents for applications;
|
| 395 |
+
b) authorizations;
|
| 396 |
+
c) certification of ICT products and technology solutions intended for research and
|
| 397 |
+
development purposes;
|
| 398 |
+
d) dispute resolution;
|
| 399 |
+
e) amendment of the penalt ies specified in Section 7; and
|
| 400 |
+
f) any other matter necessary for the effective implementation of the provisions of
|
| 401 |
+
this Act.
|
| 402 |
+
Transitional provisions
|
| 403 |
+
32. (1) A person in the employment of the Centre immediately before the coming into force
|
| 404 |
+
of this Act shall, on the coming into force of this Act, be deemed to have been duly
|
| 405 |
+
employed by the Centre established under this Act on terms and conditions which are not
|
| 406 |
+
13 less favourable in aggregate to the terms and conditions attached to the post held by the
|
| 407 |
+
person before the coming into force of this Act.
|
| 408 |
+
(2) The assets, rights, obligations and liabilities of the Centre in existence immediately
|
| 409 |
+
before the coming into force of this Act are transferred to the Centre established under
|
| 410 |
+
this Act.
|
| 411 |
+
(3) A contract subsisting between the Centre and any other person and in force
|
| 412 |
+
immediately before the coming into force of this Act shall subsist between the Centre
|
| 413 |
+
established under this Act and that other person.
|
| 414 |
+
(4) Any moneys and pr operties held by or on behalf of the Centre immediately before the
|
| 415 |
+
coming into force of this Act are transferred to the Centre established under this Act.
|
| 416 |
+
(5) With effect from the coming into force of this Act, the centres, units and the limited
|
| 417 |
+
liability ent ities as specified in section 1 2(2) are centres, units, projects and limited
|
| 418 |
+
liability entities of the Centre established under this Act .
|
| 419 |
+
Interpretation
|
| 420 |
+
33. In this Act unless the context otherwise requires -
|
| 421 |
+
“Board ” means the governing body of the Kofi Annan Research and Development Centre .
|
| 422 |
+
“Centre ” means the Kofi Annan Centre of Excellence in ICT .
|
| 423 |
+
"Development" means the process of designing, improving, testing, or deploying ICT as
|
| 424 |
+
defined , based systems, platforms, applications, or services, with the aim of achieving
|
| 425 |
+
technological, educational, social, or economic advancement, and includes activities that
|
| 426 |
+
support the practical application or scaling of research and innovation outcomes.
|
| 427 |
+
“Entity of a public nature" means any body corporate or unincorporated tha t meets all of the
|
| 428 |
+
following criteria:
|
| 429 |
+
(i) Public Function: The entity performs functions that are governmental, statutory,
|
| 430 |
+
regulatory, or are otherwise in furtherance of a public mandate or public interest
|
| 431 |
+
objective;
|
| 432 |
+
(ii) Public Control or Oversight: The entity i s subject to significant control, supervision, or
|
| 433 |
+
oversight by a public authority, including the Government of Ghana or any of its
|
| 434 |
+
agencies;
|
| 435 |
+
(iii) Public Funding Dependency: The entity derives a substantial portion of its funding,
|
| 436 |
+
whether directly or indirectly , from public sources or from funds administered for public
|
| 437 |
+
purposes;
|
| 438 |
+
(iv) Non-Profit Distribution Constraint: The entity does not operate primarily for profit and
|
| 439 |
+
is restricted from distributing profits or surpluses to private individuals or shareholders;
|
| 440 |
+
(v) Accountability: The entity is subject to public accountability mechanisms, such as
|
| 441 |
+
statutory reporting requirements, audits by a public auditor, or obligations under public
|
| 442 |
+
procurement or financial administration laws.
|
| 443 |
+
An entity shall be deemed not of a publ ic nature if it is privately owned and operated
|
| 444 |
+
for commercial purposes, and does not satisfy the above criteria.
|
| 445 |
+
"ICT" means information and communication technology which refers to all technologies,
|
| 446 |
+
systems, infrastructure, software, and platforms used for the collection, processing, storage,
|
| 447 |
+
14 transmission and dissemination of digital information and electronic communications. F or the
|
| 448 |
+
purposes of this Act, ICT shall include;
|
| 449 |
+
(i) digital hardware and software systems;
|
| 450 |
+
(ii) information systems and digital applications, especially within government operations;
|
| 451 |
+
(iii) data centres, hosting facilities, electronic and cloud -based infrastructure;
|
| 452 |
+
(iv) digital innovation platforms, and emerging technologies deployed in the public sector;
|
| 453 |
+
and
|
| 454 |
+
(v) associated standards, architecture, and interoperability frameworks.
|
| 455 |
+
“Minister” means the Minister responsible for Communication .
|
| 456 |
+
“Ministry ” means the Ministry responsible for Communication.
|
| 457 |
+
“Public funding” refers to any financial resources, whether in the form of grants, subsidies,
|
| 458 |
+
investments, loans, or other financial support mechanisms, allocated, disbursed, or
|
| 459 |
+
administered, whether by the Government of Gha na or any other party, for the purpose of
|
| 460 |
+
supporting research and development in ICT, where the ultimate beneficiary is the
|
| 461 |
+
Government of Ghana, any of its ministries, departments, agencies, statutory bodies, or any
|
| 462 |
+
entity of a public nature.
|
| 463 |
+
"Public institutions" refer to government -established, owned, or controlled entities that carry
|
| 464 |
+
out administrative, regulatory, developmental, or service delivery functions on behalf of the
|
| 465 |
+
state, excluding public academic institutions. This includes ministries, d epartments, agencies,
|
| 466 |
+
statutory bodies, public authorities, and other entities created by or under an Act of Parliament
|
| 467 |
+
to serve public sector objectives, other than education and academic research conducted by
|
| 468 |
+
public universities or colleges.
|
| 469 |
+
"Research" means a systematic investigation or inquiry, whether theoretical or applied,
|
| 470 |
+
conducted for the purpose of discovering new knowledge, validating existing knowledge, or
|
| 471 |
+
generating solutions within the field of ICT, including data collection, analysis, experi mentation,
|
| 472 |
+
design, and evaluation.
|
assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:17:56.375583+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Kofi-Annan-Centre-of-Excellence-Bill.pdf",
|
| 6 |
+
"document_hash": "bf3248fc38471b23b7fa3850e857e6c6501375025520cf1e590e25ce2945742b",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/manifest.json
CHANGED
|
@@ -10,91 +10,91 @@
|
|
| 10 |
"id": "data-harmonisation-bill",
|
| 11 |
"title": "Data Harmonisation Bill",
|
| 12 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Data-Harmonisation-Bill.pdf",
|
| 13 |
-
"document_hash": "",
|
| 14 |
"asset_dir": "data-harmonisation-bill"
|
| 15 |
},
|
| 16 |
{
|
| 17 |
"id": "data-protection-bill-2025",
|
| 18 |
"title": "Data Protection Bill, 2025",
|
| 19 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DATA-PROTECTION-BILL.pdf",
|
| 20 |
-
"document_hash": "",
|
| 21 |
"asset_dir": "data-protection-bill-2025"
|
| 22 |
},
|
| 23 |
{
|
| 24 |
"id": "digital-economy-and-innovation-development-fund-bill-2025",
|
| 25 |
"title": "Digital Economy and Innovation Development Fund Bill, 2025",
|
| 26 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DIGITAL-ECONOMY-AND-INNOVATION-DEVELOPMENT-FUND-BILL.pdf",
|
| 27 |
-
"document_hash": "",
|
| 28 |
"asset_dir": "digital-economy-and-innovation-development-fund-bill-2025"
|
| 29 |
},
|
| 30 |
{
|
| 31 |
"id": "electronic-communications-bill-2025",
|
| 32 |
"title": "Electronic Communications Bill, 2025",
|
| 33 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-Electronic-Communications-Bill-2025.pdf",
|
| 34 |
-
"document_hash": "",
|
| 35 |
"asset_dir": "electronic-communications-bill-2025"
|
| 36 |
},
|
| 37 |
{
|
| 38 |
"id": "electronic-transactions-bill-2025",
|
| 39 |
"title": "Electronic Transactions Bill, 2025",
|
| 40 |
"source_url": "https://nita.gov.gh/wp-content/uploads/2025/NITA-ETA-public-consultation-2025.pdf",
|
| 41 |
-
"document_hash": "",
|
| 42 |
"asset_dir": "electronic-transactions-bill-2025"
|
| 43 |
},
|
| 44 |
{
|
| 45 |
"id": "emerging-technologies-bill-2025",
|
| 46 |
"title": "Emerging Technologies Bill, 2025",
|
| 47 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MoCDTI-EMERGING-TECHNOLOGIES-DRAFT-BILL-2025-2.pdf",
|
| 48 |
-
"document_hash": "",
|
| 49 |
"asset_dir": "emerging-technologies-bill-2025"
|
| 50 |
},
|
| 51 |
{
|
| 52 |
"id": "ghana-domain-name-registry-bill-2025",
|
| 53 |
"title": "Ghana Domain Name Registry Bill, 2025",
|
| 54 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Ghana-Domain-Name-Registry-Bill.pdf",
|
| 55 |
-
"document_hash": "",
|
| 56 |
"asset_dir": "ghana-domain-name-registry-bill-2025"
|
| 57 |
},
|
| 58 |
{
|
| 59 |
"id": "ghana-meteorological-authority-bill-2025",
|
| 60 |
"title": "Ghana Meteorological Authority Bill, 2025",
|
| 61 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/GHANA-METEOROLOGICAL-AUTHORITY-BILL.pdf",
|
| 62 |
-
"document_hash": "",
|
| 63 |
"asset_dir": "ghana-meteorological-authority-bill-2025"
|
| 64 |
},
|
| 65 |
{
|
| 66 |
"id": "kofi-annan-centre-of-excellence-in-ict-bill-2025",
|
| 67 |
"title": "Kofi Annan Centre of Excellence in ICT Bill, 2025",
|
| 68 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Kofi-Annan-Centre-of-Excellence-Bill.pdf",
|
| 69 |
-
"document_hash": "",
|
| 70 |
"asset_dir": "kofi-annan-centre-of-excellence-in-ict-bill-2025"
|
| 71 |
},
|
| 72 |
{
|
| 73 |
"id": "mdhi-bill-2025",
|
| 74 |
"title": "MDHI Bill, 2025",
|
| 75 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MISINFORMATION-DISINFORMATION-HATE-SPEECH-1.pdf",
|
| 76 |
-
"document_hash": "",
|
| 77 |
"asset_dir": "mdhi-bill-2025"
|
| 78 |
},
|
| 79 |
{
|
| 80 |
"id": "national-communications-authority-bill-2025",
|
| 81 |
"title": "National Communications Authority Bill, 2025",
|
| 82 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-National-Communications-Authority-Bill-2025.pdf",
|
| 83 |
-
"document_hash": "",
|
| 84 |
"asset_dir": "national-communications-authority-bill-2025"
|
| 85 |
},
|
| 86 |
{
|
| 87 |
"id": "national-information-technology-authority-bill-2025",
|
| 88 |
"title": "National Information Technology Authority Bill, 2025",
|
| 89 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NITA-NATIONAL-INFORMATION-TECHNOLOGY-AUTHORITY-BILL_-10-07-25.pdf",
|
| 90 |
-
"document_hash": "",
|
| 91 |
"asset_dir": "national-information-technology-authority-bill-2025"
|
| 92 |
},
|
| 93 |
{
|
| 94 |
"id": "postal-courier-and-logistics-commission-bill-2025",
|
| 95 |
"title": "Postal, Courier and Logistics Commission Bill, 2025",
|
| 96 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/POSTAL-COURIER-LOGISTICS-COMMISSION-BILL.pdf",
|
| 97 |
-
"document_hash": "",
|
| 98 |
"asset_dir": "postal-courier-and-logistics-commission-bill-2025"
|
| 99 |
}
|
| 100 |
]
|
|
|
|
| 10 |
"id": "data-harmonisation-bill",
|
| 11 |
"title": "Data Harmonisation Bill",
|
| 12 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Data-Harmonisation-Bill.pdf",
|
| 13 |
+
"document_hash": "26d38c2c48ca6cbb77bb26c3ce4471193a0e5fa9f1892ad0a7bd7009c5a8e611",
|
| 14 |
"asset_dir": "data-harmonisation-bill"
|
| 15 |
},
|
| 16 |
{
|
| 17 |
"id": "data-protection-bill-2025",
|
| 18 |
"title": "Data Protection Bill, 2025",
|
| 19 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DATA-PROTECTION-BILL.pdf",
|
| 20 |
+
"document_hash": "3af9cf6163fa1a2b56ab784c8284d30aa12884b84503ff246915970692388f5b",
|
| 21 |
"asset_dir": "data-protection-bill-2025"
|
| 22 |
},
|
| 23 |
{
|
| 24 |
"id": "digital-economy-and-innovation-development-fund-bill-2025",
|
| 25 |
"title": "Digital Economy and Innovation Development Fund Bill, 2025",
|
| 26 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DIGITAL-ECONOMY-AND-INNOVATION-DEVELOPMENT-FUND-BILL.pdf",
|
| 27 |
+
"document_hash": "e04d70c81a9d5a896b62487fa760648ca2851821861ba0709b93e17d99d04de7",
|
| 28 |
"asset_dir": "digital-economy-and-innovation-development-fund-bill-2025"
|
| 29 |
},
|
| 30 |
{
|
| 31 |
"id": "electronic-communications-bill-2025",
|
| 32 |
"title": "Electronic Communications Bill, 2025",
|
| 33 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-Electronic-Communications-Bill-2025.pdf",
|
| 34 |
+
"document_hash": "4cc9148086157b670e0f049b40e1c8ba33ff8046a625bfc3e72250df6f5fe189",
|
| 35 |
"asset_dir": "electronic-communications-bill-2025"
|
| 36 |
},
|
| 37 |
{
|
| 38 |
"id": "electronic-transactions-bill-2025",
|
| 39 |
"title": "Electronic Transactions Bill, 2025",
|
| 40 |
"source_url": "https://nita.gov.gh/wp-content/uploads/2025/NITA-ETA-public-consultation-2025.pdf",
|
| 41 |
+
"document_hash": "bd90a4cffe2973adbb007e64b50ab9636e9bed68c7cc2f80370c74dacd689e4f",
|
| 42 |
"asset_dir": "electronic-transactions-bill-2025"
|
| 43 |
},
|
| 44 |
{
|
| 45 |
"id": "emerging-technologies-bill-2025",
|
| 46 |
"title": "Emerging Technologies Bill, 2025",
|
| 47 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MoCDTI-EMERGING-TECHNOLOGIES-DRAFT-BILL-2025-2.pdf",
|
| 48 |
+
"document_hash": "bc89d4f6cbc7703c6e4c31d90426cf4f0f93758b356a01f53316ca22f78ad6f2",
|
| 49 |
"asset_dir": "emerging-technologies-bill-2025"
|
| 50 |
},
|
| 51 |
{
|
| 52 |
"id": "ghana-domain-name-registry-bill-2025",
|
| 53 |
"title": "Ghana Domain Name Registry Bill, 2025",
|
| 54 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Ghana-Domain-Name-Registry-Bill.pdf",
|
| 55 |
+
"document_hash": "47e841def7d120f60d714e041b60d568767a59e8fdad42a7539211d880d59faa",
|
| 56 |
"asset_dir": "ghana-domain-name-registry-bill-2025"
|
| 57 |
},
|
| 58 |
{
|
| 59 |
"id": "ghana-meteorological-authority-bill-2025",
|
| 60 |
"title": "Ghana Meteorological Authority Bill, 2025",
|
| 61 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/GHANA-METEOROLOGICAL-AUTHORITY-BILL.pdf",
|
| 62 |
+
"document_hash": "9831d5cd4ffeb1ed54935b4879fe0c406f0b1410f0043a5acffa28201c742b23",
|
| 63 |
"asset_dir": "ghana-meteorological-authority-bill-2025"
|
| 64 |
},
|
| 65 |
{
|
| 66 |
"id": "kofi-annan-centre-of-excellence-in-ict-bill-2025",
|
| 67 |
"title": "Kofi Annan Centre of Excellence in ICT Bill, 2025",
|
| 68 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Kofi-Annan-Centre-of-Excellence-Bill.pdf",
|
| 69 |
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"document_hash": "bf3248fc38471b23b7fa3850e857e6c6501375025520cf1e590e25ce2945742b",
|
| 70 |
"asset_dir": "kofi-annan-centre-of-excellence-in-ict-bill-2025"
|
| 71 |
},
|
| 72 |
{
|
| 73 |
"id": "mdhi-bill-2025",
|
| 74 |
"title": "MDHI Bill, 2025",
|
| 75 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MISINFORMATION-DISINFORMATION-HATE-SPEECH-1.pdf",
|
| 76 |
+
"document_hash": "0768b32e1cfecb23ad05fcce3399bf5d07c00e4f43b92db5ee45518cc8f5b007",
|
| 77 |
"asset_dir": "mdhi-bill-2025"
|
| 78 |
},
|
| 79 |
{
|
| 80 |
"id": "national-communications-authority-bill-2025",
|
| 81 |
"title": "National Communications Authority Bill, 2025",
|
| 82 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-National-Communications-Authority-Bill-2025.pdf",
|
| 83 |
+
"document_hash": "dbf3d41cd71f893410ad6b839b348cacb86450c393416cb6fee74616769d7269",
|
| 84 |
"asset_dir": "national-communications-authority-bill-2025"
|
| 85 |
},
|
| 86 |
{
|
| 87 |
"id": "national-information-technology-authority-bill-2025",
|
| 88 |
"title": "National Information Technology Authority Bill, 2025",
|
| 89 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NITA-NATIONAL-INFORMATION-TECHNOLOGY-AUTHORITY-BILL_-10-07-25.pdf",
|
| 90 |
+
"document_hash": "53a5382035825b567b8f409c6e14933b48482f99fc59129470b8580a5e13a4a1",
|
| 91 |
"asset_dir": "national-information-technology-authority-bill-2025"
|
| 92 |
},
|
| 93 |
{
|
| 94 |
"id": "postal-courier-and-logistics-commission-bill-2025",
|
| 95 |
"title": "Postal, Courier and Logistics Commission Bill, 2025",
|
| 96 |
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/POSTAL-COURIER-LOGISTICS-COMMISSION-BILL.pdf",
|
| 97 |
+
"document_hash": "43e229099b5fa7424ae5ae6c60d3f6b84338d3b3b47d3c30e7a2348345c18f5b",
|
| 98 |
"asset_dir": "postal-courier-and-logistics-commission-bill-2025"
|
| 99 |
}
|
| 100 |
]
|
assets/example_bills/mdhi-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,84 @@
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|
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|
|
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|
|
|
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|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The MDHI Bill 2025 aims to combat misinformation, disinformation, hate speech, and unauthorized disclosure of private/confidential information. It establishes a centralized Division with powers to enforce rules, impose sanctions, and collaborate with existing bodies like the National Media Commission. The bill balances constitutional rights (free speech, privacy) against public interest, with strict liability rules for publishers and internet intermediaries. Key provisions include due diligence requirements for media/influencers, prohibitions on commercializing false info, and sanctions like content removal, fines, and account takedowns.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Regulates false information, hate speech, and unauthorized disclosure of private/confidential information",
|
| 5 |
+
"Establishes a Division with authority to enforce rules, impose sanctions, and collaborate with existing agencies",
|
| 6 |
+
"Balances constitutional rights (free speech, privacy) against public interest through proportionality tests",
|
| 7 |
+
"Imposes due diligence obligations on media, influencers, and internet intermediaries",
|
| 8 |
+
"Prohibits commercialization of false information and imposes liability for 'business misinformation'",
|
| 9 |
+
"Defines 'public interest' as a threshold for liability, including national security, public health, and electoral integrity",
|
| 10 |
+
"Creates specific rules for internet intermediaries (content moderation, algorithmic transparency)",
|
| 11 |
+
"Excludes children under 12 from liability but holds guardians accountable for their actions",
|
| 12 |
+
"Allows the Government and public institutions to enforce rights against misinformation targeting them"
|
| 13 |
+
],
|
| 14 |
+
"implementation": [
|
| 15 |
+
{
|
| 16 |
+
"stakeholder": "Internet intermediaries",
|
| 17 |
+
"obligation": "Moderate content, comply with removal orders, and restrict algorithmic amplification of harmful content",
|
| 18 |
+
"implementation_burden": "Significant compliance costs for content moderation, legal risks from overblocking, and technical challenges in algorithmic transparency",
|
| 19 |
+
"risk_or_note": "Potential overreach in content removals without clear judicial oversight"
|
| 20 |
+
},
|
| 21 |
+
{
|
| 22 |
+
"stakeholder": "Media houses/influencers",
|
| 23 |
+
"obligation": "Adhere to higher due diligence standards for factual accuracy in publications",
|
| 24 |
+
"implementation_burden": "Increased editorial costs and liability exposure for unverified claims",
|
| 25 |
+
"risk_or_note": "Risk of stifling legitimate criticism if 'due diligence' is interpreted narrowly"
|
| 26 |
+
},
|
| 27 |
+
{
|
| 28 |
+
"stakeholder": "Public institutions",
|
| 29 |
+
"obligation": "Cooperate with the Division's investigations and enforce compliance with directives",
|
| 30 |
+
"implementation_burden": "Administrative burden to track and report misinformation targeting them",
|
| 31 |
+
"risk_or_note": "Potential for misuse of enforcement powers against dissenting voices"
|
| 32 |
+
},
|
| 33 |
+
{
|
| 34 |
+
"stakeholder": "Startups/SMEs",
|
| 35 |
+
"obligation": "Comply with content moderation and due diligence requirements",
|
| 36 |
+
"implementation_burden": "High compliance costs for small platforms with limited resources",
|
| 37 |
+
"risk_or_note": "Risk of being forced to remove content without clear legal guidance"
|
| 38 |
+
}
|
| 39 |
+
],
|
| 40 |
+
"critique": [
|
| 41 |
+
{
|
| 42 |
+
"issue": "Vague definitions of 'misinformation' and 'disinformation'",
|
| 43 |
+
"why_it_matters": "Ambiguity could lead to overreach, chilling legitimate speech, and arbitrary enforcement",
|
| 44 |
+
"recommendation": "Include clear, objective criteria for distinguishing lawful speech from prohibited content"
|
| 45 |
+
},
|
| 46 |
+
{
|
| 47 |
+
"issue": "Lack of independent judicial oversight for the Division's decisions",
|
| 48 |
+
"why_it_matters": "Centralized authority risks political bias and lack of accountability",
|
| 49 |
+
"recommendation": "Establish an independent appellate body to review the Division's rulings"
|
| 50 |
+
},
|
| 51 |
+
{
|
| 52 |
+
"issue": "Broad 'public interest' standard for liability",
|
| 53 |
+
"why_it_matters": "Could be weaponized to suppress dissent or critical reporting",
|
| 54 |
+
"recommendation": "Define 'public interest' with specific, measurable criteria and judicial safeguards"
|
| 55 |
+
},
|
| 56 |
+
{
|
| 57 |
+
"issue": "No explicit protections for whistleblowers or investigative journalism",
|
| 58 |
+
"why_it_matters": "May deter reporting on corruption or misconduct",
|
| 59 |
+
"recommendation": "Include explicit exemptions for protected disclosures under whistleblower laws"
|
| 60 |
+
}
|
| 61 |
+
],
|
| 62 |
+
"swot": {
|
| 63 |
+
"strengths": [
|
| 64 |
+
"Comprehensive framework to address misinformation and hate speech",
|
| 65 |
+
"Clear sanctions (e.g., content removal, fines) to deter harmful behavior",
|
| 66 |
+
"Collaboration with existing agencies (e.g., National Media Commission)"
|
| 67 |
+
],
|
| 68 |
+
"weaknesses": [
|
| 69 |
+
"Risk of overbroad enforcement stifling free expression",
|
| 70 |
+
"Unclear appeal processes for affected parties",
|
| 71 |
+
"Potential for political misuse of 'public interest' provisions"
|
| 72 |
+
],
|
| 73 |
+
"opportunities": [
|
| 74 |
+
"Improved media literacy programs through the Division's outreach",
|
| 75 |
+
"Enhanced public trust in institutions through better information governance",
|
| 76 |
+
"Standardized content moderation practices for internet intermediaries"
|
| 77 |
+
],
|
| 78 |
+
"threats": [
|
| 79 |
+
"Suppression of legitimate criticism due to strict liability rules",
|
| 80 |
+
"High compliance costs for small businesses and startups",
|
| 81 |
+
"Centralization of power in the Division without sufficient checks"
|
| 82 |
+
]
|
| 83 |
+
}
|
| 84 |
+
}
|
assets/example_bills/mdhi-bill-2025/chunks.json
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
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assets/example_bills/mdhi-bill-2025/document.txt
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/mdhi-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:18:17.085957+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MISINFORMATION-DISINFORMATION-HATE-SPEECH-1.pdf",
|
| 6 |
+
"document_hash": "0768b32e1cfecb23ad05fcce3399bf5d07c00e4f43b92db5ee45518cc8f5b007",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/national-communications-authority-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,77 @@
|
|
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|
|
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|
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|
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|
|
|
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|
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|
|
|
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|
|
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|
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|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The National Communications Authority Bill, 2025 establishes a centralized regulatory body to oversee communication services, spectrum allocation, and broadcasting in Ghana. It aims to ensure quality service, fair competition, and compliance with national and international standards, while balancing consumer interests, innovation, and infrastructure development.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the National Communications Authority (NCA) as a corporate body to regulate, license, and monitor communication services.",
|
| 5 |
+
"Grants the NCA authority over spectrum, numbering, and orbital resources, with a mandate to enforce quality standards and promote competition.",
|
| 6 |
+
"Creates a Board of Directors with diverse expertise, including representation from security, media, and communications sectors, and mandates gender balance.",
|
| 7 |
+
"Outlines financial independence for the NCA, including tax exemptions, borrowing powers, and oversight of accounts by the Auditor-General.",
|
| 8 |
+
"Requires the NCA to issue guidelines, resolve disputes, and ensure compliance with universal access and local content policies.",
|
| 9 |
+
"Imposes transparency obligations on Board members, including disclosure of interests and public access to a register of interests.",
|
| 10 |
+
"Empowers the Minister to issue policy directives but limits their scope to non-technical matters, preserving the NCA's operational independence."
|
| 11 |
+
],
|
| 12 |
+
"implementation": [
|
| 13 |
+
{
|
| 14 |
+
"stakeholder": "Board of Directors",
|
| 15 |
+
"obligation": "Disclose registrable interests, avoid conflicts of interest, and ensure compliance with code of conduct.",
|
| 16 |
+
"implementation_burden": "Administrative burden of maintaining transparency and avoiding conflicts with private sector ties.",
|
| 17 |
+
"risk_or_note": "Risk of disqualification or revocation of appointment for non-compliance."
|
| 18 |
+
},
|
| 19 |
+
{
|
| 20 |
+
"stakeholder": "Communication service providers",
|
| 21 |
+
"obligation": "Comply with licensing requirements, quality of service standards, and dispute resolution processes.",
|
| 22 |
+
"implementation_burden": "Costs of adherence to regulations, potential delays in service approvals, and penalties for non-compliance.",
|
| 23 |
+
"risk_or_note": "Increased regulatory scrutiny and liability for service disruptions or consumer complaints."
|
| 24 |
+
},
|
| 25 |
+
{
|
| 26 |
+
"stakeholder": "National Communications Authority",
|
| 27 |
+
"obligation": "Maintain financial transparency, audit records, and public reports; enforce spectrum and licensing rules.",
|
| 28 |
+
"implementation_burden": "Resource-intensive oversight of a growing sector, potential conflicts in balancing industry interests and public welfare.",
|
| 29 |
+
"risk_or_note": "Risk of political interference despite independence provisions."
|
| 30 |
+
},
|
| 31 |
+
{
|
| 32 |
+
"stakeholder": "Consumers",
|
| 33 |
+
"obligation": "Report service issues or disputes to the NCA for resolution.",
|
| 34 |
+
"implementation_burden": "Dependence on NCA's effectiveness in addressing grievances and enforcing service quality.",
|
| 35 |
+
"risk_or_note": "Potential delays in dispute resolution if NCA lacks capacity or resources."
|
| 36 |
+
}
|
| 37 |
+
],
|
| 38 |
+
"critique": [
|
| 39 |
+
{
|
| 40 |
+
"issue": "Concentration of regulatory power in the Board of Directors with potential conflicts of interest.",
|
| 41 |
+
"why_it_matters": "Board members include representatives from sectors with commercial ties to the communications industry, risking biased decision-making.",
|
| 42 |
+
"recommendation": "Mandate stricter conflict-of-interest rules and independent verification of disclosures."
|
| 43 |
+
},
|
| 44 |
+
{
|
| 45 |
+
"issue": "Ambiguity in the Minister's policy directive authority.",
|
| 46 |
+
"why_it_matters": "The Minister can issue directives on 'matters of policy,' which may overlap with the NCA's operational functions, creating regulatory friction.",
|
| 47 |
+
"recommendation": "Clarify the scope of policy directives to ensure they do not encroach on technical or operational mandates."
|
| 48 |
+
},
|
| 49 |
+
{
|
| 50 |
+
"issue": "Lack of safeguards against regulatory overreach in dispute resolution.",
|
| 51 |
+
"why_it_matters": "The NCA can resolve disputes between providers and consumers, but no clear process is outlined for appeals or judicial oversight.",
|
| 52 |
+
"recommendation": "Establish an independent appeals mechanism or reference to existing judicial frameworks."
|
| 53 |
+
}
|
| 54 |
+
],
|
| 55 |
+
"swot": {
|
| 56 |
+
"strengths": [
|
| 57 |
+
"Centralized oversight ensures consistent regulation of a fragmented sector.",
|
| 58 |
+
"Mandate to promote universal access and local content supports inclusive growth.",
|
| 59 |
+
"Financial independence (tax exemptions, borrowing powers) enables long-term planning."
|
| 60 |
+
],
|
| 61 |
+
"weaknesses": [
|
| 62 |
+
"Board composition risks conflicts of interest due to industry representation.",
|
| 63 |
+
"Potential delays in dispute resolution due to reliance on NCA's internal processes.",
|
| 64 |
+
"Ambiguity in the balance between Ministerial policy directives and NCA autonomy."
|
| 65 |
+
],
|
| 66 |
+
"opportunities": [
|
| 67 |
+
"Streamlined licensing and spectrum allocation could attract foreign investment.",
|
| 68 |
+
"Focus on innovation and local R&D may position Ghana as a regional tech hub.",
|
| 69 |
+
"Universal service policies could expand digital access in rural areas."
|
| 70 |
+
],
|
| 71 |
+
"threats": [
|
| 72 |
+
"Regulatory capture if Board members prioritize industry interests over public welfare.",
|
| 73 |
+
"High compliance costs for SMEs and startups may stifle competition.",
|
| 74 |
+
"Political interference in NCA operations despite independence provisions."
|
| 75 |
+
]
|
| 76 |
+
}
|
| 77 |
+
}
|
assets/example_bills/national-communications-authority-bill-2025/chunks.json
ADDED
|
@@ -0,0 +1,29 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
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|
|
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|
|
|
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|
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|
|
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|
|
|
|
|
|
|
| 1 |
+
[
|
| 2 |
+
"1 1\nNATIONAL COMMUNICATION S AUTHORITY BILL , 2025\nARRANGEMENT OF SECTIONS\nSections\nNational Communication s Authority\n1. Establishment of the National Communication s Authority\n2. Object of the Authority\n3. Functions of the Authority\n4. Powers of the Authority\n5. Regulatory and best practices of the Authority\nGoverning body of the Authority\n6. Governing body of the Authority\n7. Functions of the Board of the Authority\n8. Duties and liabilities of members of the Board of the Authority\n9. Tenure of office of members of the Board of the A uthority\n10. Meetings of the Board of the Authority\n11. Disclosure of interest\n12. Declaration of registrable interest\n13. Establishment of committees\n14. Allowances\n15. Policy directives\n16. Independence of the Authority\nAdministrative Provisions\n17. Appointment of Director General and Deputy Director\n18. Functions of the Director General\n19. Secretary\n20. Appointment of other staff\n21. Offices, divisions, directorates, departments or units\n22. Internal Audit Unit\nFinancial Provisions\n23. Funds of the Authority\n24. Bank account of the Authority\n25. Expenses of the Authority\n26. Exemption from tax\n27. Borrowing powers\n28. Accounts and audit\n29. Annual report and other reports\nMiscellaneous Provisions\n30. Procedure for decision -making by the Authority\n31. Register of interests\n32. Code of conduct\n33. Application\n34. Regulations\n35. Interpretation\n36. Transitional provisions\n37. Repeal and savings\n2 2\nA BILL\nENTITLED\nNATIONAL COMMUNICATION S AUTHORITY ACT, 2025\nAN ACT to establish the National Communication s Authority to regulate, promote, and develop a\nnational framework for communication services; to provide for the licensing and certification of\nall spectrum and broadcasting activities; to enforce standards for communication activities; and\nto provide for related matters.\nDATE OF ASSENT:",
|
| 3 |
+
"AN ACT to establish the National Communication s Authority to regulate, promote, and develop a\nnational framework for communication services; to provide for the licensing and certification of\nall spectrum and broadcasting activities; to enforce standards for communication activities; and\nto provide for related matters.\nDATE OF ASSENT:\nPASSED by Parliament and assented to by the President\nNation al Communication s Authority\nEstablishment of the National Communication s Authority\n1. (1) There is established by this Act, the National Communication s Authority as a body corporate.\n(2) The Authority may, for the performance of its functions acquire and hold property, dispose\nof property and enter into a contract or any other related transaction.\n(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the\nAuthority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority.\nObject of the Authority\n2. The object of the Authority is to\n(a) regulate, coordinate, and promote the provision of communication services in the country;\n(b) regulate the use of radio frequency spectrum, orbital, numbering and any other resource for the\nprovision of communication and broadcasting services in the country in line with national\ndevelopment goals;\n(c) ensure the provision of quality communication s services and activities;\n(d) promote standards of efficiency and ensure high quality of service in the communication\necosystem ; and\n(e) coordinate the allocation, allotment, assignment, use, and management of orbital, numbering,\nspectrum and other resources that may be designated for electronic communications services.\nFunctions of the Authority\n3. (1) To achieve the object under section 2, the Authority shall:\n(a) develop, monitor and enforce the implementation of national communicatio ns standards",
|
| 4 |
+
"spectrum and other resources that may be designated for electronic communications services.\nFunctions of the Authority\n3. (1) To achieve the object under section 2, the Authority shall:\n(a) develop, monitor and enforce the implementation of national communicatio ns standards\nand ensure compliance accordingly;\n(b) formulate a strategic plan;\n(c) grant communication licences and authorisations for communication services and related\nactivities;\n(d) regulate and monitor licensees and holders of frequency a uthorisations;\n(e) ensure fair competition among licensees, operators of communication networks, and\nservice providers of communications;\n(f) classify communications and ancillary services and publish the classifications in the\nGazette;\n(g) det ermine applications for licences and authorisations for communication activities and\nresources;\n(h) maintain the Register established under section 31;\n(i) collect and arrange to be collected moneys lawfully due to the Authority;\n(j) plan, assi gn, regulate, and monitor the radio frequency spectrum;\n(k) investigate and resolve disputes\n3 3 (i) related to harmful interference with frequency brought to the attention of the Authority\nor of which the Authority has knowledge;\n(ii) to protect the inter ests of consumers or users of radio frequency spectrum for\ncommunication services and communication networks;\n(iii) among users and operators in respect of rates, billing, and services provided, and\nfacilitate relief where necessary;\n(iv) in the event of t he failure to obtain redress from providers of communication\nservices; and\n(v) in respect of interconnection, sharing facilities, and utility installations;\n(l) undertake inspections and approval of communications equipment, facilities, installations, and\nrelated activities;",
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"(iv) in the event of t he failure to obtain redress from providers of communication\nservices; and\n(v) in respect of interconnection, sharing facilities, and utility installations;\n(l) undertake inspections and approval of communications equipment, facilities, installations, and\nrelated activities;\n(m) exercise exclusive oversight jurisdiction over the regulation, allocation, and licensing of the\nradio frequency spectrum;\n(n) monitor compliance and enforce sanctions for breaches under this Act;\n(p) carry out investigations, on it s own initiative or upon request, into conduct that is in\ncontravention of this Act;\n(q) establish quality of service indicators and reporting requirements for operators and service\nproviders;\n(r) certify and ensure the testing of communications equipment for compliance with\n(i) national and international standards; and\n(ii) environmental, health and safety standards, including electromagnetic radiation and\nemissions;\n(s) ensure the systematic implementation of policy directives of the Minister and of natio nal\ncommunications policies;\n(t) obtain requisite information from any person for the performance of its functions;\n(u) when designated by the Minister, represent the Republic at international fora;\n(v) issue guidelines and standards from time to time;\n(w) support the implementation of the Universal Access Policy;\n(x) encourage high standards of propriety within the Authority and promote efficiency and\neffectiveness among its staff;\n(y) establish a policy and resource framework for the operation of the Authority in line with its\noverall strategic plan;\n(z) ensure compliance with principles of good corporate governance at all times;\n(aa) establish and manage a national numbering plan for network and application services;\n(bb) advise the Minister on:",
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| 6 |
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"overall strategic plan;\n(z) ensure compliance with principles of good corporate governance at all times;\n(aa) establish and manage a national numbering plan for network and application services;\n(bb) advise the Minister on:\n(i) m atters relating to the communications industry within the country and globally;\n(ii) policies, including incentives, that may promote investment and innovation in the\ncommunications industry in Ghana;\n(cc) promote targeted research and development in speci fic aspects of the communications\nindustry that align with the objects of the Authority, subject to available resources and oversight\nby the Authority; and\n(dd) perform any other function assigned to it under this Act or any other enactment, or that is\nancillary to the object of the Authority.\nPowers of the Authority\n4. The Authority may exercise the following powers:\n(a) enter into a contract for the supply of goods and services;\n(b) invest the funds of the Authority in accordance with the Public Financial Management Act;\n(c) publish information that is relevant to its functions and activities in a manner that it\nconsiders appropriate;\n(d) promote, and where necessary and within available resources, support the training of\n4 4 persons specific ally in the development, operation, and maintenance of communications\ninfrastructure, in collaboration with relevant public or private agencies; and\nRegulatory and Best Practice of the Authority\n5. The Authority shall, in the performance of its functions , have regard to:\n(a) the principles of transparency, accountability, proportionality, and consistency;\n(b) best regulatory practice;\n(c) the protection of the interests of consumers or users of communications networks or\ncommunications service s and, in particular, to the interests of consumer choice, quality of\nservice, and value for money;",
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| 7 |
+
"(b) best regulatory practice;\n(c) the protection of the interests of consumers or users of communications networks or\ncommunications service s and, in particular, to the interests of consumer choice, quality of\nservice, and value for money;\n(d) the impact on the environment of the activities undertaken by telecommunications service\nproviders and telecommunications network providers;\n(e) the promotion of innovation and competition, and the establishment of incentives to\nencourage local participation in the provision of communications services;\n(f) the various demands, interests, and uses of the electromagnetic spectrum;\n(g) the ne eds and interests of persons with disability, the elderly, low -income earners, and the\nvulnerable;\n(h) the opinions of consumers and members of the general public;\n(i) the interest of both rural and urban dwellers; and\n(j) any applicable intern ational standards and best practices, including International\nTelecommunication Union guidelines and such other regional or bilateral protocols ratified or\nadopted by the country.\nGovernance of the Authority\nGoverning body of the Authority\n6.(1) The governing body of the Authority is a Board of Directors consisting of\n(a) the chairperson\n(b) the Director -General appointed under section 18;\n(c) one representative of the\n(i) the National Security Council,\n(ii) the National Media Commission,\n(iii) Ministry respons ible for Communications, not below the rank of a director.\n(d) one person with experience and expertise in communications; and\n(e) three other persons each of whom has knowledge o r expertise in\ntelecommunication engineering, law, business or public administratio n.\n(2) At least two (2) members of the governing body of the Authority shall be women.",
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| 8 |
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"(e) three other persons each of whom has knowledge o r expertise in\ntelecommunication engineering, law, business or public administratio n.\n(2) At least two (2) members of the governing body of the Authority shall be women.\n(3) A person is not qualified for appointment if that person\n(a) is directly or indirectly involved in the management of; or\n(b) has a financial or commercial interest in a communic ations network operator, a\ncommunications service provider, a communications equipment manufacturer or\nsupplier either of whom operates within the country or outside the country or any\nother entity with an interest in the communications industry of this country.\n(4) The Board of the Authority shall ensure the proper and effective performance of the\nfunctions of the Authority\n(5) The President shall, in accordance with article 70 of the Constitution, appoint the\nchairperson and other members of the Board of th e Authority .\nFunctions of the Board of the Authority\n7. The Board of the Authority shall\n(a) exercise general oversight responsibility for the strategic direction of the Authority ;\n(b) ensure the achievement of the object of the Authority ; and\n(c) ensure the effective and efficient performance of the functions of the Authority .\nDuties and liabilities of a member of the Board of the Authority\n5 5 8. (1) A member of the Board of the Authority has the same fiduciary relationship with the\nAuthority and the same duty to act with loyalty and in good faith as a director of a company\nincorporated under the Companies Act, 2019 (Act 992).\n(2)Without limiting subsection (1), a member of the Board of the Authority has a duty",
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| 9 |
+
"Authority and the same duty to act with loyalty and in good faith as a director of a company\nincorporated under the Companies Act, 2019 (Act 992).\n(2)Without limiting subsection (1), a member of the Board of the Authority has a duty\n(a) to act honestly and in the best interest of the Authority in the performance of the functions of\nthe Authority ;\n(b) to exercise the degree of care and diligence in the performance of functions that a person in\nthat position would reasonably be expected to exercise in the circumstances;\n(c) not to disclose information acquired in the capacity of the member as a member of the Board\nof the Authority to any person or make use of that information, except in the performance of\nfunctions;\n(d) not to abuse the position of the off ice; and\n(e) not to pursue personal interests at the expense of the Authority .\n(3) A member of the Board of the Authority , other than the Director General, shall not participate\nin the day -to-day running of th e Authority.\n(4) A member of the Board is not p ersonally liable for damage or injury to a third party that arises\nin the execution of an official duty of that member, if the member at all material times acted in\ngood faith.\n(5) The Authority shall indemnify and hold harmless such a member against any legal costs,\nincluding attorney \u2019s fees, expenses, and liabilities reasonably incurred in connection with any legal\nproceedings instituted against the member in respect of acts done or purported to have been done\nin the performance of official duties, prov ided that the member acted in good faith and in the\ninterest of the Authority.",
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| 10 |
+
"including attorney \u2019s fees, expenses, and liabilities reasonably incurred in connection with any legal\nproceedings instituted against the member in respect of acts done or purported to have been done\nin the performance of official duties, prov ided that the member acted in good faith and in the\ninterest of the Authority.\n(6) Where a court determines that the Authority has suffered a loss or damage as a result of the\nact or omission of a member of the Board of the Authority , the court may, in add ition to imposing\na fine, order the member to pay appropriate compensation to the Authority .\nTenure of office of members of the Board of the Authority\n9. (1) A member of the Board of the Authority shall hold office for a period of four years and\nis eligib le for reappointment for another term only.\n(2) Subsection (1) does not apply to the Director General.\n(3) A member of the Board of the Authority may, at any time, resign from office in\nwriting, addressed to the President through the Minister.\n(4) A member of the Board of the Authority , other than the Director General, who is\nabsent from three consecutive meetings of the Board of the Authority without sufficient\ncause ceases to be a member of the Board of the Authority .\n(5) The President may, by let ter addressed to a member, revoke the appointment of that\nmember.\n(6) Where a member of the Board of the Authority is, for a sufficient reason unable to\nact as a member, the Minister shall determine whether the inability of the member to act\nwould result i n the declaration of a vacancy.\n(7) Where there is a vacancy",
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| 11 |
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"member.\n(6) Where a member of the Board of the Authority is, for a sufficient reason unable to\nact as a member, the Minister shall determine whether the inability of the member to act\nwould result i n the declaration of a vacancy.\n(7) Where there is a vacancy\n(a) under subsection (3), (4), (5), 1 1 (2) or 1 2(3) ; or\n(b) as a result of a declaration under subsection (6), or\n(c) by reason of the death of a member,\nthe Minister shall notify the President of the vacancy and the President shall appoint another person\nto fill the vacancy for the unexpired term.\n(d) Where the person is appointed to fill a vacancy, that person shall subject to\nthe provisions of this Act be eligible for re -appointment.\nMeetings of the Board of the Authority\n10. (1) The Board of the Authority shall meet at least once every three months for the conduct\nof business at a time and place determined by the chairperson.\n(2) The chairperson shall, at the request in writing of not less than one -third of the\nmembership of the Board of the Authority , convene an extraordinary meeting of the Board\nof the Authority at a time and place determined by the chairperson.\n(3) The quorum for a meeting of the Board of the Authority is four membe rs of the\nBoard or a greater number determined by the Board in respect of an important matter.\n(4) The chairperson shall preside at meetings of the Board of the Authority and in the\nabsence of the chairperson, a member of the Board of the Authority elected by the members\npresent from among their number shall preside.",
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"(4) The chairperson shall preside at meetings of the Board of the Authority and in the\nabsence of the chairperson, a member of the Board of the Authority elected by the members\npresent from among their number shall preside.\n6 6 (5) Matters before the Board of the Authority shall be decided by a majority of the\nmembers present and voting and in the event of an equality of votes, the person presiding\nshall have a castin g vote.\n(6) The Board of the Authority may co -opt a person to attend a meeting of the Board\nof the Authority but that person shall not vote on a matter for decision at the meeting.\n(7) The proceedings of the Board of the Authority shall not be invalidated by reason of\na vacancy among the members or a defect in the appointment or qualification of a member\n(8) Subject to this section, the Board of the Authority may determine the procedure for\nthe meeting of the Board of the Authority .\nDisclosure of interest\n11. (1) A member of the Board of the Authority who has an interest in a matter for consideration\n(a) shall disclose in writing the nature of that interest and the disclosure shall\nform part of the record of the consideration of th e matter; and\n(b) is disqualified from being present at or participating in the deliberations of\nthe Board of the Authority in respect of that matter.\n(2) A member ceases to be a member of the Board of the Authority if that member has\nan interest in a matt er before the Board of the Authority and\n(a) fails to disclose that interest; or\n(b) is present at or participates in the deliberations of the Board of the Authority\nin respect of that matter.",
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| 13 |
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"an interest in a matt er before the Board of the Authority and\n(a) fails to disclose that interest; or\n(b) is present at or participates in the deliberations of the Board of the Authority\nin respect of that matter.\n(3) Without limiting any further cause of action that may be in stituted against the\nmember, the Board of the Authority shall recover any benefit derived by a member who\ncontravenes subsection (1), in addition to the revocation of the appointment of the member.\nDeclaration of registrable interests\n12. (1) Each memb er of the Board shall, prior to taking office, submit to the Minister a written\ndeclaration of that member's registrable interest whether directly or indirectly owned by the\nmember.\n(2) A member of the Board shall inform the Authority of any change in respect of that member's\nregistrable interest from the date of the change.\n(3) A member who\n(a) without reasonable excuse fails to declare a registrable interest, or\n(b) knowingly makes a false declaration, contravenes subsections (1) and (2),\nceases to be a member of the Board and the appointment of the member to the Board shall\nbe revoked by the President\nEstablishment of committees\n13. (1) The Board of the Authority may establish committees consisting of members of the\nBoard of the Author ity, non -members, or both, to perform a function of the Board of the Authority .\n(2) A committee composed of members and non -members of the Board of the\nAuthority shall be chaired by a member of the Board of the Authority .",
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| 14 |
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"Board of the Author ity, non -members, or both, to perform a function of the Board of the Authority .\n(2) A committee composed of members and non -members of the Board of the\nAuthority shall be chaired by a member of the Board of the Authority .\n(3) Without limiting subsection (1 ), the Board of the Authority shall establish the\nfollowing committees:\n(a) Technical Committee;\n(b) Audit Committee; and\n(c) Risk Committee.\n(4) Subject to the Act, the Board of the Authority shall determine the composition and\nfunctions of the committees established under subsection (3).\n(5) Section 12 applies to a member of a committee of the Board .\nAllowance s\n14. A member of the Board of the Authority and members of a committee of the Board of the\nAuthority shall be paid allowances and other benefits approved by the Minister in consultation\nwith the Minister responsible for Finance.\nPolicy directives\n15. (1) The Minister may give written directives to the Board of the Authority on matters of\npolicy in line with the object and functions of the Authority and the Board of the Authority shall\ncomply in a manner consistent with the effective performance of the functions of the Authority.\n7 7 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct the\nAuthority on specific technical or operational matters in relation to the object and functions of the\nAuthority.\nIndependence of the Authority\n16. Except as otherwise provided in this Act, the Authori ty shall not be subject to the direction or\ncontrol of any person or authority in the exercise of its mandate and regulatory functions.\nAdministrative Provisions\nAppointment of Director General and Deputy Director General",
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| 15 |
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"Authority.\nIndependence of the Authority\n16. Except as otherwise provided in this Act, the Authori ty shall not be subject to the direction or\ncontrol of any person or authority in the exercise of its mandate and regulatory functions.\nAdministrative Provisions\nAppointment of Director General and Deputy Director General\n17. (1) The President shall, in accordance with article 195 of the Constitution, appoint a\nDirector -General and two Deputy Directors -General for the Authority.\n(2) The Director General and Deputy Director s-General shall hold office on the terms and\nconditions specified in the letters of appointment.\n(3) The Deputy Directors -General shall be responsible to the Director General in the\nperformance of their functions.\nFunctions of the Director -General\n18. (1) The Director General\n(a) is responsible for the day -to-day administration o f the affairs of the Authority ; and\n(b) shall ensure the implementation of the decisions of the Board of the Authority .\n(2) The Director -General may delegate a function to an officer of the Authority but shall\nnot be relieved of the ultimate responsibility for the performance of the delegated function.\nSecretary\n19. (1) The Presid ent shall, on the recommendation of the Board of the Authority , and in\naccordance with article 195 of the Constitution appoint an officer, not below the rank of a\nDeputy Director of the Authority, as Secretary of the Board of the Authority .\n(2) The Secretary shall hold office on the terms and conditions specified in the letter of\nappointment.\n(3)The Secretary shall\n(a) facilitate the efficient operation of the Authority's formal decision\nmaking and reporting processes ;\n(b) attend meetings of the Board ;",
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| 16 |
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"(2) The Secretary shall hold office on the terms and conditions specified in the letter of\nappointment.\n(3)The Secretary shall\n(a) facilitate the efficient operation of the Authority's formal decision\nmaking and reporting processes ;\n(b) attend meetings of the Board ;\n(c) record and keep the certified minutes of all meetings of the Board ;\n(d) collect, organise and distribute to members of the Board relevant\ninformation and documents for the purpose of meetings of the Board ;\n(e) advise the Board on matters related to memoranda and presentations for\nmeetings of the Board ; and\n(f) perform any other function determined by the Board or by the Director -\nGeneral.\nAppointment of other staff\n20. (1) The President shall, in accordance with article 195 of the Constitution, appoint other\nstaff of the Authority that are necessary for the effective and efficient performance of the functions\nof the Authority .\n(2) Other public officers may be transferred or seconded to the Authority or may\notherwise give assistance to the Authority .\n(3) The Authority may, for the effective and efficient performance of the functions of\nthe Authority, engage the services of advisors a nd consultants on the recommendations of\nthe Board of the Authority .\n(4) The Authority shall exercise control over the assignment, training and appropriate\ninduction of a person employed as an officer or staff of the Authority in accordance with\nthe Scheme of Service of the Authority.\nOffices, divisions, directorates, departments or units of the Authority\n21. The Authority may establish offices, divisions, directorates, departments or units of the\nAuthority as determined by the Board of the Authority for the effective and efficient performance\nof the functions of the Authority .\nInternal Audit Unit",
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"Offices, divisions, directorates, departments or units of the Authority\n21. The Authority may establish offices, divisions, directorates, departments or units of the\nAuthority as determined by the Board of the Authority for the effective and efficient performance\nof the functions of the Authority .\nInternal Audit Unit\n8 8 22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of the Public\nFinancial Management Act, 2016 (Act 921).\n(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in\naccordance with the Internal Audit Agency Act, 2003 (Act 658).\n(3) The Internal Auditor is responsible for the internal audit of the Authority .\n(4) The Internal Auditor sh all, subject to subsections (3) and (4) of section 16 of the Internal\nAudit Agency Act, 2003 (Act 658), at intervals of three months\n(a) prepare and submit to the Board of the Authority a report on the internal audit carried out\nduring the period of thre e months immediately preceding the preparation of the report; and\n(b) make recommendations in each report with respect to matters necessary for the conduct of\nthe affairs of the Authority .\n(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit\nAgency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the\nDirector General and the chairperson of the Board of the Authority .\nFinancial Provisions\nFunds of the Authority\n23. The funds of the Authority include\n(a) fees, charges or any other moneys payable under this Act, or any other enactment,\n(b) any moneys provided by Parliament,",
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| 18 |
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"Director General and the chairperson of the Board of the Authority .\nFinancial Provisions\nFunds of the Authority\n23. The funds of the Authority include\n(a) fees, charges or any other moneys payable under this Act, or any other enactment,\n(b) any moneys provided by Parliament,\n(c) donations, grants and gifts,\n(d) moneys derived from the investment of the Authority's funds, and\n(e) any other moneys tha t are approved by the Minister responsible for Finance.\nBank account of the Authority\n24. Moneys for the Authority shall be paid into a bank account opened for the purpose with\nthe approval of the Controller and Accountant -General.\nExpenses of the Authority\n25. The expenses of the Authority shall be charged on the funds of the Authority .\nExemption from tax\n26. Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), the\nAuthority is exempt from the payment of taxes that the Minis ter responsible for Finance\nmay, in writing, determine with the prior approval of Parliament.\nBorrowing powers\n27. (1) Subject to article 181 of the Constitution and section 76 of the Public Financial\nManagement Act, 2016 (Act 921), and with the prior consent in writing of the Minister, the\nAuthority may borrow money from a body corporate or any other person.\n(2) For the purposes of securing the money borrowed, the Authority may, with the prior\nconsent in writing of the Minister, mortgage, charge or pledge a right, title or an interest in\nany of the properties of the Authority .\nAccounts and audit\n28. (1) The Authority shall keep books, records, returns of account and other docum ents",
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"consent in writing of the Minister, mortgage, charge or pledge a right, title or an interest in\nany of the properties of the Authority .\nAccounts and audit\n28. (1) The Authority shall keep books, records, returns of account and other docum ents\nrelevant to the accounts in the form approved by the Auditor -General.\n(2) The Board of the Authority shall submit the accounts of the Authority to the Auditor -\nGeneral for audit at the end of the financ ial year.\n(3) The Auditor -General shall, within s ix months after the end of the immediately\npreceding financial year, audit the accounts of the Authority and forward a copy of the\nreport to the Minister and the Board of the Authority .\n(4) The financial year of the Authority shall be the same as the finan cial year of the\nGovernment.\nAnnual report and other reports\n29. (1) The Board of the Authority shall, within thirty days after the receipt of the audit report,\nsubmit an annual report to the Minister, covering the activities and operations of the\nAuthority for the year to which the report relates.\n(2) The annual report shall include\n9 9 (a) the report of the Auditor -General;\n(b) an assessment of the targets of the Authority ; and\n(c) a summary of challenges and feedback from stakeholders and recommendations to\nimprove the efficiency and effectiveness of the Authority .\n(3) The Minister shall, within thirty days after the receipt of the annual report, submit the\nreport to Parliament with a statement that the Minister considers necessary.\n(4) The Board of the Authority shall submit to the Minister any other report that the\nMinister may require in writing.\nMiscellaneous provisions\nProcedure for decision -making by the Authority",
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"report to Parliament with a statement that the Minister considers necessary.\n(4) The Board of the Authority shall submit to the Minister any other report that the\nMinister may require in writing.\nMiscellaneous provisions\nProcedure for decision -making by the Authority\n30. (1) In the exercise of its function under this Act and the Electronic Communications Act,\n2025 (Act \u2026) the Board shall\n(a)observe reasonable standards of procedural fairness ;\n(b)act timeously ; and\n(c )observe the rules of natural justice\nwhen making decisions that affect a person.\n(2)Without limiting subsection (1), the Board shall\n(a)publish a matter for decision in the Gazette as considered necessary or as required by\nthe Electronic Communications Act, 2025 (Act \u2026) prior to making a decision;\n(b)grant a person who is or is likely to be affected by a decision of the Board, an\noppo rtunity;\n(i) to make a submission to the Board,\n(ii)to be heard by the Board, or\n(iii) to consult with the Board in good faith, and\n(c) have regard to evidence adduced and matters contained in a submission made or\nreceived in the course of any consultati on.\n(d)Where the Board makes a decision, it shall\n(i)state in writing the reasons for the decision; and\n(ii)provide in accordance with its procedure; notification of the decision to the relevant\npersons.\n(3) The Board may, on application or on its own motion, review, rescind or vary a decision\nmade by it or hear a matter again before rendering a decision.\nRegister of interests",
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"(ii)provide in accordance with its procedure; notification of the decision to the relevant\npersons.\n(3) The Board may, on application or on its own motion, review, rescind or vary a decision\nmade by it or hear a matter again before rendering a decision.\nRegister of interests\n31(1) The Director -General shall cause to be kept and maintained a Register in which shall be\nrecorded details of\n(a) any share or debenture owned by a member of the Board;\n(b) other financial interests a member of the Board has in a corporate body;\n(c) any public or charitable appointment or directorship held by a member; and\n(d) any other matter required to be registered.\n(2) The Register shall be publicly accessible, in both physical and electronic form.\n(3)The Register shall be open to the public for physical inspection during normal working\nhours and subject to the payment of a fee determined by the Authority.\n(4) A person may\n(a) make a copy of the content of the Register, or\n(b) take an extract from the Register,\nat the fee that the Authority may determine.\nCode of conduct\n32. (1) The Board shall establish within one year of the commencement of this Act, a code of\nconduct for members of the Board, staff and persons whose services the Authority engages.\n(2) The Authority shall revise the code of conduct from time to time having regard to the\nchanging regulatory objectives in the communications industry.\nApplication\n33.This Act binds the Republic.\n10 10 Regulations\n34. The Minister may, on the advice of the Board by legislative instrument make Regulations\nto\n(a) provide for the forms for applications;",
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"changing regulatory objectives in the communications industry.\nApplication\n33.This Act binds the Republic.\n10 10 Regulations\n34. The Minister may, on the advice of the Board by legislative instrument make Regulations\nto\n(a) provide for the forms for applications;\n(b) prescribe requirements for authorisations and licences;\n(c) prescribe that all new telecom -related services involving the processing of personal\ndata, including AI -powered customer service applications, shall be subject to pre -\nlicensing approva l following a joint evaluation by the National Communications\nAuthority and the Data Protection Commission;\n(d) prescribe conditions for interconnection of communication systems;\n(e) provide procedures for the implementation of a system of universal service\nprovision including the quality of service standards;\n(f) provide procedures for the use of\n(i) network facilities,\n(ii) network services,\n(iii) application services,\n(iv) content application services,\n(g) provide procedures for an integrated framework for robust, multi -hazard emergency\ncommunications on the declaration of an emergency in accordance with law; and\n(h) provide for local content and local equity participation in the provision of\ncommunication services ;\n(i) provide for any other matter necessary for the effective implementation of the\nprovisions of this Act.\nInterpretation\n35. In this Act, unless the context 'otherwise requires\n\"Authority\" means the National Communications Authority established under section 1;\n\u201cApplication \u201d means any software -based mechanism, digital platform, or computer\nprogram that is designed to:\n(a) process and transmit information or execute functions , including but not\nlimited to processing, storing, displaying, or transmitting data or communications\nthat are delivered to end users\n(b) enable interactive or content -based functionality or provide interactive",
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"program that is designed to:\n(a) process and transmit information or execute functions , including but not\nlimited to processing, storing, displaying, or transmitting data or communications\nthat are delivered to end users\n(b) enable interactive or content -based functionality or provide interactive\nservices, facilitate user engagement or offer content enhancements such as\nmultimedia, informational or entertainment features in conjunction with\ntelecommunications network\n(c) operate via digital or telecommunicatio n infrastructure or be deployed on,\nor function over, networks that include traditional telecommunications or internet -\nbased systems, thereby complementing or augmenting core voice, messaging , or\ndata transmission services\n\u201cApplication services \u201d means\n\"Board\" means the governing body of the Authority established under section 6;\n\u201cCommunication ecosystem \u201d means the interconnected network of individuals,\norganizations, technologies, and information flows that shape how messages are\nproduced, disseminated, and received within a specific context.\n\"communications network\" means a communications network used to provide a\ncommunications service;\n\"communications operator\" means a person authorised or licen sed under this Act to\noperate a communications network;\n\u201cCommunication services \u201d means the transmission, conveyance, or routing of voice,\ndata, text, sound, images, video, signals, signs, intelligence or any other information by\nwire, radio, optical, electromagnetic systems, or other means. This includes but n ot\nlimited to services such as telephone services, mobile cellular services, internet access,\nbroadcasting, satellite services, and any related ancillary services\n\"communications supplier\" means a person authorised or licen sed\nunder this Act to provide com munications service;\n\u201cLicence\u201d means\n\"Minister\" means the Minister responsible for Communications;",
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| 24 |
+
"broadcasting, satellite services, and any related ancillary services\n\"communications supplier\" means a person authorised or licen sed\nunder this Act to provide com munications service;\n\u201cLicence\u201d means\n\"Minister\" means the Minister responsible for Communications;\n11 11 \"operator\" means a person licensed under the Electronic Communications Act, 2025\n(Act \u2026) to operate a public communications network;\n\"registrable interest\" means an interest required to be registered in accordance with this\nAct; .\n\"service provider\" means a person licensed under this Act to provide a public\ncommunications service;\n\"Universal Access Policy\" means the eligibility of\n(a) a person licensed under the Electronic\nCommunications Act, 2025\ncommunications network; and (Act \u2026) to operate\n(b) a person licensed under the Electronic\nCommunications Act, 2025 (Act \u2026) to provide a communications service;\nand\n\"user\" means a customer or subscriber of a communications network or a\ncommunications or broadcasting service and includes a customer that is an\noperator of a communications network and a customer that is a provider of a\ncommunications service.\nTransitional provis ions\n36. (1) The rights, assets and liabilities accrued in respect of the properties vested in the\nAuthority established under the National Communications Authority Act 2008 (Act 769)\nimmediately before the commencement of this Act and the persons emplo yed by the Authority\nshall be transferred to the Authority established under this Act and accordingly proceedings taken\nby or against the former Authority may be continued by or against the Authority.\n(2) A contract subsisting between the former Authori ty established under the National\nCommunications Authority, 2008 (Act 679) and another person and in effect immediately before",
|
| 25 |
+
"by or against the former Authority may be continued by or against the Authority.\n(2) A contract subsisting between the former Authori ty established under the National\nCommunications Authority, 2008 (Act 679) and another person and in effect immediately before\nthe commencement of this Act shall subsist between the Authority under this Act and that other\nperson.\nRepeal and savings\n37. (1) The National Communications Authority Act, 2008 (Act 769) is hereby repealed.\n(2) Despite the repeal of Act 769 any licence, frequency, authorisation, Regulation, notice,\norder, direction, appointment or any other act lawfully made or done under the repealed enactment\nand in force immediately before the commencement of this Act shall be considered to have been\nmade or done under this Act and shall continue to have effect until reviewed, cancelled or\nterminated.\nSCHEDULE\nFORM AND CONTENT OF A NNUAL REPORT\n(Section 2 9)\nRef. Part of Report Description\n1 Table of contents\n2 Index\n3 Glossary\n4 Contact officer(s)\n5 Internet home page address and Internet address for report\n6 Review by the Board Review by the board\n6.1 Overview description of Authority\n6.2\nRole and functions Summary of significant issues and de -\nvelopment\n6.3 Organisational structure\n6.4 Overview of the Authority's performance and financial results\n6.5 Significant issues and development\n6.6 Outlook for the following year\n7 Report on Policy Review of adherence and implementation of policy objec -\n12 12 Objectives tives and measurements of achievement in period.\n8\nReport on Performance Review of performance during the year in relation to out - puts\nand contribution to outcomes\n8.1\nActual performance in relation to performance targets set in\nthe preceding year\n8.2",
|
| 26 |
+
"12 12 Objectives tives and measurements of achievement in period.\n8\nReport on Performance Review of performance during the year in relation to out - puts\nand contribution to outcomes\n8.1\nActual performance in relation to performance targets set in\nthe preceding year\n8.2\nWhere performance targets differ from those set in the pre -\nceding year details of both former and new targets, and reason\nfor the change\n8.3 Narrative discussion and analysis of performance\n8.4 Trend information\n8.5\nFactors, events or trends influencing the Authority's per -\nformance\n8.6 Significant changes in nature of principal functions/services\n8.7\nPerformance against service charter customer service stan - dards,\ncomplaints data, and the Authority's response to complainsts\n8.8 Social justice and equity impacts\n8.9\nDiscussion and ananlysis of the Authority's financial per -\nformance\n8.10 Discussion of any significant changes from the prior year or\nfrom budget\nRef. Part of Report Description\n8.11 Summary of resource tables by outcomes\n8.12\nDevelopments since the end of the financial year\nthat have affected or may significantly affect the\nAuthority' s operations or financial results in future\n9 Interconnection Number of interconnection agreements submitted to\nthe\nAgreements Authority's and the names of parties to the\nAgreements\n10 Licences and Applications for licences received and number of Ii\ncenses granted and names of beneficiaries, license\nrevoked or suspended.\nAuthorisations\n11 Numbers issued\n12 Frequencies issued\n13\n14\nFees collected\nManagement Accountability\n15\nCorporate Governance\nStatement of the main corporate governance\npractice in place\n15.1 Names of the senior executives and their\nresponsibilities\n15.2 Senior management committees and their roles\n15.3\nBoard Committees established or in existence and\ntheir roles\n15.4",
|
| 27 |
+
"11 Numbers issued\n12 Frequencies issued\n13\n14\nFees collected\nManagement Accountability\n15\nCorporate Governance\nStatement of the main corporate governance\npractice in place\n15.1 Names of the senior executives and their\nresponsibilities\n15.2 Senior management committees and their roles\n15.3\nBoard Committees established or in existence and\ntheir roles\n15.4\nCorporate and operational planning and associated\nperformance reporting and review\n13 13 15.5\nApproach adapted to identifying areas of significant\nfinancial or operational risk and arrangements in\nplace to manage risks\n15.6 Certification of fraud measures in place\n15.7\nPolicy and practices and the establishment and\nmaintenance of appropriate ethical standards\n15.8\nHow nature and amount of remuneration far senior\nexecutive service employees is determined\nCode of conduct far directors any change\n16 External Scrutiny Significant developments in external scrutiny\n16.1\nJudicial decisions and decisions of the\nTelecornmunications Tribunal\n16.2\nReports by the Auditor -General, Parliamentary\nCommittee or other competent government body\nRef. Part of Report Description\n17 Management of Human Assessment of effectiveness in managing and\ndeveloping human resources to achieve, staff\nturnover and\nResources retention\n17.1 Workforce planning, staff turnover and retention\n17.2\nTraining and development undertaken and their im -\npact\n17.3 Occupational health and safety performance\n17.4 Productivity gains\n17.5 Statistics on staffing\n17.6 Performance pay\n18 Purchasing Assessment of purchasing against core policies and\n19 principles\nAssets management Assessment of effectiveness of assets management\n20\nConsultants and Competitive\nTendering Number and nature of consultancy services and con -\nand Contracting tracts and total expenditure on consultancy services.\n20.1\nCompetitive tendering and contracting contracts\nawarded and outcomes\n20.2\nFor all contracts indication of how the provisions\nof the Public Procurement Act were followed.\n21 Providing access to Report on performance in implementing the Disability",
|
| 28 |
+
"and Contracting tracts and total expenditure on consultancy services.\n20.1\nCompetitive tendering and contracting contracts\nawarded and outcomes\n20.2\nFor all contracts indication of how the provisions\nof the Public Procurement Act were followed.\n21 Providing access to Report on performance in implementing the Disability\npeople with disabilities Strategy or ensuring compliance with the Disability\nAct.\n22 Financial Stat ements Audited Financial Statements\n23 Other Information\n23.1 Occupational health and safety\n23.2 Freedom of Information\n23.3 Advertising and Market Research\n23.4\nEcologically sustainable development and\nenvironmental performance\n24\nResearch sponsored and effect\nHuman Resource Capacity holding initiatives and\noutcomes\nOther Discretionary Grants\n24.1 Correction of material errors in previous annual\nreport\n*Date of Gazette"
|
| 29 |
+
]
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| 1 |
+
1 1
|
| 2 |
+
NATIONAL COMMUNICATION S AUTHORITY BILL , 2025
|
| 3 |
+
ARRANGEMENT OF SECTIONS
|
| 4 |
+
Sections
|
| 5 |
+
National Communication s Authority
|
| 6 |
+
1. Establishment of the National Communication s Authority
|
| 7 |
+
2. Object of the Authority
|
| 8 |
+
3. Functions of the Authority
|
| 9 |
+
4. Powers of the Authority
|
| 10 |
+
5. Regulatory and best practices of the Authority
|
| 11 |
+
Governing body of the Authority
|
| 12 |
+
6. Governing body of the Authority
|
| 13 |
+
7. Functions of the Board of the Authority
|
| 14 |
+
8. Duties and liabilities of members of the Board of the Authority
|
| 15 |
+
9. Tenure of office of members of the Board of the A uthority
|
| 16 |
+
10. Meetings of the Board of the Authority
|
| 17 |
+
11. Disclosure of interest
|
| 18 |
+
12. Declaration of registrable interest
|
| 19 |
+
13. Establishment of committees
|
| 20 |
+
14. Allowances
|
| 21 |
+
15. Policy directives
|
| 22 |
+
16. Independence of the Authority
|
| 23 |
+
Administrative Provisions
|
| 24 |
+
17. Appointment of Director General and Deputy Director
|
| 25 |
+
18. Functions of the Director General
|
| 26 |
+
19. Secretary
|
| 27 |
+
20. Appointment of other staff
|
| 28 |
+
21. Offices, divisions, directorates, departments or units
|
| 29 |
+
22. Internal Audit Unit
|
| 30 |
+
Financial Provisions
|
| 31 |
+
23. Funds of the Authority
|
| 32 |
+
24. Bank account of the Authority
|
| 33 |
+
25. Expenses of the Authority
|
| 34 |
+
26. Exemption from tax
|
| 35 |
+
27. Borrowing powers
|
| 36 |
+
28. Accounts and audit
|
| 37 |
+
29. Annual report and other reports
|
| 38 |
+
Miscellaneous Provisions
|
| 39 |
+
30. Procedure for decision -making by the Authority
|
| 40 |
+
31. Register of interests
|
| 41 |
+
32. Code of conduct
|
| 42 |
+
33. Application
|
| 43 |
+
34. Regulations
|
| 44 |
+
35. Interpretation
|
| 45 |
+
36. Transitional provisions
|
| 46 |
+
37. Repeal and savings
|
| 47 |
+
2 2
|
| 48 |
+
A BILL
|
| 49 |
+
ENTITLED
|
| 50 |
+
NATIONAL COMMUNICATION S AUTHORITY ACT, 2025
|
| 51 |
+
AN ACT to establish the National Communication s Authority to regulate, promote, and develop a
|
| 52 |
+
national framework for communication services; to provide for the licensing and certification of
|
| 53 |
+
all spectrum and broadcasting activities; to enforce standards for communication activities; and
|
| 54 |
+
to provide for related matters.
|
| 55 |
+
DATE OF ASSENT:
|
| 56 |
+
PASSED by Parliament and assented to by the President
|
| 57 |
+
Nation al Communication s Authority
|
| 58 |
+
Establishment of the National Communication s Authority
|
| 59 |
+
1. (1) There is established by this Act, the National Communication s Authority as a body corporate.
|
| 60 |
+
(2) The Authority may, for the performance of its functions acquire and hold property, dispose
|
| 61 |
+
of property and enter into a contract or any other related transaction.
|
| 62 |
+
(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the
|
| 63 |
+
Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority.
|
| 64 |
+
Object of the Authority
|
| 65 |
+
2. The object of the Authority is to
|
| 66 |
+
(a) regulate, coordinate, and promote the provision of communication services in the country;
|
| 67 |
+
(b) regulate the use of radio frequency spectrum, orbital, numbering and any other resource for the
|
| 68 |
+
provision of communication and broadcasting services in the country in line with national
|
| 69 |
+
development goals;
|
| 70 |
+
(c) ensure the provision of quality communication s services and activities;
|
| 71 |
+
(d) promote standards of efficiency and ensure high quality of service in the communication
|
| 72 |
+
ecosystem ; and
|
| 73 |
+
(e) coordinate the allocation, allotment, assignment, use, and management of orbital, numbering,
|
| 74 |
+
spectrum and other resources that may be designated for electronic communications services.
|
| 75 |
+
Functions of the Authority
|
| 76 |
+
3. (1) To achieve the object under section 2, the Authority shall:
|
| 77 |
+
(a) develop, monitor and enforce the implementation of national communicatio ns standards
|
| 78 |
+
and ensure compliance accordingly;
|
| 79 |
+
(b) formulate a strategic plan;
|
| 80 |
+
(c) grant communication licences and authorisations for communication services and related
|
| 81 |
+
activities;
|
| 82 |
+
(d) regulate and monitor licensees and holders of frequency a uthorisations;
|
| 83 |
+
(e) ensure fair competition among licensees, operators of communication networks, and
|
| 84 |
+
service providers of communications;
|
| 85 |
+
(f) classify communications and ancillary services and publish the classifications in the
|
| 86 |
+
Gazette;
|
| 87 |
+
(g) det ermine applications for licences and authorisations for communication activities and
|
| 88 |
+
resources;
|
| 89 |
+
(h) maintain the Register established under section 31;
|
| 90 |
+
(i) collect and arrange to be collected moneys lawfully due to the Authority;
|
| 91 |
+
(j) plan, assi gn, regulate, and monitor the radio frequency spectrum;
|
| 92 |
+
(k) investigate and resolve disputes
|
| 93 |
+
3 3 (i) related to harmful interference with frequency brought to the attention of the Authority
|
| 94 |
+
or of which the Authority has knowledge;
|
| 95 |
+
(ii) to protect the inter ests of consumers or users of radio frequency spectrum for
|
| 96 |
+
communication services and communication networks;
|
| 97 |
+
(iii) among users and operators in respect of rates, billing, and services provided, and
|
| 98 |
+
facilitate relief where necessary;
|
| 99 |
+
(iv) in the event of t he failure to obtain redress from providers of communication
|
| 100 |
+
services; and
|
| 101 |
+
(v) in respect of interconnection, sharing facilities, and utility installations;
|
| 102 |
+
(l) undertake inspections and approval of communications equipment, facilities, installations, and
|
| 103 |
+
related activities;
|
| 104 |
+
(m) exercise exclusive oversight jurisdiction over the regulation, allocation, and licensing of the
|
| 105 |
+
radio frequency spectrum;
|
| 106 |
+
(n) monitor compliance and enforce sanctions for breaches under this Act;
|
| 107 |
+
(p) carry out investigations, on it s own initiative or upon request, into conduct that is in
|
| 108 |
+
contravention of this Act;
|
| 109 |
+
(q) establish quality of service indicators and reporting requirements for operators and service
|
| 110 |
+
providers;
|
| 111 |
+
(r) certify and ensure the testing of communications equipment for compliance with
|
| 112 |
+
(i) national and international standards; and
|
| 113 |
+
(ii) environmental, health and safety standards, including electromagnetic radiation and
|
| 114 |
+
emissions;
|
| 115 |
+
(s) ensure the systematic implementation of policy directives of the Minister and of natio nal
|
| 116 |
+
communications policies;
|
| 117 |
+
(t) obtain requisite information from any person for the performance of its functions;
|
| 118 |
+
(u) when designated by the Minister, represent the Republic at international fora;
|
| 119 |
+
(v) issue guidelines and standards from time to time;
|
| 120 |
+
(w) support the implementation of the Universal Access Policy;
|
| 121 |
+
(x) encourage high standards of propriety within the Authority and promote efficiency and
|
| 122 |
+
effectiveness among its staff;
|
| 123 |
+
(y) establish a policy and resource framework for the operation of the Authority in line with its
|
| 124 |
+
overall strategic plan;
|
| 125 |
+
(z) ensure compliance with principles of good corporate governance at all times;
|
| 126 |
+
(aa) establish and manage a national numbering plan for network and application services;
|
| 127 |
+
(bb) advise the Minister on:
|
| 128 |
+
(i) m atters relating to the communications industry within the country and globally;
|
| 129 |
+
(ii) policies, including incentives, that may promote investment and innovation in the
|
| 130 |
+
communications industry in Ghana;
|
| 131 |
+
(cc) promote targeted research and development in speci fic aspects of the communications
|
| 132 |
+
industry that align with the objects of the Authority, subject to available resources and oversight
|
| 133 |
+
by the Authority; and
|
| 134 |
+
(dd) perform any other function assigned to it under this Act or any other enactment, or that is
|
| 135 |
+
ancillary to the object of the Authority.
|
| 136 |
+
Powers of the Authority
|
| 137 |
+
4. The Authority may exercise the following powers:
|
| 138 |
+
(a) enter into a contract for the supply of goods and services;
|
| 139 |
+
(b) invest the funds of the Authority in accordance with the Public Financial Management Act;
|
| 140 |
+
(c) publish information that is relevant to its functions and activities in a manner that it
|
| 141 |
+
considers appropriate;
|
| 142 |
+
(d) promote, and where necessary and within available resources, support the training of
|
| 143 |
+
4 4 persons specific ally in the development, operation, and maintenance of communications
|
| 144 |
+
infrastructure, in collaboration with relevant public or private agencies; and
|
| 145 |
+
Regulatory and Best Practice of the Authority
|
| 146 |
+
5. The Authority shall, in the performance of its functions , have regard to:
|
| 147 |
+
(a) the principles of transparency, accountability, proportionality, and consistency;
|
| 148 |
+
(b) best regulatory practice;
|
| 149 |
+
(c) the protection of the interests of consumers or users of communications networks or
|
| 150 |
+
communications service s and, in particular, to the interests of consumer choice, quality of
|
| 151 |
+
service, and value for money;
|
| 152 |
+
(d) the impact on the environment of the activities undertaken by telecommunications service
|
| 153 |
+
providers and telecommunications network providers;
|
| 154 |
+
(e) the promotion of innovation and competition, and the establishment of incentives to
|
| 155 |
+
encourage local participation in the provision of communications services;
|
| 156 |
+
(f) the various demands, interests, and uses of the electromagnetic spectrum;
|
| 157 |
+
(g) the ne eds and interests of persons with disability, the elderly, low -income earners, and the
|
| 158 |
+
vulnerable;
|
| 159 |
+
(h) the opinions of consumers and members of the general public;
|
| 160 |
+
(i) the interest of both rural and urban dwellers; and
|
| 161 |
+
(j) any applicable intern ational standards and best practices, including International
|
| 162 |
+
Telecommunication Union guidelines and such other regional or bilateral protocols ratified or
|
| 163 |
+
adopted by the country.
|
| 164 |
+
Governance of the Authority
|
| 165 |
+
Governing body of the Authority
|
| 166 |
+
6.(1) The governing body of the Authority is a Board of Directors consisting of
|
| 167 |
+
(a) the chairperson
|
| 168 |
+
(b) the Director -General appointed under section 18;
|
| 169 |
+
(c) one representative of the
|
| 170 |
+
(i) the National Security Council,
|
| 171 |
+
(ii) the National Media Commission,
|
| 172 |
+
(iii) Ministry respons ible for Communications, not below the rank of a director.
|
| 173 |
+
(d) one person with experience and expertise in communications; and
|
| 174 |
+
(e) three other persons each of whom has knowledge o r expertise in
|
| 175 |
+
telecommunication engineering, law, business or public administratio n.
|
| 176 |
+
(2) At least two (2) members of the governing body of the Authority shall be women.
|
| 177 |
+
(3) A person is not qualified for appointment if that person
|
| 178 |
+
(a) is directly or indirectly involved in the management of; or
|
| 179 |
+
(b) has a financial or commercial interest in a communic ations network operator, a
|
| 180 |
+
communications service provider, a communications equipment manufacturer or
|
| 181 |
+
supplier either of whom operates within the country or outside the country or any
|
| 182 |
+
other entity with an interest in the communications industry of this country.
|
| 183 |
+
(4) The Board of the Authority shall ensure the proper and effective performance of the
|
| 184 |
+
functions of the Authority
|
| 185 |
+
(5) The President shall, in accordance with article 70 of the Constitution, appoint the
|
| 186 |
+
chairperson and other members of the Board of th e Authority .
|
| 187 |
+
Functions of the Board of the Authority
|
| 188 |
+
7. The Board of the Authority shall
|
| 189 |
+
(a) exercise general oversight responsibility for the strategic direction of the Authority ;
|
| 190 |
+
(b) ensure the achievement of the object of the Authority ; and
|
| 191 |
+
(c) ensure the effective and efficient performance of the functions of the Authority .
|
| 192 |
+
Duties and liabilities of a member of the Board of the Authority
|
| 193 |
+
5 5 8. (1) A member of the Board of the Authority has the same fiduciary relationship with the
|
| 194 |
+
Authority and the same duty to act with loyalty and in good faith as a director of a company
|
| 195 |
+
incorporated under the Companies Act, 2019 (Act 992).
|
| 196 |
+
(2)Without limiting subsection (1), a member of the Board of the Authority has a duty
|
| 197 |
+
(a) to act honestly and in the best interest of the Authority in the performance of the functions of
|
| 198 |
+
the Authority ;
|
| 199 |
+
(b) to exercise the degree of care and diligence in the performance of functions that a person in
|
| 200 |
+
that position would reasonably be expected to exercise in the circumstances;
|
| 201 |
+
(c) not to disclose information acquired in the capacity of the member as a member of the Board
|
| 202 |
+
of the Authority to any person or make use of that information, except in the performance of
|
| 203 |
+
functions;
|
| 204 |
+
(d) not to abuse the position of the off ice; and
|
| 205 |
+
(e) not to pursue personal interests at the expense of the Authority .
|
| 206 |
+
(3) A member of the Board of the Authority , other than the Director General, shall not participate
|
| 207 |
+
in the day -to-day running of th e Authority.
|
| 208 |
+
(4) A member of the Board is not p ersonally liable for damage or injury to a third party that arises
|
| 209 |
+
in the execution of an official duty of that member, if the member at all material times acted in
|
| 210 |
+
good faith.
|
| 211 |
+
(5) The Authority shall indemnify and hold harmless such a member against any legal costs,
|
| 212 |
+
including attorney ’s fees, expenses, and liabilities reasonably incurred in connection with any legal
|
| 213 |
+
proceedings instituted against the member in respect of acts done or purported to have been done
|
| 214 |
+
in the performance of official duties, prov ided that the member acted in good faith and in the
|
| 215 |
+
interest of the Authority.
|
| 216 |
+
(6) Where a court determines that the Authority has suffered a loss or damage as a result of the
|
| 217 |
+
act or omission of a member of the Board of the Authority , the court may, in add ition to imposing
|
| 218 |
+
a fine, order the member to pay appropriate compensation to the Authority .
|
| 219 |
+
Tenure of office of members of the Board of the Authority
|
| 220 |
+
9. (1) A member of the Board of the Authority shall hold office for a period of four years and
|
| 221 |
+
is eligib le for reappointment for another term only.
|
| 222 |
+
(2) Subsection (1) does not apply to the Director General.
|
| 223 |
+
(3) A member of the Board of the Authority may, at any time, resign from office in
|
| 224 |
+
writing, addressed to the President through the Minister.
|
| 225 |
+
(4) A member of the Board of the Authority , other than the Director General, who is
|
| 226 |
+
absent from three consecutive meetings of the Board of the Authority without sufficient
|
| 227 |
+
cause ceases to be a member of the Board of the Authority .
|
| 228 |
+
(5) The President may, by let ter addressed to a member, revoke the appointment of that
|
| 229 |
+
member.
|
| 230 |
+
(6) Where a member of the Board of the Authority is, for a sufficient reason unable to
|
| 231 |
+
act as a member, the Minister shall determine whether the inability of the member to act
|
| 232 |
+
would result i n the declaration of a vacancy.
|
| 233 |
+
(7) Where there is a vacancy
|
| 234 |
+
(a) under subsection (3), (4), (5), 1 1 (2) or 1 2(3) ; or
|
| 235 |
+
(b) as a result of a declaration under subsection (6), or
|
| 236 |
+
(c) by reason of the death of a member,
|
| 237 |
+
the Minister shall notify the President of the vacancy and the President shall appoint another person
|
| 238 |
+
to fill the vacancy for the unexpired term.
|
| 239 |
+
(d) Where the person is appointed to fill a vacancy, that person shall subject to
|
| 240 |
+
the provisions of this Act be eligible for re -appointment.
|
| 241 |
+
Meetings of the Board of the Authority
|
| 242 |
+
10. (1) The Board of the Authority shall meet at least once every three months for the conduct
|
| 243 |
+
of business at a time and place determined by the chairperson.
|
| 244 |
+
(2) The chairperson shall, at the request in writing of not less than one -third of the
|
| 245 |
+
membership of the Board of the Authority , convene an extraordinary meeting of the Board
|
| 246 |
+
of the Authority at a time and place determined by the chairperson.
|
| 247 |
+
(3) The quorum for a meeting of the Board of the Authority is four membe rs of the
|
| 248 |
+
Board or a greater number determined by the Board in respect of an important matter.
|
| 249 |
+
(4) The chairperson shall preside at meetings of the Board of the Authority and in the
|
| 250 |
+
absence of the chairperson, a member of the Board of the Authority elected by the members
|
| 251 |
+
present from among their number shall preside.
|
| 252 |
+
6 6 (5) Matters before the Board of the Authority shall be decided by a majority of the
|
| 253 |
+
members present and voting and in the event of an equality of votes, the person presiding
|
| 254 |
+
shall have a castin g vote.
|
| 255 |
+
(6) The Board of the Authority may co -opt a person to attend a meeting of the Board
|
| 256 |
+
of the Authority but that person shall not vote on a matter for decision at the meeting.
|
| 257 |
+
(7) The proceedings of the Board of the Authority shall not be invalidated by reason of
|
| 258 |
+
a vacancy among the members or a defect in the appointment or qualification of a member
|
| 259 |
+
(8) Subject to this section, the Board of the Authority may determine the procedure for
|
| 260 |
+
the meeting of the Board of the Authority .
|
| 261 |
+
Disclosure of interest
|
| 262 |
+
11. (1) A member of the Board of the Authority who has an interest in a matter for consideration
|
| 263 |
+
(a) shall disclose in writing the nature of that interest and the disclosure shall
|
| 264 |
+
form part of the record of the consideration of th e matter; and
|
| 265 |
+
(b) is disqualified from being present at or participating in the deliberations of
|
| 266 |
+
the Board of the Authority in respect of that matter.
|
| 267 |
+
(2) A member ceases to be a member of the Board of the Authority if that member has
|
| 268 |
+
an interest in a matt er before the Board of the Authority and
|
| 269 |
+
(a) fails to disclose that interest; or
|
| 270 |
+
(b) is present at or participates in the deliberations of the Board of the Authority
|
| 271 |
+
in respect of that matter.
|
| 272 |
+
(3) Without limiting any further cause of action that may be in stituted against the
|
| 273 |
+
member, the Board of the Authority shall recover any benefit derived by a member who
|
| 274 |
+
contravenes subsection (1), in addition to the revocation of the appointment of the member.
|
| 275 |
+
Declaration of registrable interests
|
| 276 |
+
12. (1) Each memb er of the Board shall, prior to taking office, submit to the Minister a written
|
| 277 |
+
declaration of that member's registrable interest whether directly or indirectly owned by the
|
| 278 |
+
member.
|
| 279 |
+
(2) A member of the Board shall inform the Authority of any change in respect of that member's
|
| 280 |
+
registrable interest from the date of the change.
|
| 281 |
+
(3) A member who
|
| 282 |
+
(a) without reasonable excuse fails to declare a registrable interest, or
|
| 283 |
+
(b) knowingly makes a false declaration, contravenes subsections (1) and (2),
|
| 284 |
+
ceases to be a member of the Board and the appointment of the member to the Board shall
|
| 285 |
+
be revoked by the President
|
| 286 |
+
Establishment of committees
|
| 287 |
+
13. (1) The Board of the Authority may establish committees consisting of members of the
|
| 288 |
+
Board of the Author ity, non -members, or both, to perform a function of the Board of the Authority .
|
| 289 |
+
(2) A committee composed of members and non -members of the Board of the
|
| 290 |
+
Authority shall be chaired by a member of the Board of the Authority .
|
| 291 |
+
(3) Without limiting subsection (1 ), the Board of the Authority shall establish the
|
| 292 |
+
following committees:
|
| 293 |
+
(a) Technical Committee;
|
| 294 |
+
(b) Audit Committee; and
|
| 295 |
+
(c) Risk Committee.
|
| 296 |
+
(4) Subject to the Act, the Board of the Authority shall determine the composition and
|
| 297 |
+
functions of the committees established under subsection (3).
|
| 298 |
+
(5) Section 12 applies to a member of a committee of the Board .
|
| 299 |
+
Allowance s
|
| 300 |
+
14. A member of the Board of the Authority and members of a committee of the Board of the
|
| 301 |
+
Authority shall be paid allowances and other benefits approved by the Minister in consultation
|
| 302 |
+
with the Minister responsible for Finance.
|
| 303 |
+
Policy directives
|
| 304 |
+
15. (1) The Minister may give written directives to the Board of the Authority on matters of
|
| 305 |
+
policy in line with the object and functions of the Authority and the Board of the Authority shall
|
| 306 |
+
comply in a manner consistent with the effective performance of the functions of the Authority.
|
| 307 |
+
7 7 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct the
|
| 308 |
+
Authority on specific technical or operational matters in relation to the object and functions of the
|
| 309 |
+
Authority.
|
| 310 |
+
Independence of the Authority
|
| 311 |
+
16. Except as otherwise provided in this Act, the Authori ty shall not be subject to the direction or
|
| 312 |
+
control of any person or authority in the exercise of its mandate and regulatory functions.
|
| 313 |
+
Administrative Provisions
|
| 314 |
+
Appointment of Director General and Deputy Director General
|
| 315 |
+
17. (1) The President shall, in accordance with article 195 of the Constitution, appoint a
|
| 316 |
+
Director -General and two Deputy Directors -General for the Authority.
|
| 317 |
+
(2) The Director General and Deputy Director s-General shall hold office on the terms and
|
| 318 |
+
conditions specified in the letters of appointment.
|
| 319 |
+
(3) The Deputy Directors -General shall be responsible to the Director General in the
|
| 320 |
+
performance of their functions.
|
| 321 |
+
Functions of the Director -General
|
| 322 |
+
18. (1) The Director General
|
| 323 |
+
(a) is responsible for the day -to-day administration o f the affairs of the Authority ; and
|
| 324 |
+
(b) shall ensure the implementation of the decisions of the Board of the Authority .
|
| 325 |
+
(2) The Director -General may delegate a function to an officer of the Authority but shall
|
| 326 |
+
not be relieved of the ultimate responsibility for the performance of the delegated function.
|
| 327 |
+
Secretary
|
| 328 |
+
19. (1) The Presid ent shall, on the recommendation of the Board of the Authority , and in
|
| 329 |
+
accordance with article 195 of the Constitution appoint an officer, not below the rank of a
|
| 330 |
+
Deputy Director of the Authority, as Secretary of the Board of the Authority .
|
| 331 |
+
(2) The Secretary shall hold office on the terms and conditions specified in the letter of
|
| 332 |
+
appointment.
|
| 333 |
+
(3)The Secretary shall
|
| 334 |
+
(a) facilitate the efficient operation of the Authority's formal decision
|
| 335 |
+
making and reporting processes ;
|
| 336 |
+
(b) attend meetings of the Board ;
|
| 337 |
+
(c) record and keep the certified minutes of all meetings of the Board ;
|
| 338 |
+
(d) collect, organise and distribute to members of the Board relevant
|
| 339 |
+
information and documents for the purpose of meetings of the Board ;
|
| 340 |
+
(e) advise the Board on matters related to memoranda and presentations for
|
| 341 |
+
meetings of the Board ; and
|
| 342 |
+
(f) perform any other function determined by the Board or by the Director -
|
| 343 |
+
General.
|
| 344 |
+
Appointment of other staff
|
| 345 |
+
20. (1) The President shall, in accordance with article 195 of the Constitution, appoint other
|
| 346 |
+
staff of the Authority that are necessary for the effective and efficient performance of the functions
|
| 347 |
+
of the Authority .
|
| 348 |
+
(2) Other public officers may be transferred or seconded to the Authority or may
|
| 349 |
+
otherwise give assistance to the Authority .
|
| 350 |
+
(3) The Authority may, for the effective and efficient performance of the functions of
|
| 351 |
+
the Authority, engage the services of advisors a nd consultants on the recommendations of
|
| 352 |
+
the Board of the Authority .
|
| 353 |
+
(4) The Authority shall exercise control over the assignment, training and appropriate
|
| 354 |
+
induction of a person employed as an officer or staff of the Authority in accordance with
|
| 355 |
+
the Scheme of Service of the Authority.
|
| 356 |
+
Offices, divisions, directorates, departments or units of the Authority
|
| 357 |
+
21. The Authority may establish offices, divisions, directorates, departments or units of the
|
| 358 |
+
Authority as determined by the Board of the Authority for the effective and efficient performance
|
| 359 |
+
of the functions of the Authority .
|
| 360 |
+
Internal Audit Unit
|
| 361 |
+
8 8 22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of the Public
|
| 362 |
+
Financial Management Act, 2016 (Act 921).
|
| 363 |
+
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in
|
| 364 |
+
accordance with the Internal Audit Agency Act, 2003 (Act 658).
|
| 365 |
+
(3) The Internal Auditor is responsible for the internal audit of the Authority .
|
| 366 |
+
(4) The Internal Auditor sh all, subject to subsections (3) and (4) of section 16 of the Internal
|
| 367 |
+
Audit Agency Act, 2003 (Act 658), at intervals of three months
|
| 368 |
+
(a) prepare and submit to the Board of the Authority a report on the internal audit carried out
|
| 369 |
+
during the period of thre e months immediately preceding the preparation of the report; and
|
| 370 |
+
(b) make recommendations in each report with respect to matters necessary for the conduct of
|
| 371 |
+
the affairs of the Authority .
|
| 372 |
+
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit
|
| 373 |
+
Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the
|
| 374 |
+
Director General and the chairperson of the Board of the Authority .
|
| 375 |
+
Financial Provisions
|
| 376 |
+
Funds of the Authority
|
| 377 |
+
23. The funds of the Authority include
|
| 378 |
+
(a) fees, charges or any other moneys payable under this Act, or any other enactment,
|
| 379 |
+
(b) any moneys provided by Parliament,
|
| 380 |
+
(c) donations, grants and gifts,
|
| 381 |
+
(d) moneys derived from the investment of the Authority's funds, and
|
| 382 |
+
(e) any other moneys tha t are approved by the Minister responsible for Finance.
|
| 383 |
+
Bank account of the Authority
|
| 384 |
+
24. Moneys for the Authority shall be paid into a bank account opened for the purpose with
|
| 385 |
+
the approval of the Controller and Accountant -General.
|
| 386 |
+
Expenses of the Authority
|
| 387 |
+
25. The expenses of the Authority shall be charged on the funds of the Authority .
|
| 388 |
+
Exemption from tax
|
| 389 |
+
26. Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), the
|
| 390 |
+
Authority is exempt from the payment of taxes that the Minis ter responsible for Finance
|
| 391 |
+
may, in writing, determine with the prior approval of Parliament.
|
| 392 |
+
Borrowing powers
|
| 393 |
+
27. (1) Subject to article 181 of the Constitution and section 76 of the Public Financial
|
| 394 |
+
Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister, the
|
| 395 |
+
Authority may borrow money from a body corporate or any other person.
|
| 396 |
+
(2) For the purposes of securing the money borrowed, the Authority may, with the prior
|
| 397 |
+
consent in writing of the Minister, mortgage, charge or pledge a right, title or an interest in
|
| 398 |
+
any of the properties of the Authority .
|
| 399 |
+
Accounts and audit
|
| 400 |
+
28. (1) The Authority shall keep books, records, returns of account and other docum ents
|
| 401 |
+
relevant to the accounts in the form approved by the Auditor -General.
|
| 402 |
+
(2) The Board of the Authority shall submit the accounts of the Authority to the Auditor -
|
| 403 |
+
General for audit at the end of the financ ial year.
|
| 404 |
+
(3) The Auditor -General shall, within s ix months after the end of the immediately
|
| 405 |
+
preceding financial year, audit the accounts of the Authority and forward a copy of the
|
| 406 |
+
report to the Minister and the Board of the Authority .
|
| 407 |
+
(4) The financial year of the Authority shall be the same as the finan cial year of the
|
| 408 |
+
Government.
|
| 409 |
+
Annual report and other reports
|
| 410 |
+
29. (1) The Board of the Authority shall, within thirty days after the receipt of the audit report,
|
| 411 |
+
submit an annual report to the Minister, covering the activities and operations of the
|
| 412 |
+
Authority for the year to which the report relates.
|
| 413 |
+
(2) The annual report shall include
|
| 414 |
+
9 9 (a) the report of the Auditor -General;
|
| 415 |
+
(b) an assessment of the targets of the Authority ; and
|
| 416 |
+
(c) a summary of challenges and feedback from stakeholders and recommendations to
|
| 417 |
+
improve the efficiency and effectiveness of the Authority .
|
| 418 |
+
(3) The Minister shall, within thirty days after the receipt of the annual report, submit the
|
| 419 |
+
report to Parliament with a statement that the Minister considers necessary.
|
| 420 |
+
(4) The Board of the Authority shall submit to the Minister any other report that the
|
| 421 |
+
Minister may require in writing.
|
| 422 |
+
Miscellaneous provisions
|
| 423 |
+
Procedure for decision -making by the Authority
|
| 424 |
+
30. (1) In the exercise of its function under this Act and the Electronic Communications Act,
|
| 425 |
+
2025 (Act …) the Board shall
|
| 426 |
+
(a)observe reasonable standards of procedural fairness ;
|
| 427 |
+
(b)act timeously ; and
|
| 428 |
+
(c )observe the rules of natural justice
|
| 429 |
+
when making decisions that affect a person.
|
| 430 |
+
(2)Without limiting subsection (1), the Board shall
|
| 431 |
+
(a)publish a matter for decision in the Gazette as considered necessary or as required by
|
| 432 |
+
the Electronic Communications Act, 2025 (Act …) prior to making a decision;
|
| 433 |
+
(b)grant a person who is or is likely to be affected by a decision of the Board, an
|
| 434 |
+
oppo rtunity;
|
| 435 |
+
(i) to make a submission to the Board,
|
| 436 |
+
(ii)to be heard by the Board, or
|
| 437 |
+
(iii) to consult with the Board in good faith, and
|
| 438 |
+
(c) have regard to evidence adduced and matters contained in a submission made or
|
| 439 |
+
received in the course of any consultati on.
|
| 440 |
+
(d)Where the Board makes a decision, it shall
|
| 441 |
+
(i)state in writing the reasons for the decision; and
|
| 442 |
+
(ii)provide in accordance with its procedure; notification of the decision to the relevant
|
| 443 |
+
persons.
|
| 444 |
+
(3) The Board may, on application or on its own motion, review, rescind or vary a decision
|
| 445 |
+
made by it or hear a matter again before rendering a decision.
|
| 446 |
+
Register of interests
|
| 447 |
+
31(1) The Director -General shall cause to be kept and maintained a Register in which shall be
|
| 448 |
+
recorded details of
|
| 449 |
+
(a) any share or debenture owned by a member of the Board;
|
| 450 |
+
(b) other financial interests a member of the Board has in a corporate body;
|
| 451 |
+
(c) any public or charitable appointment or directorship held by a member; and
|
| 452 |
+
(d) any other matter required to be registered.
|
| 453 |
+
(2) The Register shall be publicly accessible, in both physical and electronic form.
|
| 454 |
+
(3)The Register shall be open to the public for physical inspection during normal working
|
| 455 |
+
hours and subject to the payment of a fee determined by the Authority.
|
| 456 |
+
(4) A person may
|
| 457 |
+
(a) make a copy of the content of the Register, or
|
| 458 |
+
(b) take an extract from the Register,
|
| 459 |
+
at the fee that the Authority may determine.
|
| 460 |
+
Code of conduct
|
| 461 |
+
32. (1) The Board shall establish within one year of the commencement of this Act, a code of
|
| 462 |
+
conduct for members of the Board, staff and persons whose services the Authority engages.
|
| 463 |
+
(2) The Authority shall revise the code of conduct from time to time having regard to the
|
| 464 |
+
changing regulatory objectives in the communications industry.
|
| 465 |
+
Application
|
| 466 |
+
33.This Act binds the Republic.
|
| 467 |
+
10 10 Regulations
|
| 468 |
+
34. The Minister may, on the advice of the Board by legislative instrument make Regulations
|
| 469 |
+
to
|
| 470 |
+
(a) provide for the forms for applications;
|
| 471 |
+
(b) prescribe requirements for authorisations and licences;
|
| 472 |
+
(c) prescribe that all new telecom -related services involving the processing of personal
|
| 473 |
+
data, including AI -powered customer service applications, shall be subject to pre -
|
| 474 |
+
licensing approva l following a joint evaluation by the National Communications
|
| 475 |
+
Authority and the Data Protection Commission;
|
| 476 |
+
(d) prescribe conditions for interconnection of communication systems;
|
| 477 |
+
(e) provide procedures for the implementation of a system of universal service
|
| 478 |
+
provision including the quality of service standards;
|
| 479 |
+
(f) provide procedures for the use of
|
| 480 |
+
(i) network facilities,
|
| 481 |
+
(ii) network services,
|
| 482 |
+
(iii) application services,
|
| 483 |
+
(iv) content application services,
|
| 484 |
+
(g) provide procedures for an integrated framework for robust, multi -hazard emergency
|
| 485 |
+
communications on the declaration of an emergency in accordance with law; and
|
| 486 |
+
(h) provide for local content and local equity participation in the provision of
|
| 487 |
+
communication services ;
|
| 488 |
+
(i) provide for any other matter necessary for the effective implementation of the
|
| 489 |
+
provisions of this Act.
|
| 490 |
+
Interpretation
|
| 491 |
+
35. In this Act, unless the context 'otherwise requires
|
| 492 |
+
"Authority" means the National Communications Authority established under section 1;
|
| 493 |
+
“Application ” means any software -based mechanism, digital platform, or computer
|
| 494 |
+
program that is designed to:
|
| 495 |
+
(a) process and transmit information or execute functions , including but not
|
| 496 |
+
limited to processing, storing, displaying, or transmitting data or communications
|
| 497 |
+
that are delivered to end users
|
| 498 |
+
(b) enable interactive or content -based functionality or provide interactive
|
| 499 |
+
services, facilitate user engagement or offer content enhancements such as
|
| 500 |
+
multimedia, informational or entertainment features in conjunction with
|
| 501 |
+
telecommunications network
|
| 502 |
+
(c) operate via digital or telecommunicatio n infrastructure or be deployed on,
|
| 503 |
+
or function over, networks that include traditional telecommunications or internet -
|
| 504 |
+
based systems, thereby complementing or augmenting core voice, messaging , or
|
| 505 |
+
data transmission services
|
| 506 |
+
“Application services ” means
|
| 507 |
+
"Board" means the governing body of the Authority established under section 6;
|
| 508 |
+
“Communication ecosystem ” means the interconnected network of individuals,
|
| 509 |
+
organizations, technologies, and information flows that shape how messages are
|
| 510 |
+
produced, disseminated, and received within a specific context.
|
| 511 |
+
"communications network" means a communications network used to provide a
|
| 512 |
+
communications service;
|
| 513 |
+
"communications operator" means a person authorised or licen sed under this Act to
|
| 514 |
+
operate a communications network;
|
| 515 |
+
“Communication services ” means the transmission, conveyance, or routing of voice,
|
| 516 |
+
data, text, sound, images, video, signals, signs, intelligence or any other information by
|
| 517 |
+
wire, radio, optical, electromagnetic systems, or other means. This includes but n ot
|
| 518 |
+
limited to services such as telephone services, mobile cellular services, internet access,
|
| 519 |
+
broadcasting, satellite services, and any related ancillary services
|
| 520 |
+
"communications supplier" means a person authorised or licen sed
|
| 521 |
+
under this Act to provide com munications service;
|
| 522 |
+
“Licence” means
|
| 523 |
+
"Minister" means the Minister responsible for Communications;
|
| 524 |
+
11 11 "operator" means a person licensed under the Electronic Communications Act, 2025
|
| 525 |
+
(Act …) to operate a public communications network;
|
| 526 |
+
"registrable interest" means an interest required to be registered in accordance with this
|
| 527 |
+
Act; .
|
| 528 |
+
"service provider" means a person licensed under this Act to provide a public
|
| 529 |
+
communications service;
|
| 530 |
+
"Universal Access Policy" means the eligibility of
|
| 531 |
+
(a) a person licensed under the Electronic
|
| 532 |
+
Communications Act, 2025
|
| 533 |
+
communications network; and (Act …) to operate
|
| 534 |
+
(b) a person licensed under the Electronic
|
| 535 |
+
Communications Act, 2025 (Act …) to provide a communications service;
|
| 536 |
+
and
|
| 537 |
+
"user" means a customer or subscriber of a communications network or a
|
| 538 |
+
communications or broadcasting service and includes a customer that is an
|
| 539 |
+
operator of a communications network and a customer that is a provider of a
|
| 540 |
+
communications service.
|
| 541 |
+
Transitional provis ions
|
| 542 |
+
36. (1) The rights, assets and liabilities accrued in respect of the properties vested in the
|
| 543 |
+
Authority established under the National Communications Authority Act 2008 (Act 769)
|
| 544 |
+
immediately before the commencement of this Act and the persons emplo yed by the Authority
|
| 545 |
+
shall be transferred to the Authority established under this Act and accordingly proceedings taken
|
| 546 |
+
by or against the former Authority may be continued by or against the Authority.
|
| 547 |
+
(2) A contract subsisting between the former Authori ty established under the National
|
| 548 |
+
Communications Authority, 2008 (Act 679) and another person and in effect immediately before
|
| 549 |
+
the commencement of this Act shall subsist between the Authority under this Act and that other
|
| 550 |
+
person.
|
| 551 |
+
Repeal and savings
|
| 552 |
+
37. (1) The National Communications Authority Act, 2008 (Act 769) is hereby repealed.
|
| 553 |
+
(2) Despite the repeal of Act 769 any licence, frequency, authorisation, Regulation, notice,
|
| 554 |
+
order, direction, appointment or any other act lawfully made or done under the repealed enactment
|
| 555 |
+
and in force immediately before the commencement of this Act shall be considered to have been
|
| 556 |
+
made or done under this Act and shall continue to have effect until reviewed, cancelled or
|
| 557 |
+
terminated.
|
| 558 |
+
SCHEDULE
|
| 559 |
+
FORM AND CONTENT OF A NNUAL REPORT
|
| 560 |
+
(Section 2 9)
|
| 561 |
+
Ref. Part of Report Description
|
| 562 |
+
1 Table of contents
|
| 563 |
+
2 Index
|
| 564 |
+
3 Glossary
|
| 565 |
+
4 Contact officer(s)
|
| 566 |
+
5 Internet home page address and Internet address for report
|
| 567 |
+
6 Review by the Board Review by the board
|
| 568 |
+
6.1 Overview description of Authority
|
| 569 |
+
6.2
|
| 570 |
+
Role and functions Summary of significant issues and de -
|
| 571 |
+
velopment
|
| 572 |
+
6.3 Organisational structure
|
| 573 |
+
6.4 Overview of the Authority's performance and financial results
|
| 574 |
+
6.5 Significant issues and development
|
| 575 |
+
6.6 Outlook for the following year
|
| 576 |
+
7 Report on Policy Review of adherence and implementation of policy objec -
|
| 577 |
+
12 12 Objectives tives and measurements of achievement in period.
|
| 578 |
+
8
|
| 579 |
+
Report on Performance Review of performance during the year in relation to out - puts
|
| 580 |
+
and contribution to outcomes
|
| 581 |
+
8.1
|
| 582 |
+
Actual performance in relation to performance targets set in
|
| 583 |
+
the preceding year
|
| 584 |
+
8.2
|
| 585 |
+
Where performance targets differ from those set in the pre -
|
| 586 |
+
ceding year details of both former and new targets, and reason
|
| 587 |
+
for the change
|
| 588 |
+
8.3 Narrative discussion and analysis of performance
|
| 589 |
+
8.4 Trend information
|
| 590 |
+
8.5
|
| 591 |
+
Factors, events or trends influencing the Authority's per -
|
| 592 |
+
formance
|
| 593 |
+
8.6 Significant changes in nature of principal functions/services
|
| 594 |
+
8.7
|
| 595 |
+
Performance against service charter customer service stan - dards,
|
| 596 |
+
complaints data, and the Authority's response to complainsts
|
| 597 |
+
8.8 Social justice and equity impacts
|
| 598 |
+
8.9
|
| 599 |
+
Discussion and ananlysis of the Authority's financial per -
|
| 600 |
+
formance
|
| 601 |
+
8.10 Discussion of any significant changes from the prior year or
|
| 602 |
+
from budget
|
| 603 |
+
Ref. Part of Report Description
|
| 604 |
+
8.11 Summary of resource tables by outcomes
|
| 605 |
+
8.12
|
| 606 |
+
Developments since the end of the financial year
|
| 607 |
+
that have affected or may significantly affect the
|
| 608 |
+
Authority' s operations or financial results in future
|
| 609 |
+
9 Interconnection Number of interconnection agreements submitted to
|
| 610 |
+
the
|
| 611 |
+
Agreements Authority's and the names of parties to the
|
| 612 |
+
Agreements
|
| 613 |
+
10 Licences and Applications for licences received and number of Ii
|
| 614 |
+
censes granted and names of beneficiaries, license
|
| 615 |
+
revoked or suspended.
|
| 616 |
+
Authorisations
|
| 617 |
+
11 Numbers issued
|
| 618 |
+
12 Frequencies issued
|
| 619 |
+
13
|
| 620 |
+
14
|
| 621 |
+
Fees collected
|
| 622 |
+
Management Accountability
|
| 623 |
+
15
|
| 624 |
+
Corporate Governance
|
| 625 |
+
Statement of the main corporate governance
|
| 626 |
+
practice in place
|
| 627 |
+
15.1 Names of the senior executives and their
|
| 628 |
+
responsibilities
|
| 629 |
+
15.2 Senior management committees and their roles
|
| 630 |
+
15.3
|
| 631 |
+
Board Committees established or in existence and
|
| 632 |
+
their roles
|
| 633 |
+
15.4
|
| 634 |
+
Corporate and operational planning and associated
|
| 635 |
+
performance reporting and review
|
| 636 |
+
13 13 15.5
|
| 637 |
+
Approach adapted to identifying areas of significant
|
| 638 |
+
financial or operational risk and arrangements in
|
| 639 |
+
place to manage risks
|
| 640 |
+
15.6 Certification of fraud measures in place
|
| 641 |
+
15.7
|
| 642 |
+
Policy and practices and the establishment and
|
| 643 |
+
maintenance of appropriate ethical standards
|
| 644 |
+
15.8
|
| 645 |
+
How nature and amount of remuneration far senior
|
| 646 |
+
executive service employees is determined
|
| 647 |
+
Code of conduct far directors any change
|
| 648 |
+
16 External Scrutiny Significant developments in external scrutiny
|
| 649 |
+
16.1
|
| 650 |
+
Judicial decisions and decisions of the
|
| 651 |
+
Telecornmunications Tribunal
|
| 652 |
+
16.2
|
| 653 |
+
Reports by the Auditor -General, Parliamentary
|
| 654 |
+
Committee or other competent government body
|
| 655 |
+
Ref. Part of Report Description
|
| 656 |
+
17 Management of Human Assessment of effectiveness in managing and
|
| 657 |
+
developing human resources to achieve, staff
|
| 658 |
+
turnover and
|
| 659 |
+
Resources retention
|
| 660 |
+
17.1 Workforce planning, staff turnover and retention
|
| 661 |
+
17.2
|
| 662 |
+
Training and development undertaken and their im -
|
| 663 |
+
pact
|
| 664 |
+
17.3 Occupational health and safety performance
|
| 665 |
+
17.4 Productivity gains
|
| 666 |
+
17.5 Statistics on staffing
|
| 667 |
+
17.6 Performance pay
|
| 668 |
+
18 Purchasing Assessment of purchasing against core policies and
|
| 669 |
+
19 principles
|
| 670 |
+
Assets management Assessment of effectiveness of assets management
|
| 671 |
+
20
|
| 672 |
+
Consultants and Competitive
|
| 673 |
+
Tendering Number and nature of consultancy services and con -
|
| 674 |
+
and Contracting tracts and total expenditure on consultancy services.
|
| 675 |
+
20.1
|
| 676 |
+
Competitive tendering and contracting contracts
|
| 677 |
+
awarded and outcomes
|
| 678 |
+
20.2
|
| 679 |
+
For all contracts indication of how the provisions
|
| 680 |
+
of the Public Procurement Act were followed.
|
| 681 |
+
21 Providing access to Report on performance in implementing the Disability
|
| 682 |
+
people with disabilities Strategy or ensuring compliance with the Disability
|
| 683 |
+
Act.
|
| 684 |
+
22 Financial Stat ements Audited Financial Statements
|
| 685 |
+
23 Other Information
|
| 686 |
+
23.1 Occupational health and safety
|
| 687 |
+
23.2 Freedom of Information
|
| 688 |
+
23.3 Advertising and Market Research
|
| 689 |
+
23.4
|
| 690 |
+
Ecologically sustainable development and
|
| 691 |
+
environmental performance
|
| 692 |
+
24
|
| 693 |
+
Research sponsored and effect
|
| 694 |
+
Human Resource Capacity holding initiatives and
|
| 695 |
+
outcomes
|
| 696 |
+
Other Discretionary Grants
|
| 697 |
+
24.1 Correction of material errors in previous annual
|
| 698 |
+
report
|
| 699 |
+
*Date of Gazette
|
assets/example_bills/national-communications-authority-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:18:36.481696+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-National-Communications-Authority-Bill-2025.pdf",
|
| 6 |
+
"document_hash": "dbf3d41cd71f893410ad6b839b348cacb86450c393416cb6fee74616769d7269",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/national-information-technology-authority-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,76 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The National Information Technology Authority Bill, 2025 establishes a centralized regulatory body (NITA) to oversee Ghana's ICT sector, enforce standards, license providers, and promote innovation. It introduces licensing requirements, regulatory sandboxes, and a governance structure with oversight from a Board of Directors. The bill emphasizes digital inclusion, interoperability, and competition safeguards but raises concerns about implementation clarity and potential regulatory burdens.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the National Information Technology Authority (NITA) as a corporate body to regulate ICT infrastructure, products, and services.",
|
| 5 |
+
"Grants NITA powers to license ICT providers, enforce technical standards, and coordinate national digital platforms.",
|
| 6 |
+
"Mandates the creation of a Board of Directors with diverse representation, including gender quotas and expertise in ICT, law, and governance.",
|
| 7 |
+
"Provides financial autonomy for NITA through tax exemptions, borrowing powers, and revenue streams like licensing fees and a percentage of ICT-related taxes.",
|
| 8 |
+
"Includes provisions for dispute resolution, penalties for non-compliance, and a regulatory sandbox to foster innovation.",
|
| 9 |
+
"Requires NITA to prioritize digital inclusion, accessibility, and anti-monopoly measures in the ICT ecosystem."
|
| 10 |
+
],
|
| 11 |
+
"implementation": [
|
| 12 |
+
{
|
| 13 |
+
"stakeholder": "ICT service providers",
|
| 14 |
+
"obligation": "Comply with licensing requirements, technical standards, and reporting obligations under the Act.",
|
| 15 |
+
"implementation_burden": "Administrative costs for licensing applications, compliance with evolving standards, and potential penalties for non-compliance.",
|
| 16 |
+
"risk_or_note": "Startups and SMEs may face higher compliance costs compared to larger firms, potentially stifling innovation."
|
| 17 |
+
},
|
| 18 |
+
{
|
| 19 |
+
"stakeholder": "Public institutions",
|
| 20 |
+
"obligation": "Adhere to NITA's technical clearance processes for ICT procurements and maintain interoperability with national systems.",
|
| 21 |
+
"implementation_burden": "Need to align internal systems with NITA standards, which may require upfront investments in infrastructure.",
|
| 22 |
+
"risk_or_note": "Delays in procurement processes if technical clearance procedures are not streamlined."
|
| 23 |
+
},
|
| 24 |
+
{
|
| 25 |
+
"stakeholder": "NITA",
|
| 26 |
+
"obligation": "Enforce regulations, conduct audits, and manage a regulatory sandbox for innovation.",
|
| 27 |
+
"implementation_burden": "Resource-intensive operations requiring skilled personnel, infrastructure, and coordination with multiple stakeholders.",
|
| 28 |
+
"risk_or_note": "Potential challenges in balancing regulatory oversight with fostering innovation in the sandbox environment."
|
| 29 |
+
},
|
| 30 |
+
{
|
| 31 |
+
"stakeholder": "Consumers",
|
| 32 |
+
"obligation": "None explicitly stated, but may benefit from improved service quality and digital inclusion initiatives.",
|
| 33 |
+
"implementation_burden": "None directly imposed, but may face higher service costs if compliance burdens are passed to providers.",
|
| 34 |
+
"risk_or_note": "Vulnerable groups (e.g., rural populations, low-income users) may benefit from digital inclusion measures but could face access barriers if implementation is uneven."
|
| 35 |
+
}
|
| 36 |
+
],
|
| 37 |
+
"critique": [
|
| 38 |
+
{
|
| 39 |
+
"issue": "Ambiguity in regulatory enforcement powers",
|
| 40 |
+
"why_it_matters": "The bill grants NITA broad powers (e.g., technical clearance, sanctions) without clear safeguards against overreach or arbitrary decisions.",
|
| 41 |
+
"recommendation": "Include specific procedural safeguards, such as judicial review mechanisms or independent oversight bodies, to prevent misuse of authority."
|
| 42 |
+
},
|
| 43 |
+
{
|
| 44 |
+
"issue": "Lack of funding clarity for innovation initiatives",
|
| 45 |
+
"why_it_matters": "The ICT Development and Innovation Fund and regulatory sandbox are mentioned but no explicit funding mechanisms or timelines are provided.",
|
| 46 |
+
"recommendation": "Detail funding sources, allocation criteria, and timelines for innovation programs to ensure accountability and effectiveness."
|
| 47 |
+
},
|
| 48 |
+
{
|
| 49 |
+
"issue": "Potential for regulatory fragmentation",
|
| 50 |
+
"why_it_matters": "NITA's role overlaps with existing bodies (e.g., Electronic Transactions Act, 2025) without clear delineation of responsibilities.",
|
| 51 |
+
"recommendation": "Clarify jurisdictional boundaries and coordination protocols to avoid duplication or conflicts with existing regulatory frameworks."
|
| 52 |
+
}
|
| 53 |
+
],
|
| 54 |
+
"swot": {
|
| 55 |
+
"strengths": [
|
| 56 |
+
"Centralized oversight could streamline ICT regulation and improve national digital infrastructure coherence.",
|
| 57 |
+
"Emphasis on digital inclusion and accessibility may address disparities in rural and vulnerable populations.",
|
| 58 |
+
"Regulatory sandbox provisions could accelerate local innovation and startup growth."
|
| 59 |
+
],
|
| 60 |
+
"weaknesses": [
|
| 61 |
+
"Broad discretionary powers for NITA risk regulatory overreach without sufficient checks and balances.",
|
| 62 |
+
"High compliance costs for SMEs and startups may hinder market entry and competition.",
|
| 63 |
+
"Unclear funding mechanisms for innovation initiatives could undermine their long-term viability."
|
| 64 |
+
],
|
| 65 |
+
"opportunities": [
|
| 66 |
+
"Standardization of ICT services may improve interoperability and reduce long-term costs for public and private sectors.",
|
| 67 |
+
"Focus on local content development could boost Ghanaian tech firms and reduce reliance on foreign solutions.",
|
| 68 |
+
"Collaboration with international standards bodies (e.g., ISO, ITU) may enhance global competitiveness."
|
| 69 |
+
],
|
| 70 |
+
"threats": [
|
| 71 |
+
"Regulatory complexity could deter foreign investment in Ghana's ICT sector.",
|
| 72 |
+
"Potential monopolistic practices if anti-trust measures are not rigorously enforced.",
|
| 73 |
+
"Implementation delays or resource shortages may weaken NITA's effectiveness in achieving its mandate."
|
| 74 |
+
]
|
| 75 |
+
}
|
| 76 |
+
}
|
assets/example_bills/national-information-technology-authority-bill-2025/chunks.json
ADDED
|
The diff for this file is too large to render.
See raw diff
|
|
|
assets/example_bills/national-information-technology-authority-bill-2025/document.txt
ADDED
|
@@ -0,0 +1,1591 @@
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| 1 |
+
1
|
| 2 |
+
PAGE \* MERGEFORMAT 1
|
| 3 |
+
NATIONAL INFORMATION TECHNOLOGY AUTHORITY BILL, 2025
|
| 4 |
+
ARRANGEMENT OF SECTIONS
|
| 5 |
+
Sections
|
| 6 |
+
National Information Technology Authority
|
| 7 |
+
1. Establishment of the National Information Technology Authority
|
| 8 |
+
2. Object of the Authority
|
| 9 |
+
3. Functions of the Authority
|
| 10 |
+
4. Power of the Authority
|
| 11 |
+
5. Regulatory and best practice of the Authority
|
| 12 |
+
Governance of the Authority
|
| 13 |
+
6. Governing body of the Authority
|
| 14 |
+
7. Functions of the Board of Directors
|
| 15 |
+
8. Duties and liabilities of members of the Board of Directors
|
| 16 |
+
9. Tenure of office of members of the Board of Directors
|
| 17 |
+
10. Meetings of the Board of Directors
|
| 18 |
+
11. Disclosure of interest
|
| 19 |
+
12. Declaration of registrable interests
|
| 20 |
+
13. Establishment of committees
|
| 21 |
+
14. Allowance
|
| 22 |
+
15. Policy directives
|
| 23 |
+
16. Independence of the Authority
|
| 24 |
+
Administrative Provisions
|
| 25 |
+
17. Appointment of Director General and Deputy Director
|
| 26 |
+
18. Functions of the Director General
|
| 27 |
+
19. Secretary
|
| 28 |
+
20. Appointment of other staff
|
| 29 |
+
21. Offices, divisions, directorates, departments and units
|
| 30 |
+
22. Internal Audit Unit
|
| 31 |
+
Financial Provisions
|
| 32 |
+
23. Funds of the Authority
|
| 33 |
+
24. Bank account of the Authority
|
| 34 |
+
25. Expenses of the Authority
|
| 35 |
+
26. Exemption from tax
|
| 36 |
+
27. Borrowing powers
|
| 37 |
+
28. Accounts and audit
|
| 38 |
+
29. Annual report and other reports
|
| 39 |
+
30. Budget Estimates
|
| 40 |
+
2
|
| 41 |
+
PAGE \* MERGEFORMAT 1 31. Establishment of the e -government ICT operator
|
| 42 |
+
32. Object of the Company
|
| 43 |
+
33. Use of Funds
|
| 44 |
+
34. Reporting and audits
|
| 45 |
+
Licensing and Certification
|
| 46 |
+
35. Requirements for licence
|
| 47 |
+
36. Categories of licences
|
| 48 |
+
37. Qualification for licence
|
| 49 |
+
38. Application for licence
|
| 50 |
+
39. Consideration of an application for licence
|
| 51 |
+
40. Grant of licence
|
| 52 |
+
41. Validity and renewal of licence
|
| 53 |
+
42. Non-transferability of licence
|
| 54 |
+
43. Suspension of licence
|
| 55 |
+
44. Restoration of suspended licence
|
| 56 |
+
45. Revocation of licence
|
| 57 |
+
46. Certification of ICT professionals
|
| 58 |
+
47. Register of ICT product and service providers
|
| 59 |
+
Closure, Mergers and Alterations
|
| 60 |
+
48. Closure of premises or facility
|
| 61 |
+
49. Sales, merger, amalgamation and alteration of business
|
| 62 |
+
ICT Standards and Innovation
|
| 63 |
+
50. Performance standards
|
| 64 |
+
51. Specifications for ICT products and services
|
| 65 |
+
52. Compliance monitoring and technical clearance
|
| 66 |
+
53. National Digital Architecture
|
| 67 |
+
54. ICT Project Registry
|
| 68 |
+
55. Shared services and infrastructure
|
| 69 |
+
56. Audit and standards for public ICT
|
| 70 |
+
57. Performance monitoring and reporting
|
| 71 |
+
58. ICT performance certification tiers
|
| 72 |
+
59. ICT Development and Innovation Fund
|
| 73 |
+
60. Capacity building and local innovation support
|
| 74 |
+
61. Regulatory sandbox for ICT innovation
|
| 75 |
+
62. Risk-based and principles -oriented regulation
|
| 76 |
+
63. Future technologies and adaptive regulation
|
| 77 |
+
64. Digital inclusion and accessibility
|
| 78 |
+
65. Multi -stakeholder advisory forum
|
| 79 |
+
66. Periodic review of regulatory instruments
|
| 80 |
+
67. Collaboration with other agencies
|
| 81 |
+
Reporting Requirements
|
| 82 |
+
68. Report by the Authority
|
| 83 |
+
3
|
| 84 |
+
PAGE \* MERGEFORMAT 1 69. Submission of reports by ICT service providers
|
| 85 |
+
70. Inspector
|
| 86 |
+
71. Powers of an inspector
|
| 87 |
+
72. Obstruction of an inspector
|
| 88 |
+
73. Enforcement powers of the Authority
|
| 89 |
+
74. Other powers of the Authority
|
| 90 |
+
75. Other enforcement measures
|
| 91 |
+
Dispute Resolution
|
| 92 |
+
76. Negotiation
|
| 93 |
+
77. Dispute Resolution Committee
|
| 94 |
+
78. Composition and procedure of the Dispute Resolution Committee
|
| 95 |
+
79. Decisions of the Dispute Resolution Committee
|
| 96 |
+
80. Appeal against the decision of the Dispute Resolution Committee
|
| 97 |
+
National Information Technology Authority Tribunal
|
| 98 |
+
81. Establishment of the Tribunal
|
| 99 |
+
82. Composition of the Tribunal
|
| 100 |
+
83. Administration of the Tribunal
|
| 101 |
+
84. Expenses of the Tribunal
|
| 102 |
+
85. Allowances
|
| 103 |
+
86. Rules of procedure
|
| 104 |
+
87. Right of appeal
|
| 105 |
+
88. Decisions of the Tribunal
|
| 106 |
+
89. Appeal against decision of the Tribunal
|
| 107 |
+
Offences and Penalties
|
| 108 |
+
90. General offences and penalties
|
| 109 |
+
91. Embezzlement, misappropriation or diversion of funds
|
| 110 |
+
92. Offences relating to licensing and certification
|
| 111 |
+
93. Interference with technical clearance
|
| 112 |
+
94. Obstruction of compliance reviews
|
| 113 |
+
95. Offence by a body corporate
|
| 114 |
+
96. Administrative penalty
|
| 115 |
+
97. Other Offences
|
| 116 |
+
Miscellaneous Provisions
|
| 117 |
+
98. Procedure for decision -making by the Authority
|
| 118 |
+
99. Register of interest
|
| 119 |
+
100. Code of conduct
|
| 120 |
+
101.Publication of notices and directives
|
| 121 |
+
102.Public engagements
|
| 122 |
+
103.Regulations
|
| 123 |
+
104.Interpretation
|
| 124 |
+
105.Transitional provisions
|
| 125 |
+
4
|
| 126 |
+
PAGE \* MERGEFORMAT 1 106.Repeals and savings
|
| 127 |
+
107.Schedule
|
| 128 |
+
5
|
| 129 |
+
PAGE \* MERGEFORMAT 1 A BILL
|
| 130 |
+
ENTITLED
|
| 131 |
+
NATIONAL INFORMATION TECHNOLOGY AUTHORITY ACT, 2025
|
| 132 |
+
AN ACT to establish the National Information Technology Authority to regulate and promote
|
| 133 |
+
information and communications technologies and digital services ; to provide for the licensing
|
| 134 |
+
and certification of ICT service providers and professionals; to enforce standards for digital
|
| 135 |
+
systems and infrastructure; to enhance interoperability, and innovation; and to provide for
|
| 136 |
+
related matters.
|
| 137 |
+
DATE OF ASSENT:
|
| 138 |
+
PASSED by Parliament and assented to by the President
|
| 139 |
+
National Information Technology Authority
|
| 140 |
+
Establishment of the National Information Technology Authority
|
| 141 |
+
1. (1) There is established by this Act, the National Information Technology Authority as a
|
| 142 |
+
body corporate.
|
| 143 |
+
(2) The Authority may, for the performance of its functions acquire and hold property,
|
| 144 |
+
dispose of property and enter into a contract or any other related transaction.
|
| 145 |
+
(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the
|
| 146 |
+
Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority.
|
| 147 |
+
Object of the Authority
|
| 148 |
+
2. The object of the Authority is to regulate, coordinate, promote, and develop information and
|
| 149 |
+
communications technology and digital services in Ghana in line with national development
|
| 150 |
+
goals and to
|
| 151 |
+
(a) ensure the provision of quality information and communications technology ,
|
| 152 |
+
(b) promote standards of efficiency and ensure high quality of service in the
|
| 153 |
+
Information and Communications Technology ecosystem, and
|
| 154 |
+
(c) coordinate the management and development of information and communications
|
| 155 |
+
technology personnel or practitioners in the public services
|
| 156 |
+
Functions of the Authority
|
| 157 |
+
3. (1) To achieve the object under section 2, the Authority shall
|
| 158 |
+
a. license and regulate ICT infrastructure, products and service providers;
|
| 159 |
+
b. develop and enforce standards to ensure consistency and accountability
|
| 160 |
+
across the people, technology, and processes involved in ICT systems,
|
| 161 |
+
services, and architectures
|
| 162 |
+
c. provide technical clearance for ICT procurement, investments and projects
|
| 163 |
+
undertaken by public institutions;
|
| 164 |
+
d. maintain a national repository of ICT assets, investments and public digital
|
| 165 |
+
infrastructure;
|
| 166 |
+
e. act as the exclusive government body empowered to coordinate the
|
| 167 |
+
development, capacity building, and certification of ICT professional
|
| 168 |
+
serving public institutions to ensure a skilled and well -managed ICT
|
| 169 |
+
workforce in the public service;
|
| 170 |
+
6
|
| 171 |
+
PAGE \* MERGEFORMAT 1 f. coordinate the implementation of national digital platforms and shared
|
| 172 |
+
services;
|
| 173 |
+
g. ensure interoperability, security, and integrity of public ICT systems;
|
| 174 |
+
h. promote research, innovation, and local content development in ICT;
|
| 175 |
+
i. monitor compliance and enforce sanctions for breaches under this Act;
|
| 176 |
+
j. advise the Minister on ICT development and regulation in Ghana and lead
|
| 177 |
+
the review of the national ICT policy;
|
| 178 |
+
k. regulate th e use of emerging technologies;
|
| 179 |
+
l. maintain a register of ICT personnel in the public service;
|
| 180 |
+
m. regulate ICT associations and related professional bodies;
|
| 181 |
+
n. coordinate the development and enforcement of safeguards to ensure the
|
| 182 |
+
responsible and secure use of technology in the country;
|
| 183 |
+
o. coordinat e the implementation of anti -trust policies to safeguard fair
|
| 184 |
+
competition and prevent monopolies within the ICT ecosystem in Ghana;
|
| 185 |
+
p. perform the functions of the certifying Agency established under the
|
| 186 |
+
Electronic Transactions Act, 2025 (Act …);
|
| 187 |
+
q. coordinate the systematic implementation and monitoring of the national
|
| 188 |
+
information and communications technology policy;
|
| 189 |
+
r. coordinate the implementation and enforcement of the provisions of this
|
| 190 |
+
Act, the Electronic Transactions Act, 2025 (Act …);and regulations made
|
| 191 |
+
under this Act;
|
| 192 |
+
s. resolve matters that involve domain names between the Domain Name
|
| 193 |
+
Registrar under the Electronic Transactions Act 2025 ( Act….) in
|
| 194 |
+
accordance with the provisions of this Act;
|
| 195 |
+
t. maintain registers for approvals given for equipment under the Electronic
|
| 196 |
+
Transactions Act 2025 ( Act….);
|
| 197 |
+
u. provide access to registers for licences, applications for licences and
|
| 198 |
+
approvals for equipment except where commercial confidentiality does not
|
| 199 |
+
allow for access;
|
| 200 |
+
v. collect fees and other charges to be paid to the Authority under this Act;
|
| 201 |
+
w. investigate and resolve disputes between licence holders under the
|
| 202 |
+
Electronic Transactions Act 2025 ( Act….) referred to the Authority by
|
| 203 |
+
licence holders;
|
| 204 |
+
x. investigate complaints by users who fail to obtain redress from a licence
|
| 205 |
+
holder;
|
| 206 |
+
y. carry out investigations on the conduct of persons at the Authority’s own
|
| 207 |
+
initiative or at the request of another person to determine whether any person
|
| 208 |
+
is engaging in acts contrary to the provisions of this Act;
|
| 209 |
+
z. establish quality of service indicators and reporting requirements that apply
|
| 210 |
+
to licence holders under the Electronic Transactions Act 2025 ( Act….);
|
| 211 |
+
aa. issue and publish on its website and in the Gazette necessary guidelines and
|
| 212 |
+
standards;
|
| 213 |
+
bb. obtain from persons the necessary information for the performance of its
|
| 214 |
+
functions;
|
| 215 |
+
cc. carry out investigations and determine complaints that involve anti -
|
| 216 |
+
competitive, price -fixing and unfair trade practices by persons under the
|
| 217 |
+
Electronic Transactions Act 2025 ( Act….);
|
| 218 |
+
dd. formulate the strategy of the Authority;
|
| 219 |
+
ee. ensure that the policy directions given by the Minister are implemented;
|
| 220 |
+
ff. ensure high standards of propriety within the Authority;
|
| 221 |
+
7
|
| 222 |
+
PAGE \* MERGEFORMAT 1 gg. promote efficiency and effective use of resources and staff of the Authority;
|
| 223 |
+
hh. establish the policy and resource framework for the operations and the
|
| 224 |
+
overall strategic direction of the Authority;
|
| 225 |
+
ii. ensure that the principles of good corporate governance are complied with;
|
| 226 |
+
and
|
| 227 |
+
jj. perform any other function necessary to achieve its object.
|
| 228 |
+
(2) In discharging its functions, the Authority shall take into account the following:
|
| 229 |
+
(a) the principle that regulatory activities should be transparent,
|
| 230 |
+
accountable, proportionate, consistent and targeted only at cases in which action
|
| 231 |
+
is needed;
|
| 232 |
+
(b) any other principle that represents best regulatory practice;
|
| 233 |
+
(c) the protection of the interests of consumers under the Electronic
|
| 234 |
+
Transactions Act 2025 ( Act….) as regards the choice, price, quality of service
|
| 235 |
+
and value for money;
|
| 236 |
+
(d) the needs of persons who are physically challenged, the elderly and
|
| 237 |
+
those on low incomes;
|
| 238 |
+
(e) the opinions of consumers and of members of the public generally; and
|
| 239 |
+
(f) the different interests of persons living in rural and urban areas.
|
| 240 |
+
Powers of the Authority
|
| 241 |
+
4. The Authority may exercise the following powers
|
| 242 |
+
(a) enter into a contract for the supply of goods and services;
|
| 243 |
+
(b) invest the funds of the Authority that are not immediately required for
|
| 244 |
+
the performance of its functions and ensure the judicious use of the funds,
|
| 245 |
+
with the prior written approval of the Minister responsible for Finance;
|
| 246 |
+
(c) publish information that is relevant to its functions and activities in a
|
| 247 |
+
manner that it considers appropriate;
|
| 248 |
+
(d) promote and where necessary fund the training of persons for the
|
| 249 |
+
information and communications technology industry;
|
| 250 |
+
(e) undertake research and development work related to its functions; and
|
| 251 |
+
(f) promote research and the development by other persons of the ICT
|
| 252 |
+
industry.
|
| 253 |
+
Regulatory and best practice of the Authority
|
| 254 |
+
5. The Authority shall in the performance of its functions have regard to
|
| 255 |
+
(a) the principles of transparency, accountability, proportionality, innovation -
|
| 256 |
+
enablement, and consistency in ICT regulation;
|
| 257 |
+
(b) best regulatory practices relevant to information and communications
|
| 258 |
+
technology and digital governance;
|
| 259 |
+
(c) the protection of the rights and interests of users of public digital services,
|
| 260 |
+
with particular attention to user choice, data protection, quality of service,
|
| 261 |
+
and value for money;
|
| 262 |
+
(d) the environmental impact of ICT infrastructure, digital devices, and e -waste
|
| 263 |
+
management in the deployment of public ICT systems;
|
| 264 |
+
(e) the promotion of inclusive competition and local innovation, including
|
| 265 |
+
incentives for Ghanaian technology firms and start -ups in the ICT
|
| 266 |
+
ecosystem;
|
| 267 |
+
8
|
| 268 |
+
PAGE \* MERGEFORMAT 1 (f) the need for interoperability, digital inclusion, and equitable access,
|
| 269 |
+
especially for persons with disabilities, women, rural populations, the
|
| 270 |
+
elderly, and vulnerable groups;
|
| 271 |
+
(g) the views and feedback of public institutions, civil society, and end -users of
|
| 272 |
+
government digital services;
|
| 273 |
+
(h) the interests of both urban and rural communities in the planning and
|
| 274 |
+
deployment of ICT infrastructure;
|
| 275 |
+
(i) any applicable international ICT standards and best practices, including
|
| 276 |
+
those developed by the International Organization for Standardization
|
| 277 |
+
(ISO), International Telecommunication Union (ITU), World Wide Web
|
| 278 |
+
Consortium (W3C), and relevant multilateral co nventions ratified by Ghana.
|
| 279 |
+
Governing body of the Authority
|
| 280 |
+
6.(1) The governing body of the Authority is a Board of Directors consisting of
|
| 281 |
+
(a) a chairperson nominated by the President;
|
| 282 |
+
(b) one representative of the Ministry responsible for Communication, Digital
|
| 283 |
+
Technology, and Innovations, not below the rank of Director;
|
| 284 |
+
(c) one representative of the Ministry of Finance, not below the rank of
|
| 285 |
+
Director;
|
| 286 |
+
(d) the Director -General of the Authority;
|
| 287 |
+
(e) one representative from a recognised ICT professional body, nominated by
|
| 288 |
+
the executive body of that professional association;
|
| 289 |
+
(f) two persons with expertise in digital innovation, ICT, governance, or law,
|
| 290 |
+
nominated by the President;
|
| 291 |
+
(g) one person with expertise in digital innovation, ICT, governance, or IT law
|
| 292 |
+
nominated by the Minister responsible for Gender or Social Protection;
|
| 293 |
+
(h) one lawyer with expertise in digital economy or ICT law.
|
| 294 |
+
(i) one representative of the National Security Council; and
|
| 295 |
+
(j) three other persons with knowledge or expertise in electronic engineering,
|
| 296 |
+
law, economics, business or public administration and at least one of
|
| 297 |
+
whom is a woman.
|
| 298 |
+
(2) At least three (3) members of the Board of Directors shall be women.
|
| 299 |
+
(3) The President shall, in accordance with article 70 of the Constitution, appoint the
|
| 300 |
+
chairperson and other members of the Board of Directors.
|
| 301 |
+
Functions of the Board of Directors
|
| 302 |
+
7. The Board of Directors shall
|
| 303 |
+
(a) exercise general oversight responsibility for the strategic direction of the
|
| 304 |
+
Authority;
|
| 305 |
+
(b) ensure the achievement of the object of the Authority; and
|
| 306 |
+
(c) ensure the effective and efficient performance of the functions of the
|
| 307 |
+
Authority.
|
| 308 |
+
Duties and liabilities of a member of the Board of Directors
|
| 309 |
+
8 (1) A member of the Board of Directors has the same fiduciary relationship with the
|
| 310 |
+
Authority and the same duty to act with loyalty and in good faith as a director of a
|
| 311 |
+
company incorporated under the Companies Act, 2019 (Act 992).
|
| 312 |
+
9
|
| 313 |
+
PAGE \* MERGEFORMAT 1
|
| 314 |
+
(2) Without limiting subsection (1), a member of the Board of Directors has a duty
|
| 315 |
+
(a) to act honestly and in the best interest of the Authority in the
|
| 316 |
+
performance of the functions of the Authority;
|
| 317 |
+
(b) to exercise the degree of care and diligence in the performance of
|
| 318 |
+
functions that a person in that position would reasonably be expected to exercise
|
| 319 |
+
in the circumstances;
|
| 320 |
+
(c) not to disclose information acquired in the capacity of the member as a
|
| 321 |
+
member of the Board of Directors to any person or make use of that information,
|
| 322 |
+
except in the performance of functions;
|
| 323 |
+
(d) not to abuse the position of the office; and
|
| 324 |
+
(e) not to pursue personal interests at the expense of the Authority.
|
| 325 |
+
(3) A member of the Board of Directors, other than the Director General, shall not
|
| 326 |
+
participate in the day -to-day running of the Authority.
|
| 327 |
+
(4) Where a court determines that the Authority has suffered a loss or damage as a
|
| 328 |
+
result of the act or omission of a member of the Board of Directors, the court may, in
|
| 329 |
+
addition to imposing a fine, order the member to pay appropriate compensation to the
|
| 330 |
+
Autho rity.
|
| 331 |
+
Tenure of office of members of the Board of Directors
|
| 332 |
+
9 (1) A member of the Board of Directors shall hold office for a period of four years and
|
| 333 |
+
is eligible for reappointment for another term only.
|
| 334 |
+
(2) Subsection (1) does not apply to the Director General.
|
| 335 |
+
(3) A member of the Board of Directors may, at any time, resign from office in
|
| 336 |
+
writing, addressed to the President through the Minister.
|
| 337 |
+
(4) A member of the Board of Directors, other than the Director General, who is
|
| 338 |
+
absent from three consecutive meetings of the Board of Directors without sufficient
|
| 339 |
+
cause ceases to be a member of the Board of Directors.
|
| 340 |
+
(5) The President may, by letter addressed to a member, revoke the appointment of
|
| 341 |
+
that member.
|
| 342 |
+
(6) Where a member of the Board of Directors is, for a sufficient reason unable to
|
| 343 |
+
act as a member, the Minister shall determine whether the inability of the member to
|
| 344 |
+
act would result in the declaration of a vacancy.
|
| 345 |
+
(7) Where there is a vacancy
|
| 346 |
+
(a) under subsection (3), (4), (5), or subsection (2) of section 11,
|
| 347 |
+
(b) as a result of a declaration under subsection (6),
|
| 348 |
+
(c) under subsection (3) of section 12; or
|
| 349 |
+
(d) by reason of the death of a member,
|
| 350 |
+
10
|
| 351 |
+
PAGE \* MERGEFORMAT 1 the Minister shall notify the President of the vacancy and the President shall appoint another
|
| 352 |
+
person to fill the vacancy for the unexpired term.
|
| 353 |
+
Meetings of the Board of Directors
|
| 354 |
+
10 (1) The Board of Directors shall meet at least once every three months for the conduct
|
| 355 |
+
of business at a time and place determined by the chairperson.
|
| 356 |
+
(2) The chairperson shall, at the request in writing of not less than one -third of the
|
| 357 |
+
membership of the Board of Directors, convene an extraordinary meeting of the Board
|
| 358 |
+
of Directors at a time and place determined by the chairperson.
|
| 359 |
+
(3) The quorum for a meeting of the Board of Directors is seven members.
|
| 360 |
+
(4) The chairperson shall preside at meetings of the Board of Directors and in the
|
| 361 |
+
absence of the chairperson, a member of the Board of Directors elected by the members
|
| 362 |
+
present from among their number shall preside.
|
| 363 |
+
(5) Matters before the Board of Directors shall be decided by a majority of the members
|
| 364 |
+
present and voting and in the event of an equality of votes, the person presiding shall
|
| 365 |
+
have a casting vote.
|
| 366 |
+
(6) The Board of Directors may co -opt a person to attend a meeting of the Board of
|
| 367 |
+
Directors but that person shall not vote on a matter for decision at the meeting.
|
| 368 |
+
(7) The proceedings of the Board of Directors shall not be invalidated by reason of a
|
| 369 |
+
vacancy among the members or a defect in the appointment or qualification of a
|
| 370 |
+
member
|
| 371 |
+
(8) Subject to this section, the Board of Directors may determine the procedure for the
|
| 372 |
+
meeting of the Board of Directors.
|
| 373 |
+
Disclosure of interest
|
| 374 |
+
11.(1) A member of the Board of Directors who has an interest in a matter for
|
| 375 |
+
consideration by the Board
|
| 376 |
+
(a) shall disclose in writing the nature of that interest and the disclosure
|
| 377 |
+
shall form part of the record of the consideration of the matter; and
|
| 378 |
+
(b) is disqualified from being present at or participating in the
|
| 379 |
+
deliberations of the Board of Directors in respect of that matter.
|
| 380 |
+
(2) A member ceases to be a member of the Board of Directors if that member has an
|
| 381 |
+
interest in a matter before the Board of Directors and
|
| 382 |
+
(a) fails to disclose that interest; or
|
| 383 |
+
(b) is present at or participates in the deliberations of the Board of
|
| 384 |
+
Directors in respect of that matter.
|
| 385 |
+
(3) Without limiting any further cause of action that may be instituted against the
|
| 386 |
+
member, the Board of Directors shall recover any benefit derived by a member who
|
| 387 |
+
11
|
| 388 |
+
PAGE \* MERGEFORMAT 1 contravenes subsection (1), in addition to the revocation of the appointment of the
|
| 389 |
+
member.
|
| 390 |
+
Declaration of registrable interests
|
| 391 |
+
12. (1) Each member of the Board shall, prior to taking office, submit to the Authority
|
| 392 |
+
a written declaration of that member's registrable interest whether directly or indirectly
|
| 393 |
+
owned by the member.
|
| 394 |
+
(2) A member of the Board shall inform the Authority of any change in respect of that
|
| 395 |
+
member's registrable interest from the date of the change.
|
| 396 |
+
(3) A member who without reasonable excuse fails to declare a registrable interest, or
|
| 397 |
+
knowingly makes a false declaration, contravenes subsections (1) and (2), ceases to be
|
| 398 |
+
a member of the Board and the appointment of the member to the Board shall be
|
| 399 |
+
revoked by the President
|
| 400 |
+
Establishment of committees
|
| 401 |
+
13. (1) The Board of Directors may establish committees or advisory bodies consisting
|
| 402 |
+
of members of the Board of Directors, non -members, or both, to perform a function of
|
| 403 |
+
the Board of Directors.
|
| 404 |
+
(2) A committee composed of members and non -members of the Board of
|
| 405 |
+
Directors shall be chaired by a member of the Board of Directors.
|
| 406 |
+
(3) A committee composed exclusively of non -members may only advise the Board
|
| 407 |
+
(5) Without limiting subsection (1), the Board of Directors shall establish the
|
| 408 |
+
following committees:
|
| 409 |
+
(a) Technical Committee;
|
| 410 |
+
(b) Audit Committee; and
|
| 411 |
+
(c) Risk Committee.
|
| 412 |
+
(5) The Board of Directors shall determine the composition and functions of the
|
| 413 |
+
committees established under subsection (3).
|
| 414 |
+
(6) Section 11 applies to a member of a committee of the Board of Directors
|
| 415 |
+
Allowance
|
| 416 |
+
14.A member of the Board of Directors and members of a committee of the Board of
|
| 417 |
+
Directors shall be paid allowances and benefits approved by the Minister in consultation
|
| 418 |
+
with the Minister responsible for Finance.
|
| 419 |
+
Policy directives
|
| 420 |
+
15.(1) The Minister may give written directives to the Board of Directors on matters of
|
| 421 |
+
policy in line with the object and functions of the Authority, and the Board of Directors
|
| 422 |
+
shall comply in a manner consistent with the effective performance of the func tions of
|
| 423 |
+
the Authority.
|
| 424 |
+
12
|
| 425 |
+
PAGE \* MERGEFORMAT 1 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct
|
| 426 |
+
the Authority on specific technical or operational mattera in relation to the object and
|
| 427 |
+
functions of the Authority.
|
| 428 |
+
Independence of the Authority
|
| 429 |
+
16.Except as otherwise provided in this Act, the Authority shall not be subject to the
|
| 430 |
+
direction or control of any person or authority in the exercise of its mandate and
|
| 431 |
+
regulatory functions.
|
| 432 |
+
Administrative Provisions
|
| 433 |
+
Appointment of Director General and Deputy Director General
|
| 434 |
+
17.(1) The President shall, in accordance with article 195 of the Constitution, appoint a
|
| 435 |
+
Director -General and one Deputy Director -General for the Authority.
|
| 436 |
+
(2) The Director -General and the Deputy Director -General shall hold office on the
|
| 437 |
+
terms and conditions specified in the letters of appointment
|
| 438 |
+
(3) The Director -General shall hold office for a period of not more than four years and
|
| 439 |
+
is eligible for re -appointment.
|
| 440 |
+
Functions of the Director -General and Deputy Director -General
|
| 441 |
+
18.(1) The Director General
|
| 442 |
+
(a) is responsible for the day -to-day administration of the affairs of the
|
| 443 |
+
Authority and is answerable to the Board in the performance of the functions
|
| 444 |
+
under this Act; and
|
| 445 |
+
(b) shall ensure the implementation of the decisions of the Board of Directors.
|
| 446 |
+
(2) The Director General may delegate a function to an officer of the Authority but
|
| 447 |
+
shall not be relieved of the ultimate responsibility for the performance of the delegated
|
| 448 |
+
function.
|
| 449 |
+
(3) The Deputy Director -General shall act in the absence of the Director -General.
|
| 450 |
+
(4) The Deputy Director -General shall be assigned other responsibilities as the Board
|
| 451 |
+
may determine.
|
| 452 |
+
Secretary
|
| 453 |
+
19.(1) The President shall, on the recommendation of the Board of Directors, and in
|
| 454 |
+
accordance with article 195 of the Constitution appoint an employee, not below the
|
| 455 |
+
rank of a Deputy Director of the Authority, as Secretary of the Board of Directors.
|
| 456 |
+
(2) The Secretary shall hold office on the terms and conditions specified in the letter of
|
| 457 |
+
appointment.
|
| 458 |
+
(3) The Secretary shall be responsible for —
|
| 459 |
+
(a) recording and keeping minutes of meetings of the Board;
|
| 460 |
+
(b) maintaining records and correspondence of the Board;
|
| 461 |
+
13
|
| 462 |
+
PAGE \* MERGEFORMAT 1 (c) advising the Board on compliance with applicable laws and
|
| 463 |
+
procedures; and
|
| 464 |
+
(d) performing any other functions assigned by the Board or the Director -
|
| 465 |
+
General.facilitating the smooth operation of the decision -making and
|
| 466 |
+
reporting machinery of the Authority;
|
| 467 |
+
(e) formulating agenda for meetings with the chairperson and the
|
| 468 |
+
Director -General;
|
| 469 |
+
(f) advising the Board on
|
| 470 |
+
(i) content,
|
| 471 |
+
(ii) organisation of memoranda, or
|
| 472 |
+
(iii) presentations for Board meetings.
|
| 473 |
+
(4) The Secretary shall attend all meetings of the Board but shall not have a right to
|
| 474 |
+
vote on any matter before the Board.
|
| 475 |
+
Appointment of other staff
|
| 476 |
+
20.(1) The President shall, in accordance with article 195 of the Constitution, appoint
|
| 477 |
+
other staff of the Authority that are necessary for the effective and efficient performance
|
| 478 |
+
of the functions of the Authority.
|
| 479 |
+
(2) Other public officers may be transferred or seconded to the Authority or may
|
| 480 |
+
otherwise give assistance to the Authority.
|
| 481 |
+
(3) The Authority may, for the effective and efficient performance of the functions
|
| 482 |
+
of the Authority, engage the services of advisors and consultants on the
|
| 483 |
+
recommendations of the Board of Directors.
|
| 484 |
+
Offices, divisions, directorates, departments and units of the Authority
|
| 485 |
+
21.The Authority may establish offices, divisions, directorates, departments and units
|
| 486 |
+
of the Authority as determined by the Board of Directors for the effective and efficient
|
| 487 |
+
performance of the functions of the Authority.
|
| 488 |
+
Internal Audit Unit
|
| 489 |
+
22.(1) The Authority shall have an Internal Audit Unit in accordance with section 83 of
|
| 490 |
+
the Public Financial Management Act, 2016 (Act 921).
|
| 491 |
+
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be
|
| 492 |
+
appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
|
| 493 |
+
(3) The Internal Auditor is responsible for the internal audit of the Authority.
|
| 494 |
+
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the
|
| 495 |
+
Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
|
| 496 |
+
(a) prepare and submit to the Board of Directors a report on the internal audit
|
| 497 |
+
carried out during the period of three months immediately preceding the
|
| 498 |
+
preparation of the report; and
|
| 499 |
+
(b) make recommendations in each report with respect to matters necessary for
|
| 500 |
+
the conduct of the affairs of the Authority.
|
| 501 |
+
14
|
| 502 |
+
PAGE \* MERGEFORMAT 1
|
| 503 |
+
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the
|
| 504 |
+
Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared
|
| 505 |
+
under this section to the Director General and the chairperson of the Board of Directors .
|
| 506 |
+
Financial Provisions
|
| 507 |
+
Funds of the Authority
|
| 508 |
+
23. The funds of the Authority include —
|
| 509 |
+
(a) moneys approved by Parliament;
|
| 510 |
+
(b) a percentage of customs duties paid on imported ICT equipment, as
|
| 511 |
+
approved by Parliament;
|
| 512 |
+
(c) fees and charges that accrue to the Authority in the performance of its
|
| 513 |
+
functions under this Act;
|
| 514 |
+
(d) administrative penalties imposed and collected under this Act;
|
| 515 |
+
(e) a portion of the communications service tax, as approved by Parliament;
|
| 516 |
+
(f) a portion of the funds of the Ghana Infrastructure Investment Fund, as
|
| 517 |
+
approved by Parliament;
|
| 518 |
+
(g) a portion of fees generated from the use of the government.gov portal, as
|
| 519 |
+
approved by Parliament;
|
| 520 |
+
(h) one percent (1%) of regulatory fees on gross revenue of all ICT businesses;
|
| 521 |
+
(i) loans, grants, and donations;
|
| 522 |
+
(j) fees and charges payable under this Act or the Electronic Transactions Act,
|
| 523 |
+
2025(Act …); and
|
| 524 |
+
(k) income derived from the investment of the funds of the Authority.
|
| 525 |
+
Bank account of the Authority
|
| 526 |
+
24. Moneys for the Authority shall be paid into a bank account opened for the purpose with
|
| 527 |
+
the approval of the Controller and Accountant -General.
|
| 528 |
+
Expenses of the Authority
|
| 529 |
+
25.(1) The expenses of the Authority shall be charged on the funds of the Authority.
|
| 530 |
+
(2) Where after having defrayed the outstanding expenses, the Authority has an excess
|
| 531 |
+
amount, the Authority shall transfer that amount to the Consolidated Fund unless the
|
| 532 |
+
Minister for Finance in consultation with the Minister approves the retention by the
|
| 533 |
+
Authority of a part or the whole of that excess amount.
|
| 534 |
+
Exemption from tax
|
| 535 |
+
15
|
| 536 |
+
PAGE \* MERGEFORMAT 1 26.Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083),
|
| 537 |
+
the Authority is exempt from the payment of taxes that the Minister responsible for
|
| 538 |
+
Finance may, in writing, determine with the prior approval of Parliament.
|
| 539 |
+
Borrowing powers
|
| 540 |
+
27.(1) Subject to article 181 of the Constitution and section 76 of the Public Financial
|
| 541 |
+
Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister,
|
| 542 |
+
the Authority may borrow money from a body corporate or any other person.
|
| 543 |
+
(2) For the purposes of securing the money borrowed, the Authority may, with the
|
| 544 |
+
prior consent in writing of the Minister mortgage, charge or pledge a right, title or an
|
| 545 |
+
interest in any of the properties of the Authority.
|
| 546 |
+
Accounts and audit
|
| 547 |
+
28. (1) The Authority shall keep books, records, returns of account and other documents
|
| 548 |
+
relevant to the accounts in the form approved by the Auditor -General.
|
| 549 |
+
(2) The Board of Directors shall submit the accounts of the Authority to the Auditor -
|
| 550 |
+
General for audit within six months at the end of the financial year.
|
| 551 |
+
(3) The Auditor -General shall, within six months after the end of the immediately
|
| 552 |
+
preceding financial year, audit the accounts of the Authority and forward a copy of the
|
| 553 |
+
report to the Minister and the Board of Directors.
|
| 554 |
+
(4) The financial year of the Authority shall be the same as the financial year of the
|
| 555 |
+
Government.
|
| 556 |
+
Annual report and other reports
|
| 557 |
+
29. (1) The Board of Directors shall, within thirty days after the receipt of the audit
|
| 558 |
+
report, submit an annual report to the Minister, covering the activities and operations
|
| 559 |
+
of the Authority for the year to which the report relates.
|
| 560 |
+
(2) The annual report shall include —
|
| 561 |
+
(a) the report of the Auditor -General;
|
| 562 |
+
(b) an assessment of the targets of the Authority; and
|
| 563 |
+
(c) a summary of challenges and feedback from stakeholders and
|
| 564 |
+
recommendations to improve the efficiency and effectiveness of the Authority.
|
| 565 |
+
(3) The annual report shall be prepared in accordance with the format and content set
|
| 566 |
+
out in the Schedule to this Act.
|
| 567 |
+
(4) The Minister shall, within thirty days after the receipt of the annual report, submit
|
| 568 |
+
the report to Parliament with a statement that the Minister considers necessary.
|
| 569 |
+
(5) The Board of Directors shall submit to the Minister any other report that the Minister
|
| 570 |
+
or the Minister responsible for Communication, Digital Technology, and Innovations
|
| 571 |
+
may require in writing
|
| 572 |
+
Budget Estimates
|
| 573 |
+
16
|
| 574 |
+
PAGE \* MERGEFORMAT 1 30. The Board shall submit a budget for the operations of the Authority for the
|
| 575 |
+
following year to Parliament for approval through the Minister within three months
|
| 576 |
+
after the commencement of the financial year.
|
| 577 |
+
e-government ICT infrastructure operator
|
| 578 |
+
Establishment of the e -government ICT infrastructure company
|
| 579 |
+
31. (1) The Minister shall ensure the incorporation of a company to be licensed by the
|
| 580 |
+
Authority as the Government e -government ICT infrastructure operator within six
|
| 581 |
+
months of the coming into force of this Act.
|
| 582 |
+
(2) The company shall be governed by an independent board consisting of
|
| 583 |
+
representatives from:
|
| 584 |
+
(a) the Ministry,
|
| 585 |
+
(b) the Authority,
|
| 586 |
+
(c) the private sector, and
|
| 587 |
+
(d) civil society and academia with expertise in digital infrastructure.
|
| 588 |
+
Object of the Company
|
| 589 |
+
32 (1) The object of the Company is to deploy, maintain, and manage e -government
|
| 590 |
+
infrastructure and platforms for the public sector, including —
|
| 591 |
+
(a) government data centers;
|
| 592 |
+
(b) cloud hosting environments for public institutions;
|
| 593 |
+
(c) platforms for national digital identity services;
|
| 594 |
+
(d) shared government systems and digital services; and
|
| 595 |
+
(e) enterprise software solutions deployed solely for e -government purposes.
|
| 596 |
+
Use of Funds
|
| 597 |
+
33 (1) The Company shall apply its funds to
|
| 598 |
+
(a) develop and maintain secure and interoperable digital infrastructure for
|
| 599 |
+
government use,
|
| 600 |
+
(b) invest in cloud computing, cybersecurity systems, and business continuity
|
| 601 |
+
solutions,
|
| 602 |
+
(c) reduce dependence on external contractors for critical ICT systems, and
|
| 603 |
+
17
|
| 604 |
+
PAGE \* MERGEFORMAT 1 (d)provide services to public institutions under agreed service level agreements
|
| 605 |
+
(SLAs).
|
| 606 |
+
Reports and audits
|
| 607 |
+
34The Company shall:
|
| 608 |
+
(a) submit quarterly financial and operational performance reports to the Authority;
|
| 609 |
+
(b) undergo annual audits by the Auditor -General or an auditor approved by the
|
| 610 |
+
Authority, and
|
| 611 |
+
(c) be subject to technical audits and performance reviews conducted by the
|
| 612 |
+
Authority.
|
| 613 |
+
Licensing Provisions
|
| 614 |
+
Requirement for licence
|
| 615 |
+
35. (1) A person shall not engage in a business or a related activity in the ICT sector
|
| 616 |
+
unless that person has been granted a licence by the Authority.
|
| 617 |
+
(2) For the purpose of subsection (1), a business or a related activity in the
|
| 618 |
+
information and communications technology sector includes
|
| 619 |
+
(a) the installation of ICT infrastructure;
|
| 620 |
+
(b) the development or provision of ICT products and services; and
|
| 621 |
+
(c) all activities requiring licensing or certification under this Act.
|
| 622 |
+
(3) The Authority shall determine the mode of operations for the activities permitted
|
| 623 |
+
under this section.
|
| 624 |
+
(4) A person who engages in a business or other related activity under this Act or
|
| 625 |
+
Regulations made under this Act without a licence commits an offence and is liable on
|
| 626 |
+
summary conviction to a fine of not less than two thousand penalty units and not more
|
| 627 |
+
than five thousand penalty units or to a term of imprisonment of not less than six months
|
| 628 |
+
and not more than two years, or to both.
|
| 629 |
+
Categories of licences
|
| 630 |
+
36. (1) The Authority may issue the following categories of licences to a person
|
| 631 |
+
engaged in a business or related activity in ICT sector
|
| 632 |
+
(a) Public/commercial ICT Infrastructure Licence;
|
| 633 |
+
(b) Cloud Hosting Service Licence;
|
| 634 |
+
(c) Software as a Service (SaaS) Provider Licence;
|
| 635 |
+
(d) Government Digital Services Partnership Licence;
|
| 636 |
+
(e) National Digital Platform Operator Licence;
|
| 637 |
+
(f) Data Centre Operator Licence;
|
| 638 |
+
(g) Any other categories of licences as determined by the Authority.
|
| 639 |
+
(2) The Authority shall publish the terms and conditions of each licence category
|
| 640 |
+
in the Gazette.
|
| 641 |
+
18
|
| 642 |
+
PAGE \* MERGEFORMAT 1 (3) The Authority may, by regulations, expand, modify or repeal any category of
|
| 643 |
+
licence as may be necessary.
|
| 644 |
+
Qualification for licence
|
| 645 |
+
37. (1) A person qualifies to apply for a licence under this Act if that person is
|
| 646 |
+
(a) a citizen of eighteen years or above; or
|
| 647 |
+
(b) a company, a partnership, an association or other body, whether incorporated
|
| 648 |
+
or unincorporated, which is wholly owned by a citizen.
|
| 649 |
+
Application for licence
|
| 650 |
+
38.(1) A person who qualifies under section 37 shall
|
| 651 |
+
(a) apply for a licence to the Authority in the prescribed form; and
|
| 652 |
+
(b) comply with the prescribed requirements.
|
| 653 |
+
(2) An application under subsection (1) shall be accompanied with the prescribed
|
| 654 |
+
fee.
|
| 655 |
+
Consideration of an application for licence
|
| 656 |
+
39. The Authority shall, within ten days of receipt of an application, consider the
|
| 657 |
+
application.
|
| 658 |
+
Grant of licence
|
| 659 |
+
40.(1) Where the Authority is satisfied that an applicant has met the
|
| 660 |
+
requirements for the grant of a licence, the Authority shall
|
| 661 |
+
(a) approve the application and issue the applicant with a licence in the
|
| 662 |
+
prescribed form; and
|
| 663 |
+
(b) within sixty days, communicate the decision in writing to the applicant.
|
| 664 |
+
(2) Despite subsection (1), the Authority may refuse an application for a licence
|
| 665 |
+
where
|
| 666 |
+
(a) it is against the public interest, public safety or public security; or
|
| 667 |
+
(b) the applicant fails to comply with a directive of the Authority
|
| 668 |
+
(3) The Authority shall communicate the reason for the refusal of an application to
|
| 669 |
+
the applicant.
|
| 670 |
+
Validity and renewal of licence.
|
| 671 |
+
41.(1) A licence issued under this Act is valid for the period specified in the licence and
|
| 672 |
+
may be renewed.
|
| 673 |
+
(2) An application for renewal of a licence shall
|
| 674 |
+
(a) be made to the Authority in the prescribed manner;
|
| 675 |
+
19
|
| 676 |
+
PAGE \* MERGEFORMAT 1
|
| 677 |
+
(b)comply with the conditions for renewal as specified in the licence and
|
| 678 |
+
guidelines issued by the Authority; and
|
| 679 |
+
(c) be accompanied with the prescribed fee.
|
| 680 |
+
(3) The Authority may refuse to renew a licence where
|
| 681 |
+
(a) the ICT service provider fails to comply with the terms and conditions of the
|
| 682 |
+
licence;
|
| 683 |
+
(b) the ICT service provider fails to pay in full the prescribed fee for the renewal
|
| 684 |
+
of the licence;
|
| 685 |
+
(c) the ICT service provider fails to use the licence for the intended purpose one
|
| 686 |
+
year after issuance;
|
| 687 |
+
(d) the ICT service provider uses falsified documents in an application for the
|
| 688 |
+
licence;
|
| 689 |
+
(e) the ICT service provider fails to comply with the provisions of this Act or
|
| 690 |
+
Regulations made under this Act;
|
| 691 |
+
(f) the continued operation of the business or related activity in the ICT sector
|
| 692 |
+
poses a risk to public health, public safety or public security;
|
| 693 |
+
(g) the services provided by the ICT service provider have deteriorated below
|
| 694 |
+
the required standards;
|
| 695 |
+
(h) an offence under this Act or Regulations made under this Act is being
|
| 696 |
+
investigated in relation to the ICT service provider;
|
| 697 |
+
(i) the ICT service provider fails to honour a financial obligation to the
|
| 698 |
+
Authority or another public institution regarding sanctions, penalties, levies and
|
| 699 |
+
taxes; or
|
| 700 |
+
(j) the ICT service provider fails to comply with a directive of the Authority.
|
| 701 |
+
Non-transferability of licence
|
| 702 |
+
42. (1) A licence granted under this Act is not transferable except with the prior
|
| 703 |
+
written approval of the Authority.
|
| 704 |
+
(2) A person who transfers a licence contrary to subsection (1) commits an offence
|
| 705 |
+
and is liable on summary conviction to a fine of not less than fifty thousand penalty
|
| 706 |
+
units and not more than two hundred thousand penalty units or to a term of
|
| 707 |
+
impris onment of not less than five years and not more than ten years or to both and in
|
| 708 |
+
addition the Authority shall revoke the licence of that person.
|
| 709 |
+
Suspension of licence
|
| 710 |
+
43. (1) The Authority may suspend a licence issued under this Act where
|
| 711 |
+
(a) the ICT service provider fails to comply with the terms and
|
| 712 |
+
conditions of the licence;
|
| 713 |
+
(b) the ICT service provider fails to use the licence for the intended
|
| 714 |
+
purpose one year after the issuance of the licence;
|
| 715 |
+
c) the ICT service provider uses a falsified document in an application
|
| 716 |
+
for the licence;
|
| 717 |
+
(d)the ICT service provider fails to comply with the provisions of this
|
| 718 |
+
Act or Regulations made under this Act;
|
| 719 |
+
20
|
| 720 |
+
PAGE \* MERGEFORMAT 1
|
| 721 |
+
(e) the continued operation of the business or commercial activity of the
|
| 722 |
+
ICT service provider poses a risk to public health, public safety or public
|
| 723 |
+
security;
|
| 724 |
+
(f) the services provided by the ICT service provider have deteriorated
|
| 725 |
+
below the required standards;
|
| 726 |
+
(g) an offence under this Act or Regulations made under this Act in
|
| 727 |
+
relation to the ICT service provider is being investigated;
|
| 728 |
+
(h) the ICT service provider fails to honour a financial obligation to the
|
| 729 |
+
Authority or another public institution regarding sanctions, penalties,
|
| 730 |
+
levies and taxes;
|
| 731 |
+
(i) the ICT service provider fails to comply with a directive of the
|
| 732 |
+
Authority; or
|
| 733 |
+
(i) the ICT service provider
|
| 734 |
+
(i) becomes insolvent or bankrupt;
|
| 735 |
+
(ii) enters into an arrangement or scheme of composition with
|
| 736 |
+
the creditors of the ICT service provider; or
|
| 737 |
+
(iii) takes advantage of an enactment for the benefit of the
|
| 738 |
+
debtors of the ICT service provider or goes into liquidation,
|
| 739 |
+
except as part of a scheme for an arrangement or amalgamation.
|
| 740 |
+
(2) The Authority shall, before suspending a licence,
|
| 741 |
+
(a) give the ICT service provider fifteen days' notice in writing of the intention to suspend the
|
| 742 |
+
licence;
|
| 743 |
+
(b) specify in the notice the reasons for the intended suspension; and
|
| 744 |
+
(c) give an opportunity to the ICT service provider to make a written representation within ten
|
| 745 |
+
days of receipt of the notice or remedy the breach if the breach is capable of remedy.
|
| 746 |
+
Restoration of suspended licence
|
| 747 |
+
44. (1) The Authority may restore a suspended licence if the ICT service provider remedies the
|
| 748 |
+
breach in the manner specified by the Authority.
|
| 749 |
+
(2) The Authority shall restore a licence of a ICT service provider within sixty days of the ICT
|
| 750 |
+
service provider remedying the breach that resulted in the suspension.
|
| 751 |
+
(3) Where the Authority restores the licence of a ICT service provider, the Authority shall
|
| 752 |
+
reinstate the name of the ICT products and service provider in the register of ICT products and
|
| 753 |
+
service providers.
|
| 754 |
+
Revocation of licence
|
| 755 |
+
45. (1) The Authority may revoke the licence of a ICT service provider, where the licence
|
| 756 |
+
of the ICT service provider has been suspended and the ICT service provider fails to remedy
|
| 757 |
+
the breach that resulted in the suspension.
|
| 758 |
+
(2) The Authority shall, before revoking a licence,
|
| 759 |
+
(a)give the ICT service provider fifteen days' notice in writing of the intention to revoke the
|
| 760 |
+
licence;
|
| 761 |
+
21
|
| 762 |
+
PAGE \* MERGEFORMAT 1 (b) specify in the notice the reasons for the intended revocation; and
|
| 763 |
+
(c) give an opportunity to the ICT service provider to make a written representation within ten
|
| 764 |
+
days of receipt of the notice or remedy the breach within twenty -one days if the breach is
|
| 765 |
+
capable of remedy.
|
| 766 |
+
Certification of ICT Professionals
|
| 767 |
+
46.(1) A person shall not be appointed as an ICT professional in a public or private institution
|
| 768 |
+
unless that person is certified by the Authority.
|
| 769 |
+
(2) The Authority shall determine the criteria and procedure for the certification of ICT
|
| 770 |
+
professionals.
|
| 771 |
+
Register of ICT products and service providers
|
| 772 |
+
47.(1) The Authority shall establish and maintain a register of ICT products and service
|
| 773 |
+
providers in which the Authority shall record
|
| 774 |
+
(a) the names and particulars of ICT products and service providers issued with licences under
|
| 775 |
+
this Act;
|
| 776 |
+
(b) the categories of licences issued to ICT products and service providers;
|
| 777 |
+
(c) licence applications;
|
| 778 |
+
(d) equipment approvals;
|
| 779 |
+
(e) infrastructure service providers; and
|
| 780 |
+
(f) any other information that the Authority may determine.
|
| 781 |
+
(2) The Authority shall update the register of ICT products and service providers every six
|
| 782 |
+
months.
|
| 783 |
+
Closure of Premises or Facility by the Authority
|
| 784 |
+
Closure of premises or facility
|
| 785 |
+
48.(1) The Authority may close down the operations of any premises or a facility used for a
|
| 786 |
+
business or related activity in the ICT sector where
|
| 787 |
+
(a) the continued operation of the business or related activity poses a risk to public health,
|
| 788 |
+
public safety, public security or the environment;
|
| 789 |
+
(b) the services provided by the ICT provider have deteriorated below the required standard;
|
| 790 |
+
(c) the ICT service provider fails to comply with any of the terms and conditions of the licence;
|
| 791 |
+
or
|
| 792 |
+
(d) the provisions of this Act or Regulations made under this Act are not being complied with.
|
| 793 |
+
(2) The Authority shall, before closing down the operations of any premises or facility
|
| 794 |
+
(a) give the ICT service provider fifteen days' notice in writing of the intention to close down
|
| 795 |
+
the operations of the premises or facility; and
|
| 796 |
+
(b) specify in the notice the reason for the intended closure.
|
| 797 |
+
(3) Despite subsection (2), where the operation of premises or a facility poses imminent danger
|
| 798 |
+
to public health, public safety, public security or is injurious to the public interest, the Authority
|
| 799 |
+
may take necessary interim measures including
|
| 800 |
+
(a) the immediate seizure of ICT products or equipment;
|
| 801 |
+
(b) the suspension of the business or related activities; or
|
| 802 |
+
(c) the closure of the premises or facility.
|
| 803 |
+
(4) The Authority shall issue guidelines to govern the exercise of the powers of the Authority
|
| 804 |
+
under this section.
|
| 805 |
+
Sale, Merger, Amalgamation and Alteration of the Nature of Business
|
| 806 |
+
22
|
| 807 |
+
PAGE \* MERGEFORMAT 1 Sale, merger, amalgamation and alteration of nature of business by ICT service provider
|
| 808 |
+
49.(1) An ICT service provider shall not enter into an agreement or arrangement for
|
| 809 |
+
(a) the sale, disposal or transfer of the whole or part of the business of the ICT service provider,
|
| 810 |
+
(b) the amalgamation or merger of the business of the ICT service provider with another ICT
|
| 811 |
+
service provider, or
|
| 812 |
+
(c) the alteration of the business of the ICT service provider,
|
| 813 |
+
except with the prior written approval of the Authority.
|
| 814 |
+
(2) Despite the provisions specified in the Companies Act, 2019 (Act 992) a sale, merger,
|
| 815 |
+
amalgamation or the alteration of the nature of a business which involves an ICT service
|
| 816 |
+
provider shall not take effect unless approved by the Authority.
|
| 817 |
+
(3) A person who acquires shares of a ICT service provider in connection with a sale, merger,
|
| 818 |
+
or amalgamation shall meet the requirements of this Act before applying for approval under
|
| 819 |
+
the Securities Industry Act, 2016 (Act 929).
|
| 820 |
+
(4) An agreement or arrangement entered into in contravention of subsection (1) is null and
|
| 821 |
+
void.
|
| 822 |
+
Performance Standards and Specifications
|
| 823 |
+
Performance standards
|
| 824 |
+
50.The Authority shall
|
| 825 |
+
(a) develop performance standards in the ICT sector;
|
| 826 |
+
(b) publish the performance standards in the Gazette; and
|
| 827 |
+
(c) enforce the performance standards in the ICT sector.
|
| 828 |
+
Specifications for ICT products and services
|
| 829 |
+
51. The Authority shall
|
| 830 |
+
(a) set specifications for ICT products and services; and
|
| 831 |
+
(b) publish the specifications in the Gazette.
|
| 832 |
+
Compliance Monitoring and Technical Clearance
|
| 833 |
+
52. (1) The Authority shall monitor the activities of licensees and certified persons to ensure
|
| 834 |
+
compliance with this Act.
|
| 835 |
+
(2) A public institution shall obtain technical clearance from the Authority before undertaking
|
| 836 |
+
any major ICT procurement or deployment.
|
| 837 |
+
(3) The Authority may issue guidelines to define the thresholds for what constitutes a major
|
| 838 |
+
ICT project requiring technical clearance.
|
| 839 |
+
National Digital Architecture
|
| 840 |
+
53(1) The Authority shall develop and maintain a National Digital Architecture to guide the
|
| 841 |
+
deployment and integration of ICT systems across the public sector.
|
| 842 |
+
(2) The architecture shall include standards for data exchange, interoperability, cybersecurity,
|
| 843 |
+
user authentication, and shared platforms.
|
| 844 |
+
ICT Project Registry
|
| 845 |
+
54.(1) The Authority shall establish and maintain an ICT Project Registry to record all public
|
| 846 |
+
sector ICT projects.
|
| 847 |
+
(2) A public institution shall register a project before initiating procurement or implementation.
|
| 848 |
+
(3) The Authority may review registered projects to ensure alignment with national priorities
|
| 849 |
+
and standards.
|
| 850 |
+
23
|
| 851 |
+
PAGE \* MERGEFORMAT 1 Shared Services and Infrastructure
|
| 852 |
+
55.(1) The Authority shall coordinate the deployment of shared ICT infrastructure and services
|
| 853 |
+
for public institutions.
|
| 854 |
+
(2) Shared services shall include hosting platforms, security frameworks, and cross -sectoral
|
| 855 |
+
digital tools.
|
| 856 |
+
(3) A public institution shall use shared services designated by the Authority unless otherwise
|
| 857 |
+
exempted in writing.
|
| 858 |
+
Audit and Standards for Public ICT
|
| 859 |
+
56. (1) The Authority shall conduct periodic audits of public ICT systems to assess compliance
|
| 860 |
+
with prescribed standards.
|
| 861 |
+
(2) The Authority may issue improvement plans to public institutions based on audit findings.
|
| 862 |
+
(3) An institution that fails to implement an improvement plan commits an administrative
|
| 863 |
+
breach and shall pay to the Authority an administrative penalty of not less than five thousand
|
| 864 |
+
and not more than ten thousand penalty units.
|
| 865 |
+
Performance Monitoring and Reporting
|
| 866 |
+
57.(1) The Authority shall develop a framework for monitoring performance indicators for
|
| 867 |
+
digital governance.
|
| 868 |
+
(2) Each public institution shall submit periodic ICT performance reports in a manner directed
|
| 869 |
+
by the Authority.
|
| 870 |
+
(3) The Authority shall compile an annual Public Sector Digital Index Report for submission
|
| 871 |
+
to the Minister and publication.
|
| 872 |
+
(4) The Authority shall maintain a register of certified professionals and may suspend or revoke
|
| 873 |
+
certification for misconduct or breach of standards.
|
| 874 |
+
ICT Performance Standards and Certification Tiers
|
| 875 |
+
58. (1) The Authority shall prescribe and enforce ICT performance standards and certification
|
| 876 |
+
tiers for infrastructure, services, and professionals.
|
| 877 |
+
(2) Certification tiers shall reflect levels of security, interoperability, reliability, and user
|
| 878 |
+
accessibility.
|
| 879 |
+
(3) A public institution shall procure ICT services and systems only from providers certified
|
| 880 |
+
by the Authority at a prescribed tier.
|
| 881 |
+
Capacity Building and Local Innovation Support
|
| 882 |
+
59. (1) The Authority shall implement programmes for the training and professional
|
| 883 |
+
development of ICT officers in the public sector.
|
| 884 |
+
(2) The Authority shall promote partnerships with technology firms, start -ups, and academia
|
| 885 |
+
to support indigenous ICT innovation.
|
| 886 |
+
Regulatory Sandbox for ICT Innovation
|
| 887 |
+
60.(1) The Authority shall establish a Regulatory Sandbox Framework to allow eligible
|
| 888 |
+
innovators to test new ICT products, services, business models, or delivery mechanisms in a
|
| 889 |
+
controlled environment, subject to defined parameters and duration.
|
| 890 |
+
(2) A person or entity that qualifies for participation in the sandbox shall receive temporary
|
| 891 |
+
regulatory reliefs as determined by the Authority.
|
| 892 |
+
(3) The Authority shall issue guidelines governing the eligibility, application, monitoring, exit,
|
| 893 |
+
and evaluation criteria for participation in the Regulatory Sandbox.
|
| 894 |
+
24
|
| 895 |
+
PAGE \* MERGEFORMAT 1 (4) Participation in the sandbox shall not exempt a person from obligations under data
|
| 896 |
+
protection, consumer protection, and anti -money laundering laws, unless explicitly provided
|
| 897 |
+
for by the Authority.
|
| 898 |
+
Risk -Based and Principles -Oriented Approach
|
| 899 |
+
61.(1) The Authority shall exercise its regulatory functions using a risk -based and principles -
|
| 900 |
+
oriented approach, focusing on the outcomes of compliance, consumer protection, security, and
|
| 901 |
+
innovation facilitation.
|
| 902 |
+
(2) The Authority shall develop a risk categorisation model to differentiate regulatory oversight
|
| 903 |
+
based on the scale, nature, and impact of the ICT activity or service.
|
| 904 |
+
(3) In applying this Act or Regulations, the Authority shall adopt regulatory measures that are
|
| 905 |
+
proportionate to the risks posed and shall promote flexibility and innovation within the ICT
|
| 906 |
+
ecosystem.
|
| 907 |
+
Future Technologies and Adaptive Regulation
|
| 908 |
+
62.(1) The Authority shall ensure that regulatory instruments under this Act are technology -
|
| 909 |
+
neutral and do not unduly constrain innovation.
|
| 910 |
+
(2) The Authority shall periodically review its rules, standards, and procedures to accommodate
|
| 911 |
+
emerging technologies, including but not limited to artificial intelligence, blockchain, the
|
| 912 |
+
Internet of Things, cryptocurrency and cross -border cloud services.
|
| 913 |
+
Digital Inclusion and Accessibility
|
| 914 |
+
63.(1) The Authority shall promote universal and inclusive access to ICT services, with
|
| 915 |
+
particular focus on persons with disabilities, women, rural populations, and marginalized
|
| 916 |
+
groups.
|
| 917 |
+
(2) The Authority shall develop and implement national standards for ICT accessibility based
|
| 918 |
+
on international best practices, including the Web Content Accessibility Guidelines (WCAG).
|
| 919 |
+
(3) The Authority shall collaborate with relevant agencies and civil society organizations to
|
| 920 |
+
implement digital literacy programs and gender -responsive digital empowerment initiatives.
|
| 921 |
+
Multi -Stakeholder Advisory Forum
|
| 922 |
+
64.(1) There is established by this Act a Multi -Stakeholder Advisory Forum to provide policy
|
| 923 |
+
and strategic advice to the Authority.
|
| 924 |
+
(2) The Forum shall comprise representatives from:
|
| 925 |
+
(a) the private ICT sector;
|
| 926 |
+
(b) civil society organizations;
|
| 927 |
+
(c) academic and research institutions;
|
| 928 |
+
(d) certified ICT professionals;
|
| 929 |
+
(e) international development partners; and
|
| 930 |
+
(f) any other stakeholder the Authority may determine.
|
| 931 |
+
(3) The Forum shall meet at least once a year and submit recommendations to the Board of
|
| 932 |
+
Directors.
|
| 933 |
+
(4) The Authority shall publish a summary of the Forum’s deliberations and responses in its
|
| 934 |
+
annual report.
|
| 935 |
+
Periodic Review of Regulatory Instruments
|
| 936 |
+
65. (1) The Authority shall undertake a comprehensive review of all regulatory instruments
|
| 937 |
+
made under this Act at least once every five (5) years.
|
| 938 |
+
25
|
| 939 |
+
PAGE \* MERGEFORMAT 1 (2) The review shall evaluate the continued relevance, effectiveness, and flexibility of
|
| 940 |
+
regulations in light of technological advancements, market developments, and stakeholder
|
| 941 |
+
needs.
|
| 942 |
+
(3) The Authority shall conduct public consultations and publish a Regulatory Impact
|
| 943 |
+
Assessment Report following each review.
|
| 944 |
+
Collaboration with Other Agencies
|
| 945 |
+
66. The Authority shall collaborate with public sector institutions, regulatory bodies, private
|
| 946 |
+
sector actors, and international development partners and organisations in the discharge of its
|
| 947 |
+
mandate.
|
| 948 |
+
Submission of reports by ICT service providers
|
| 949 |
+
67. (1) A ICT service provider shall submit annual reports on the business and related activities
|
| 950 |
+
of the ICT service provider to the Authority.
|
| 951 |
+
(2) A report under subsection (1) shall be submitted within
|
| 952 |
+
(a) fifteen days after the end of month ending December 31 in any year; or
|
| 953 |
+
(b) a period specified in guidelines issued by the Authority.
|
| 954 |
+
(3) The Authority may request additional information from a ICT service provider on the
|
| 955 |
+
following
|
| 956 |
+
(a) the conduct, practices and management of the business of the ICT service provider;
|
| 957 |
+
(b) the transactions related to the operations of the ICT service provider; and
|
| 958 |
+
(c) financial and operational compliance with applicable enactments.
|
| 959 |
+
(4) The Authority shall, within thirty days after receipt of the report, consider the report and
|
| 960 |
+
take necessary action.
|
| 961 |
+
Investigation and Enforcement
|
| 962 |
+
Inspector
|
| 963 |
+
68. (1) The Director General, in consultation with the Board of Directors, may for the purpose
|
| 964 |
+
of this Act, designate an officer as an inspector to, subject to strict ethical guidelines, inspect
|
| 965 |
+
premises or a facility engaged in a business or related activ ity in the ICT sector to ensure
|
| 966 |
+
compliance with this Act.
|
| 967 |
+
(2) An inspector shall, before conducting an inspection, obtain prior written authorisation from
|
| 968 |
+
the Director General, and if required, produce the authorisation to the person in charge of the
|
| 969 |
+
premises or facility.
|
| 970 |
+
(3) An inspector shall be subject to a code of conduct with penalties for misconduct.
|
| 971 |
+
Power of an inspector
|
| 972 |
+
69. (1) An inspector may, at any reasonable time, enter premises or a facility to investigate
|
| 973 |
+
activities if there is reason to believe the premises or facility is being used for an unlicensed
|
| 974 |
+
business or related activity in the ICT sector.
|
| 975 |
+
(2) The inspector shall, upon entry into the premises or facility, inspect
|
| 976 |
+
(a) the licence of the ICT service provider;
|
| 977 |
+
(b) the premises of the ICT service provider; and
|
| 978 |
+
(c) any records relevant to compliance with this Act.
|
| 979 |
+
(3) An inspector may, at any reasonable time, enter premises, a vehicle, a vessel or an aircraft
|
| 980 |
+
to
|
| 981 |
+
(a) examine records or documents related to ICT transactions;
|
| 982 |
+
(b) search for evidence of illegal ICT transactions or unlicensed operations;
|
| 983 |
+
26
|
| 984 |
+
PAGE \* MERGEFORMAT 1 (c) require the owner or manager of the premises, vehicle, vessel or aircraft to provide relevant
|
| 985 |
+
documents;
|
| 986 |
+
(d) seize and detain ICT product or related materials suspected to be used in contravention of
|
| 987 |
+
this Act; and
|
| 988 |
+
(e) ascertain whether a ICT service provider is conducting business in accordance with this Act
|
| 989 |
+
and Regulations made under this Act.
|
| 990 |
+
(4) Upon the seizure and detention of ICT products or equipment by an inspector of the
|
| 991 |
+
Authority, the Authority shall within seven (7) days after the seizure and detention, apply to
|
| 992 |
+
the Tribunal under section 77 of this Act for validation or otherwise of the seizure and
|
| 993 |
+
detention.
|
| 994 |
+
(5) An inspector may be accompanied by a police officer or any other security personnel in the
|
| 995 |
+
exercise of powers under this section.
|
| 996 |
+
(6) An inspector who conducts an inspection under this section shall, within forty -eight (48)
|
| 997 |
+
hours of the conduct of the inspection, submit a written report of the inspection to the Director
|
| 998 |
+
General.
|
| 999 |
+
Obstruction of an inspector
|
| 1000 |
+
70. A person who obstructs an inspector in the exercise of a power under section 67 commits
|
| 1001 |
+
an offence and is liable on summary conviction to a fine of not less than two thousand penalty
|
| 1002 |
+
units and not more than five thousand penalty units or to a term of i mprisonment of not less
|
| 1003 |
+
than six months and not more than two years or to both.
|
| 1004 |
+
Enforcement powers of the Authority
|
| 1005 |
+
71. (1) The Authority may
|
| 1006 |
+
(a) require an applicant for a licence or a ICT service provider to produce a document or other
|
| 1007 |
+
relevant information;
|
| 1008 |
+
(b) apply to a court of competent jurisdiction for a warrant to
|
| 1009 |
+
(i) search premises and seize evidence; or
|
| 1010 |
+
(ii) seize any materials related to a contravention of this Act·
|
| 1011 |
+
(c) require the attendance of a witness for investigation;
|
| 1012 |
+
(d) restrain a ICT service provider who has breached a condition of the licence from engaging
|
| 1013 |
+
in a business or a related activity in the ICT sector; and
|
| 1014 |
+
(e) assess and award damages against a ICT service provider in favour of an injured third party.
|
| 1015 |
+
(2) The Authority shall have custody of all confiscated ICT products and equipment.
|
| 1016 |
+
(3) For the purpose of subsection (1), an officer authorised by the Authority may exercise the
|
| 1017 |
+
power of search or investigation conferred on a police officer under the Criminal and Other
|
| 1018 |
+
Offences (Procedure) Act, 1960 (Act 30).
|
| 1019 |
+
Other powers of the Authority
|
| 1020 |
+
72.Without limiting section 69, where a person contravenes a provision of this Act or
|
| 1021 |
+
Regulations made under this Act, the Authority may
|
| 1022 |
+
(a) issue a warning to the violator;
|
| 1023 |
+
(b) order the forfeiture of ICT products or equipment obtained illegally;
|
| 1024 |
+
(c) issue a cease -and-desist order;
|
| 1025 |
+
(d) suspend or revoke a licence in accordance with this Act; and
|
| 1026 |
+
(e) take any other action necessary to ensure compliance with this Act.
|
| 1027 |
+
Other enforcement measures
|
| 1028 |
+
73(1) The Authority shall, in collaboration with relevant institutions conduct a random ICT
|
| 1029 |
+
audit of a public/commercial ICT infrastructure or an ICT service provider.
|
| 1030 |
+
27
|
| 1031 |
+
PAGE \* MERGEFORMAT 1 (2) The Authority may seize and confiscate ICT products or equipment if
|
| 1032 |
+
(a) the ICT product or equipment lacks necessary documentation;
|
| 1033 |
+
(b) a ICT service provider or any other person seeks to bypass regulatory oversight; or
|
| 1034 |
+
(c) the ICT operations violates anti -money laundering and counter -terrorism financing laws.
|
| 1035 |
+
Dispute Resolution
|
| 1036 |
+
Negotiation
|
| 1037 |
+
74.(1) Where a dispute arises between ICT service providers regarding licensed activities, the
|
| 1038 |
+
ICT service providers shall resolve the dispute amicably through negotiation.
|
| 1039 |
+
(2) Where the parties are unable to resolve the dispute through negotiations, either party to the
|
| 1040 |
+
dispute may refer the dispute to the Dispute Resolution Committee established under section
|
| 1041 |
+
75.
|
| 1042 |
+
Dispute Resolution Committee
|
| 1043 |
+
75. (l) There is established by this Act a Dispute Resolution Committee.
|
| 1044 |
+
(2) The Dispute Resolution Committee shall
|
| 1045 |
+
(a) investigate and hear disputes between ICT service providers without delay;
|
| 1046 |
+
(b) conduct proceedings fairly and transparently; and
|
| 1047 |
+
(c) deliver decisions within thirty days from the date of receipt of a dispute.
|
| 1048 |
+
Composition and procedure of the Dispute Resolution Committee
|
| 1049 |
+
76. (1) The Board of Directors shall determine the composition and the rules of procedure of
|
| 1050 |
+
the Dispute Resolution Committee.
|
| 1051 |
+
(2) Despite subsection (1), the Dispute Resolution Committee shall be chaired by a lawyer with
|
| 1052 |
+
at least ten years' experience in the practice of alternative dispute resolution.
|
| 1053 |
+
(3) The Authority shall publish the rules of procedure of the Dispute Resolution Committee in
|
| 1054 |
+
the Gazette.
|
| 1055 |
+
Decisions of the Dispute Resolution Committee
|
| 1056 |
+
77. The Dispute Resolution Committee may, in resolving a dispute
|
| 1057 |
+
(a) declare the rights and obligations of the parties;
|
| 1058 |
+
(b) make a provisional order or an interim order;
|
| 1059 |
+
(c) provide directions to facilitate the proceedings;
|
| 1060 |
+
(d) dismiss a frivolous or a vexatious claim;
|
| 1061 |
+
(e) award costs against a party, where appropriate; and
|
| 1062 |
+
(f) issue any other directive necessary to resolve the matter.
|
| 1063 |
+
Appeal against the decision of the Dispute Resolution Committee
|
| 1064 |
+
79. A person who is aggrieved by a decision of the Dispute Resolution Committee may appeal
|
| 1065 |
+
to the National Information Technology Tribunal established under this Act.
|
| 1066 |
+
National Information Technology Tribunal
|
| 1067 |
+
Establishment of the National Information Technology Authority Tribunal
|
| 1068 |
+
80.(1) There is established by this Act, the National Information Technology Tribunal.
|
| 1069 |
+
(2) The Tribunal shall be constituted to consider appeals regarding
|
| 1070 |
+
(a) a decision made by the Authority;
|
| 1071 |
+
28
|
| 1072 |
+
PAGE \* MERGEFORMAT 1 (b) a matter relating to a licence issued under this Act; or
|
| 1073 |
+
(c) a decision of the Dispute Resolution Committee.
|
| 1074 |
+
Composition of the Tribunal
|
| 1075 |
+
81. (1) The Tribunal consists of
|
| 1076 |
+
(a) a chairperson, who is
|
| 1077 |
+
(i) a retired Justice of the Superior Courts of Judicature, or
|
| 1078 |
+
(ii) a lawyer with at least fifteen years' experience in the regulation of the ICT sector or the
|
| 1079 |
+
practice of alternative dispute resolution; and
|
| 1080 |
+
(b) two other members with expertise in ICT.
|
| 1081 |
+
(2) The Minister shall appoint the chairperson and other members of the Tribunal
|
| 1082 |
+
(3) Sections 9 and 11 on disclosure of interest and allowances apply to a member of the
|
| 1083 |
+
Tribunal.
|
| 1084 |
+
Administration of the Tribunal
|
| 1085 |
+
82.(1) The Minister shall appoint
|
| 1086 |
+
(a) a Registrar to manage the administrative affairs of the Tribunal; and
|
| 1087 |
+
(b) other staff necessary for the efficient and effective operation of the Tribunal.
|
| 1088 |
+
(2) The Registrar shall oversee the day -to-day operations of the Tribunal.
|
| 1089 |
+
Expenses of the Tribunal
|
| 1090 |
+
83. (1) The expenses of the Tribunal shall be a charge on the funds of the Authority.
|
| 1091 |
+
(2) The chairperson of the Tribunal shall submit an annual budget for approval by the Board
|
| 1092 |
+
of Directors.
|
| 1093 |
+
(3) The Board of Directors shall release funds for the operations of the Tribunal no later than
|
| 1094 |
+
the first quarter of the financial year.
|
| 1095 |
+
Allowances
|
| 1096 |
+
84. The members and staff of the Tribunal shall be paid such allowances determined by the
|
| 1097 |
+
Minister in consultation with the Minister responsible for Finance as and when the Tribunal
|
| 1098 |
+
hears cases.
|
| 1099 |
+
Rules of procedure of the Tribunal
|
| 1100 |
+
85. (1) The Board of Directors shall, within ninety days of the coming into force of this Act,
|
| 1101 |
+
prescribe rules of procedure for the Tribunal.
|
| 1102 |
+
(2)The Board of Directors shall publish the rules in the Gazette.
|
| 1103 |
+
Right of appeal
|
| 1104 |
+
86. (1) A person aggrieved by a decision of the Authority or the Dispute Resolution Committee
|
| 1105 |
+
may, within twenty -one days of the date of the decision, appeal to the Tribunal.
|
| 1106 |
+
(2) A notice of appeal under subsection (1) shall specify
|
| 1107 |
+
(a) the decision being appealed against;
|
| 1108 |
+
(b) the legal provisions under which the decision was made; and
|
| 1109 |
+
(c) the grounds for appeal.
|
| 1110 |
+
(3) The Tribunal shall convene to hear the appeal within thirty days of receipt of the notice of
|
| 1111 |
+
appeal.
|
| 1112 |
+
Decisions of the Tribunal
|
| 1113 |
+
87(1) The Tribunal may, after hearing an appeal,
|
| 1114 |
+
(a) overturn the decision being appealed;
|
| 1115 |
+
29
|
| 1116 |
+
PAGE \* MERGEFORMAT 1 (b) partially allow the appeal; or
|
| 1117 |
+
(c) dismiss the appeal and uphold the decision of the Dispute Resolution Committee or the
|
| 1118 |
+
Authority.
|
| 1119 |
+
(2) Where the Tribunal allows an appeal in part, the Tribunal may modify the decision of the
|
| 1120 |
+
Authority or the Dispute Resolution Committee subject to conditions that the Tribunal
|
| 1121 |
+
considers appropriate.
|
| 1122 |
+
(3) The decision of the Tribunal shall have the same effect as a judgment of the High Court.
|
| 1123 |
+
Appeal against a decision of the Tribunal
|
| 1124 |
+
88. (1) A party who is dissatisfied with a decision of the Tribunal on a matter may appeal to
|
| 1125 |
+
the Court of Appeal.
|
| 1126 |
+
(2) An appeal under subsection (1) shall be
|
| 1127 |
+
(a) on a point of law only; and
|
| 1128 |
+
(b) filed within thirty days of the decision of the Tribunal.
|
| 1129 |
+
Offence, Penalties and Administrative Penalty
|
| 1130 |
+
General offences and penalties
|
| 1131 |
+
89. (1) A person shall not
|
| 1132 |
+
(a) unlawfully destroy, damage, or interfere with equipment, installations, or facilities used in
|
| 1133 |
+
the ICT sector ;
|
| 1134 |
+
(b) provide false information or fraudulent documentation related to ICT transactions;
|
| 1135 |
+
(c) fail or neglect to comply with the terms and conditions of a licence;
|
| 1136 |
+
(d) offer a bribe or incentive to an officer of the Authority to circumvent this Act or Regulations
|
| 1137 |
+
made under this Act;
|
| 1138 |
+
(e) front or connive to acquire a licence under this Act or Regulations made under this Act.
|
| 1139 |
+
(2) A person who contravenes a provision of subsection (1) commits an offence and is liable
|
| 1140 |
+
on summary conviction to a fine of not less than two thousand penalty units and not more than
|
| 1141 |
+
five thousand penalty units or to a term of imprisonment of not less t han six months years and
|
| 1142 |
+
not more than two years or to both.
|
| 1143 |
+
Embezzlement, misappropriation or diversion of funds
|
| 1144 |
+
90.(1) A person shall not embezzle, misappropriate or divert funds meant for the Authority or
|
| 1145 |
+
the Republic under this Act.
|
| 1146 |
+
(2)A person who contravenes subsection (1) commits an offence and is liable on summary
|
| 1147 |
+
conviction to a fine of not less than five thousand penalty units and not more than ten thousand
|
| 1148 |
+
penalty units or to a term of imprisonment of not less than five years a nd not more than twenty
|
| 1149 |
+
years or to both.
|
| 1150 |
+
Offences Relating to Licensing and Certification
|
| 1151 |
+
91.(1) A person who
|
| 1152 |
+
(a) provides ICT services or operates ICT infrastructure without a valid licence,
|
| 1153 |
+
(b) falsely represents themselves as a certified ICT professional, or
|
| 1154 |
+
(c) submits false information to obtain a licence or certification,
|
| 1155 |
+
commits an offence and is liable on summary conviction to a fine of not less than one thousand
|
| 1156 |
+
penalty units and not more than two thousand penalty units or to a term of imprisonment of
|
| 1157 |
+
not less than six months years and not more than two years, or to bot h.
|
| 1158 |
+
Interference with Technical Clearance
|
| 1159 |
+
30
|
| 1160 |
+
PAGE \* MERGEFORMAT 1 92. A person who obstructs or circumvents the technical clearance process of the Authority
|
| 1161 |
+
commits an offence and is liable on summary conviction to a fine of not less than one thousand
|
| 1162 |
+
penalty units and not more than two thousand penalty units or to a t erm of imprisonment of
|
| 1163 |
+
not less than six months years and not more than two years, or to both.
|
| 1164 |
+
Obstruction of Compliance Reviews
|
| 1165 |
+
93. A person who
|
| 1166 |
+
(a) refuses to provide information lawfully requested by a Compliance Inspector of the
|
| 1167 |
+
Authority,
|
| 1168 |
+
(b) prevents or delays access to ICT systems or facilities during an inspection, or
|
| 1169 |
+
(c) conceals, alters, or destroys relevant documentation,
|
| 1170 |
+
commits an offence and is liable on summary conviction to a fine of not less than two thousand
|
| 1171 |
+
penalty units and not more than five thousand penalty units or to imprisonment for a term of
|
| 1172 |
+
not less that twelve months and not more than two years, or to both .
|
| 1173 |
+
Offence by a body corporate
|
| 1174 |
+
94.Where a body corporate commits an offence under this Act, every director, manager, officer
|
| 1175 |
+
and shareholder responsible for the operations of the body corporate is considered to have
|
| 1176 |
+
committed the offence unless the director, manager, officer or sharehol der proves that the
|
| 1177 |
+
director, manager, officer or shareholder exercised due diligence to prevent the commission of
|
| 1178 |
+
the offence.
|
| 1179 |
+
Administrative penalty
|
| 1180 |
+
95.(1) A ICT service provider or any other entity regulated under
|
| 1181 |
+
this Act or Regulations made under this Act who
|
| 1182 |
+
(a) fails to comply with a directive issued by the Authority, or
|
| 1183 |
+
(b) refuses or neglects to provide required information to the Authority,
|
| 1184 |
+
is liable to pay to the Authority an administrative penalty of not less than twenty thousand
|
| 1185 |
+
penalty units and not more than fifty thousand penalty units.
|
| 1186 |
+
(2) Where a person fails to pay an administrative penalty imposed under subsection (1), the
|
| 1187 |
+
Authority may
|
| 1188 |
+
(a) suspend or revoke the licence of the person; or
|
| 1189 |
+
(b) prohibit the person from engaging in a business or related activity in the ICT sector within
|
| 1190 |
+
the country.
|
| 1191 |
+
Other Offences
|
| 1192 |
+
96. A person who
|
| 1193 |
+
(a)makes a false declaration in an application for a licence,
|
| 1194 |
+
(b)makes a false declaration in an application for registration of a licence,
|
| 1195 |
+
wilfully destroys or damages a register kept under this Act commits an offence and is liable on
|
| 1196 |
+
summary conviction to a fine of not more than five hundred penalty units or co a term of
|
| 1197 |
+
imprisonment of not more than two years or to both and in the case of a continuing offence to
|
| 1198 |
+
a further fine of ten penalty units for each day during which the offence continues after written
|
| 1199 |
+
notice has been served on the offender by the Authority .
|
| 1200 |
+
97.(1) A person who negligently causes a cybersecurity breach commits an offence and is liable
|
| 1201 |
+
on conviction to a fine of up to two thousand penalty units or to imprisonment for a term not
|
| 1202 |
+
exceeding five years, or to both.
|
| 1203 |
+
31
|
| 1204 |
+
PAGE \* MERGEFORMAT 1 (2) A person who engages in fraudulent ICT practices, including but not limited to
|
| 1205 |
+
cryptocurrency scams, commits an offence and is liable on conviction to a fine of up to five
|
| 1206 |
+
thousand penalty units or to imprisonment for a term not exceeding ten years, or to both.
|
| 1207 |
+
(3) A data center operator who fails to meet licensing or operational standards prescribed by
|
| 1208 |
+
the Authority commits an offence and is liable to a fine of up to three thousand penalty units
|
| 1209 |
+
and/or suspension of operations.
|
| 1210 |
+
(4) A person who hosts critical data without accreditation as required by the Authority commits
|
| 1211 |
+
an offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment
|
| 1212 |
+
for a term not exceeding seven years, or to both.
|
| 1213 |
+
(5) A person who fails to conduct and submit an audit report as required by the Authority
|
| 1214 |
+
commits an offence and is liable to a fine of one thousand penalty units for each month of
|
| 1215 |
+
delay.
|
| 1216 |
+
(6) A person who submits a false report to the Authority commits an offence and is liable on
|
| 1217 |
+
conviction to a fine of five thousand penalty units or to imprisonment for a term not exceeding
|
| 1218 |
+
five years, or to both.
|
| 1219 |
+
(7). A person who obstructs Compliance Officers by rejecting, interfering with, or evading their
|
| 1220 |
+
lawful duties commits an offence and is liable to immediate suspension of ICT operations until
|
| 1221 |
+
compliance is achieved.
|
| 1222 |
+
(8)A person who repeatedly violates multiple provisions of this Act or Regulations commits an
|
| 1223 |
+
offence and is liable on conviction to a fine of five thousand penalty units and permanent
|
| 1224 |
+
revocation of operating licences.
|
| 1225 |
+
(9) A person whose gross negligence leads to data breaches or system failures commits an
|
| 1226 |
+
offence and is liable on conviction to a fine of up to ten thousand penalty units or ten percent
|
| 1227 |
+
of annual turnover (whichever is higher), plus mandatory third -party audit s.
|
| 1228 |
+
(10) A person who retaliates against a whistleblower in connection with any offence under this
|
| 1229 |
+
Act commits an offence and is liable on conviction to double the maximum penalty prescribed
|
| 1230 |
+
for the underlying offence.
|
| 1231 |
+
Miscellaneous Provisions
|
| 1232 |
+
Procedure for decision -making by the Authority
|
| 1233 |
+
98.(1) In the exercise of its function under this Act and the Electronic Transactions Act, 2025
|
| 1234 |
+
(Act …) , the Board shall
|
| 1235 |
+
(a) observe reasonable standards of procedural fairness,
|
| 1236 |
+
(b) act timeously, and
|
| 1237 |
+
(c) observe the rules of natural justice.
|
| 1238 |
+
when making decisions that affect a person.
|
| 1239 |
+
(2) Without limiting subsection (1), the Board shall
|
| 1240 |
+
(a) publish a matter for decision in the Gazette as considered necessary or
|
| 1241 |
+
as required by the Electronic Transactions Act, 2025 (Act …) prior to
|
| 1242 |
+
making a decision;
|
| 1243 |
+
(b) grant a person who is or is likely to be affected by a decision of the
|
| 1244 |
+
Board, an opportunity;
|
| 1245 |
+
(i) to make a submission to the Board,
|
| 1246 |
+
(ii) to be heard by the Board, or
|
| 1247 |
+
(iii) to consult with the Board in good faith, 'and
|
| 1248 |
+
( c) have regard to evidence adduced and matters contained in a
|
| 1249 |
+
submission made or received in the course of any consultation.
|
| 1250 |
+
(3) Where the Board makes a decision, it shall
|
| 1251 |
+
32
|
| 1252 |
+
PAGE \* MERGEFORMAT 1 (a) state in writing the reasons for the decision; and
|
| 1253 |
+
(b) provide in accordance with its procedure; notification of the
|
| 1254 |
+
decision to the relevant persons.
|
| 1255 |
+
(4) The Board may, on application or on its own motion, review, rescind or vary a
|
| 1256 |
+
decision made by it or hear a matter again before rendering a decision.
|
| 1257 |
+
Register of interests
|
| 1258 |
+
99.(1) The Director -General shall cause to be kept and maintained a Register in which shall be
|
| 1259 |
+
recorded details of
|
| 1260 |
+
(a) any share or debenture owned by a member of the Board;
|
| 1261 |
+
(b) other financial interests a member of the Board has in a corporate body;
|
| 1262 |
+
(c) any public or charitable appointment or directorship held by a member; and
|
| 1263 |
+
(d) any other matter required to be registered.
|
| 1264 |
+
(2)The Register shall be publicly accessible, in both physical and electronic form.
|
| 1265 |
+
(3) The Register shall be open to the public for physical inspection during normal working
|
| 1266 |
+
hours and subject to the payment of a fee determined by the Authority.
|
| 1267 |
+
(4) A person may
|
| 1268 |
+
(a) make a copy of the content of the Register, or
|
| 1269 |
+
(b) take an extract from the Register,
|
| 1270 |
+
at the fee that the Authority may determine.
|
| 1271 |
+
Code of conduct
|
| 1272 |
+
100.(1) The Board shall establish within one year of the commencement of this Act, a code of
|
| 1273 |
+
conduct for members of the Board, staff and persons whose services the Authority engages.
|
| 1274 |
+
(2)The Code of Conduct shall among other provide for disciplinary and ethical matters
|
| 1275 |
+
(3) The Board shall revise the code of conduct from time to time having regard to the changing
|
| 1276 |
+
regulatory objectives in the communications industry.
|
| 1277 |
+
Publication of notices and directives
|
| 1278 |
+
101.(1) Where a provision of this Act requires publication of a notice or a directive in the
|
| 1279 |
+
Gazette, the Authority may, in addition to publication in the Gazette, publish the notice or
|
| 1280 |
+
directive
|
| 1281 |
+
(a) in a daily newspaper of national circulation;
|
| 1282 |
+
(b) on radio and television; and
|
| 1283 |
+
(c) on the website of the Authority.
|
| 1284 |
+
(2) The Authority shall ensure that a notice or directive is accessible to relevant stakeholders.
|
| 1285 |
+
Public engagement
|
| 1286 |
+
102. The Authority shall organise periodic public engagement on the operations of the
|
| 1287 |
+
Authority.
|
| 1288 |
+
Regulations
|
| 1289 |
+
103. The Minister may, by legislative instrument, make Regulations to
|
| 1290 |
+
(a) define, expand or modify the scope of activities that constitute business or related
|
| 1291 |
+
activities in the ICT sector;
|
| 1292 |
+
(b) specify procedures for submitting, investigating and resolving complaints in the ICT
|
| 1293 |
+
sector;
|
| 1294 |
+
(c) establish disciplinary procedures for ICT service providers;
|
| 1295 |
+
33
|
| 1296 |
+
PAGE \* MERGEFORMAT 1 (d) regulate the licensing process for business and related activities in the ICT sector;
|
| 1297 |
+
(e) set guidelines and standards of performance for ICT services;
|
| 1298 |
+
(i) establish health and safety protocols for the ICT sector ;
|
| 1299 |
+
(g) provide for the digitalisation of the operations of the Authority;
|
| 1300 |
+
(h) prescribe rules for Ghanaian content and Ghanaian participation in the ICT sector;
|
| 1301 |
+
(i) prescribe rules for consumer protection in the ICT sector;
|
| 1302 |
+
(j) prescribe licensing procedures and categories;
|
| 1303 |
+
(k) certification standards;
|
| 1304 |
+
(l) compliance monitoring mechanisms;
|
| 1305 |
+
(m) public sector ICT governance;
|
| 1306 |
+
(g) prescribe for fair trade practices and anti -competition rules in the ICT sector;
|
| 1307 |
+
(h) regulate data centres and ICT infrastructure;
|
| 1308 |
+
(i) prescribe fees chargeable under this Act,
|
| 1309 |
+
(j) provide for forms for applications,
|
| 1310 |
+
(k) prescribe requirements for licences and approvals for equipment,
|
| 1311 |
+
(l) provide procedures for the systematic implementation of a national information
|
| 1312 |
+
communications technology policy,
|
| 1313 |
+
(m) provide for any other matter necessary for the effective and efficient implementation of
|
| 1314 |
+
this Act.
|
| 1315 |
+
Interpretation
|
| 1316 |
+
104. (1) In this Act, unless the context otherwise requires, —
|
| 1317 |
+
"adaptive regulation " means regulatory practices designed to evolve in response to emerging
|
| 1318 |
+
technologies and changing market dynamics;
|
| 1319 |
+
"Authority" means the National Information Technology Authority established under section
|
| 1320 |
+
1;
|
| 1321 |
+
"Board" means the Governing Board of the Authority;
|
| 1322 |
+
"certification tiers" means graduated levels of certification that indicate the performance,
|
| 1323 |
+
reliability, and compliance level of ICT services or professionals;
|
| 1324 |
+
"certified professional" means a person certified under this Act to provide ICT services in the
|
| 1325 |
+
public sector;
|
| 1326 |
+
"chairperson" means the chairperson of the Board;
|
| 1327 |
+
"cloud computing" means delivery of computing services —including servers, storage,
|
| 1328 |
+
databases, networking, software —over the internet (“the cloud”) ;
|
| 1329 |
+
"cloud hosting environments" means virtualized computing platforms provided over the
|
| 1330 |
+
internet to host data, applications, and services;
|
| 1331 |
+
"compliance inspector" means an officer designated by the Authority to monitor, audit, and
|
| 1332 |
+
inspect entities for compliance with this Act;
|
| 1333 |
+
"data centre" means a facility used to house computer systems, servers, and associated
|
| 1334 |
+
components such as telecommunications and storage systems for data processing and storage;
|
| 1335 |
+
"domain name" means a unique, human -readable identifier that corresponds to a numeric
|
| 1336 |
+
Internet Protocol address and is used to locate websites or digital services on the internet;
|
| 1337 |
+
"enactment" includes an Act of Parliament, a legislative instrument, or any subsidiary
|
| 1338 |
+
legislation or regulation made under statutory authority and having the force of law in Ghaba;
|
| 1339 |
+
"enterprise software solutions" means integrated digital systems designed to manage core
|
| 1340 |
+
operations of an organization, including finance, human resources, and supply chain;
|
| 1341 |
+
"Government ICT Infrastructure Operator " means a company licensed by the Authority to
|
| 1342 |
+
manage, operate, and develop core government digital infrastructure;
|
| 1343 |
+
34
|
| 1344 |
+
PAGE \* MERGEFORMAT 1 "ICT" means information and communications technology which refers to all technologies,
|
| 1345 |
+
systems, infrastructure, software, and platforms used for the collection, processing, storage,
|
| 1346 |
+
transmission, and dissemination of digital information and electronic comm unications. For
|
| 1347 |
+
the purposes of this Act, ICT shall include —
|
| 1348 |
+
a) digital hardware and software systems;
|
| 1349 |
+
b) information systems and digital applications, especially within government operations;
|
| 1350 |
+
c) data centres, hosting facilities, electronic and cloud -based infrastructure;
|
| 1351 |
+
d) digital innovation, platforms, and emerging technologies deployed in the public sector; and
|
| 1352 |
+
e) associated standards, architecture, and interoperability frameworks;
|
| 1353 |
+
"ICT infrastructure" includes physical and virtual systems such as servers, networks, data
|
| 1354 |
+
centers, cloud platforms, and related hardware or software required for digital operations;
|
| 1355 |
+
"ICT service provider" means an individual or entity licensed by the Authority to provide
|
| 1356 |
+
ICT products, services, platforms, or infrastructure within the ICT sector;
|
| 1357 |
+
"improvement plan" means a set of recommendations and steps issued by the Authority to
|
| 1358 |
+
guide an entity towards compliance with performance standards;
|
| 1359 |
+
"information technology" means the application of digital systems, computing devices,
|
| 1360 |
+
software, networks, and electronic data processing tools to collect, process, store, retrieve,
|
| 1361 |
+
and disseminate information for operational, administrative, or strategic p urposes;
|
| 1362 |
+
"internet protocol address" means a unique numerical label assigned to a device or node
|
| 1363 |
+
connected to a computer network that uses the Internet Protocol for identification and
|
| 1364 |
+
communication;
|
| 1365 |
+
"interoperability" means the ability of different ICT systems and applications to
|
| 1366 |
+
communicate, exchange data, and use the information effectively;
|
| 1367 |
+
"Minister" means the Minister responsible for Communication, Digital Technology, and
|
| 1368 |
+
Innovations;
|
| 1369 |
+
"Ministry" means the Ministry responsible for Information Communications Technology or
|
| 1370 |
+
Digitalisation;
|
| 1371 |
+
"national digital identity services" means digital systems and platforms that authenticate and
|
| 1372 |
+
manage unique identities of individuals or institutions for electronic services;
|
| 1373 |
+
"performance standards" means formalized metrics and criteria prescribed by the Authority to
|
| 1374 |
+
evaluate the quality, efficiency, security, and user experience of ICT systems and services;
|
| 1375 |
+
"prescribed" means specified by or in accordance with this Act or Regulations, directives,
|
| 1376 |
+
notices or guidelines issued under this Act;
|
| 1377 |
+
"principles -oriented regulation " means a regulatory approach focused on broad objectives
|
| 1378 |
+
and outcomes rather than prescriptive rules;
|
| 1379 |
+
"public institution" means a Ministry, Department, Agency, Metropolitan, Municipal or
|
| 1380 |
+
District Assembly, a statutory or constitutional body, or any entity owned wholly or partly by
|
| 1381 |
+
the Republic;
|
| 1382 |
+
"registrable interest" includes any direct or indirect financial interest, shareholding, beneficial
|
| 1383 |
+
ownership, partnership, trusteeship, or fiduciary obligation held by a person, which is
|
| 1384 |
+
required to be disclosed under section 12 or section 99 of this Act;
|
| 1385 |
+
"risk -based approach" means a method that allocates regulatory resources and scrutiny based
|
| 1386 |
+
on the potential risks posed by ICT activities or providers;
|
| 1387 |
+
"sandbox" means a controlled regulatory environment where innovations can be tested
|
| 1388 |
+
temporarily under relaxed regulatory requirements;
|
| 1389 |
+
"service level agreements (SLAs)" means formal contracts between service providers and
|
| 1390 |
+
clients that define expected service performance, responsibilities, and penalties for non -
|
| 1391 |
+
compliance;
|
| 1392 |
+
"technical clearance" means approval issued by the Authority confirming that an ICT project
|
| 1393 |
+
meets prescribed technical standards and compliance requirements;
|
| 1394 |
+
35
|
| 1395 |
+
PAGE \* MERGEFORMAT 1 "technology -neutral" means a regulatory stance that does not favor any particular technology
|
| 1396 |
+
or solution and promotes innovation across alternatives; and
|
| 1397 |
+
(2) In this Act unless the context otherwise requires, words and expressions defined in the
|
| 1398 |
+
Electronic Transactions Act 2025 (Act ….) have the same meaning in this Act.
|
| 1399 |
+
Transitional Provisions
|
| 1400 |
+
105. (1) The rights, assets and liabilities that have accrued in respect of the properties vested
|
| 1401 |
+
in the National Information Technology Agency in existence immediately before the coming
|
| 1402 |
+
into force of this Act are transferred to the National Information Te chnology Authority
|
| 1403 |
+
established under this Act.
|
| 1404 |
+
(2)A person in the employment of the National Information Technology Agency immediately
|
| 1405 |
+
before the coming into force of this Act shall, on the coming into force of this Act, be deemed
|
| 1406 |
+
to have been duly employed by the National Information Technology Author ity established
|
| 1407 |
+
under this Act on the terms and conditions which are not less favourable in aggregate to the
|
| 1408 |
+
terms and conditions attached to the post held by the person before the coming into force of
|
| 1409 |
+
this Act.
|
| 1410 |
+
(3)A contract subsisting between the National Information Technology Agency and another
|
| 1411 |
+
person and in effect immediately before the coming into force of this Act shall subsist between
|
| 1412 |
+
the National Information Technology Authority established under this Act and that other
|
| 1413 |
+
person subject to modifications that are necessary to ensure compliance with this Act.
|
| 1414 |
+
(4)A licence, permit, or certificate issued by the Ministry or any other public body for matters
|
| 1415 |
+
related to ICT before the coming into force of this Act shall remain valid for six months unless
|
| 1416 |
+
revoked earlier by the Authority.
|
| 1417 |
+
(5) A person whose licence ceases to be valid under subsection (4) may apply to the National
|
| 1418 |
+
Information Technology Authority for a licence under this Act.
|
| 1419 |
+
Repeals and Savings
|
| 1420 |
+
106.(1) The National Information Technology Agency Act, 2008 (Act 771) is hereby repealed.
|
| 1421 |
+
(2)Despite the repeal, any action lawfully taken under the repealed Act shall be deemed to
|
| 1422 |
+
have been taken under the corresponding provisions of this Act.
|
| 1423 |
+
SCHEDULE
|
| 1424 |
+
(Section 29)
|
| 1425 |
+
Form and Content of Annual Report of the National Information Technology Authority
|
| 1426 |
+
Part of Report Description
|
| 1427 |
+
PART I – Introductory Information Table of contents.
|
| 1428 |
+
Index of terms.
|
| 1429 |
+
Glossary of technical and legal terms and
|
| 1430 |
+
acronyms.
|
| 1431 |
+
Contact details of officer(s) responsible
|
| 1432 |
+
for preparing the report.
|
| 1433 |
+
Official website address of the Authority
|
| 1434 |
+
and hyperlink to the published report.
|
| 1435 |
+
PART II – Review by the Board and
|
| 1436 |
+
Executive Management A review by the Board of the Authority
|
| 1437 |
+
ency, which shall include —
|
| 1438 |
+
36
|
| 1439 |
+
PAGE \* MERGEFORMAT 1 (a) a concise overview of NITA’s legal
|
| 1440 |
+
mandate and strategic focus;
|
| 1441 |
+
(b) a description of the Authority’s
|
| 1442 |
+
statutory roles and core functions;
|
| 1443 |
+
(c) a summary of significant policy,
|
| 1444 |
+
regulatory, or operational developments
|
| 1445 |
+
during the year;
|
| 1446 |
+
(d) the organisational structure and
|
| 1447 |
+
changes therein;
|
| 1448 |
+
(e) performance highlights, including
|
| 1449 |
+
achievements in service delivery,
|
| 1450 |
+
infrastructure development, and
|
| 1451 |
+
regulatory enforcement;
|
| 1452 |
+
(f) financial performance overview; and
|
| 1453 |
+
(g) strategic outlook and key initiatives
|
| 1454 |
+
planned for t he ensuing year.
|
| 1455 |
+
PART III – Policy and Legal Mandate
|
| 1456 |
+
Implementation A report on implementation of NITA’s
|
| 1457 |
+
statutory functions under the Act,
|
| 1458 |
+
including —
|
| 1459 |
+
(a) the development, review, and
|
| 1460 |
+
enforcement of ICT and digital economy
|
| 1461 |
+
policies and standards;
|
| 1462 |
+
(b) progress on digital government
|
| 1463 |
+
enablement and ICT architecture across
|
| 1464 |
+
the public sector;
|
| 1465 |
+
(c) coordination with MDAs, MMDAs,
|
| 1466 |
+
and international agencies;
|
| 1467 |
+
(d) monitoring of compliance by regulated
|
| 1468 |
+
ICT entities; and
|
| 1469 |
+
(e) stakeholder engagements, capacity -
|
| 1470 |
+
building and advisory services.
|
| 1471 |
+
PART IV – Regulatory Performance A report on the performance of the
|
| 1472 |
+
Authority’s regulatory functions,
|
| 1473 |
+
including —
|
| 1474 |
+
(a) ICT systems certification and audit
|
| 1475 |
+
outcomes;
|
| 1476 |
+
(b) issuance, suspension, or revocation of
|
| 1477 |
+
ICT licences, accreditations, or
|
| 1478 |
+
authorisations;
|
| 1479 |
+
(c) cyber and digital resilience
|
| 1480 |
+
assessments conducted under applicable
|
| 1481 |
+
laws or frameworks;
|
| 1482 |
+
(d) enforcement actions and compliance
|
| 1483 |
+
statistics;
|
| 1484 |
+
(e) number and resolution of complaints
|
| 1485 |
+
or investigations initiated;
|
| 1486 |
+
(f) key findings from sector monitoring
|
| 1487 |
+
and evaluation;
|
| 1488 |
+
(g) summary of public consultations,
|
| 1489 |
+
stakeholder feedback, and regulatory
|
| 1490 |
+
37
|
| 1491 |
+
PAGE \* MERGEFORMAT 1 reforms initiated;
|
| 1492 |
+
(h) risk -based supervision and regulatory
|
| 1493 |
+
reliefs granted;
|
| 1494 |
+
(i) use and outcomes of regulatory
|
| 1495 |
+
sandbox initiatives.
|
| 1496 |
+
PART V – Service Delivery and
|
| 1497 |
+
Infrastructure Development An operational performance review,
|
| 1498 |
+
including —
|
| 1499 |
+
(a) implementation status of national ICT
|
| 1500 |
+
infrastructure projects;
|
| 1501 |
+
(b) digital platforms commissioned,
|
| 1502 |
+
upgraded, or maintained by the Authority;
|
| 1503 |
+
(c) contributions to the national digital
|
| 1504 |
+
transformation agenda;
|
| 1505 |
+
(d) alignment of services with service
|
| 1506 |
+
charters, quality assurance benchmarks,
|
| 1507 |
+
and turnaround times;
|
| 1508 |
+
(e) innovations deployed and lessons
|
| 1509 |
+
learned;
|
| 1510 |
+
(f) user satisfaction levels and complaints
|
| 1511 |
+
management performance.
|
| 1512 |
+
PART VI – Financial and Resource
|
| 1513 |
+
Reporting A financial performance report,
|
| 1514 |
+
including —
|
| 1515 |
+
(a) audited financial statements;
|
| 1516 |
+
(b) analysis of budgeted versus actual
|
| 1517 |
+
expenditure and income;
|
| 1518 |
+
(c) explanation of significant financial
|
| 1519 |
+
variances;
|
| 1520 |
+
(d) summary of internally generated
|
| 1521 |
+
funds, donor funding, and government
|
| 1522 |
+
allocations;
|
| 1523 |
+
(e) procurement activities and compliance
|
| 1524 |
+
with the Public Procurement Act;
|
| 1525 |
+
(f) summary of assets held, asset
|
| 1526 |
+
performance, and life cycle management.
|
| 1527 |
+
PART VII – Governance and
|
| 1528 |
+
Accountability A corporate governance report,
|
| 1529 |
+
including —
|
| 1530 |
+
(a) Board and Executive membership and
|
| 1531 |
+
roles;
|
| 1532 |
+
(b) meetings held, attendance records, and
|
| 1533 |
+
decisions made;
|
| 1534 |
+
(c) risk management strategies and major
|
| 1535 |
+
risks identified;
|
| 1536 |
+
(d) ethical standards and anti -fraud
|
| 1537 |
+
measures implemented;
|
| 1538 |
+
(e) mechanisms for internal control and
|
| 1539 |
+
audit compliance;
|
| 1540 |
+
(f) external oversight reports including
|
| 1541 |
+
Auditor -General, Parliament and others;
|
| 1542 |
+
(g) tribunal appeals and Dispute
|
| 1543 |
+
Resolution Committee outcomes.
|
| 1544 |
+
38
|
| 1545 |
+
PAGE \* MERGEFORMAT 1 PART VIII – Human Capital Management Report on human resource development
|
| 1546 |
+
and management, including —
|
| 1547 |
+
(a) staffing levels, turnover, and retention
|
| 1548 |
+
rates;
|
| 1549 |
+
(b) training and professional development
|
| 1550 |
+
initiatives;
|
| 1551 |
+
(c) staff productivity and performance
|
| 1552 |
+
incentives;
|
| 1553 |
+
(d) implementation of workplace health
|
| 1554 |
+
and safety measures;
|
| 1555 |
+
(e) initiatives to promote gender equity,
|
| 1556 |
+
disability inclusion, and diversity.
|
| 1557 |
+
PART IX – Sectoral Collaboration and
|
| 1558 |
+
Research Report on national or sectoral initiatives
|
| 1559 |
+
including —
|
| 1560 |
+
(a) public -private partnerships in ICT;
|
| 1561 |
+
(b) sponsored or commissioned research
|
| 1562 |
+
activities;
|
| 1563 |
+
(c) support for innovation, digital
|
| 1564 |
+
entrepreneurship, and SME digitalisation;
|
| 1565 |
+
(d) international engagements or technical
|
| 1566 |
+
cooperation.
|
| 1567 |
+
PART X – Cross -Cutting and Legal
|
| 1568 |
+
Compliance Matters Report on —
|
| 1569 |
+
(a) freedom of information compliance;
|
| 1570 |
+
(b) advertising and public education
|
| 1571 |
+
campaigns;
|
| 1572 |
+
(c) ecologically sustainable ICT practices;
|
| 1573 |
+
(d) accessibility of digital services for
|
| 1574 |
+
persons with disabilities;
|
| 1575 |
+
(e) digital literacy programmes and
|
| 1576 |
+
gender -responsive ICT outreach;
|
| 1577 |
+
(f) any corrections to material errors from
|
| 1578 |
+
prior reports.
|
| 1579 |
+
PART XI – Performance Monitoring and
|
| 1580 |
+
Indicators Report on —
|
| 1581 |
+
(a) performance against key indicators and
|
| 1582 |
+
benchmarks set by the Authority;
|
| 1583 |
+
(b) public sector digital readiness and
|
| 1584 |
+
impact evaluation;
|
| 1585 |
+
(c) institutional compliance with service
|
| 1586 |
+
level agreements (SLAs).
|
| 1587 |
+
PART XII – Discretionary and Statutory
|
| 1588 |
+
Grants Summary of discretionary or statutory
|
| 1589 |
+
grants issued, including purpose,
|
| 1590 |
+
beneficiaries, and value.
|
| 1591 |
+
Date of Gazette notification:
|
assets/example_bills/national-information-technology-authority-bill-2025/metadata.json
ADDED
|
@@ -0,0 +1,10 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"generated_at": "2026-06-09T20:18:55.615149+00:00",
|
| 3 |
+
"provider": "qwen",
|
| 4 |
+
"model": "Qwen/Qwen3-14B:cheapest",
|
| 5 |
+
"source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NITA-NATIONAL-INFORMATION-TECHNOLOGY-AUTHORITY-BILL_-10-07-25.pdf",
|
| 6 |
+
"document_hash": "53a5382035825b567b8f409c6e14933b48482f99fc59129470b8580a5e13a4a1",
|
| 7 |
+
"chunk_size": 350,
|
| 8 |
+
"chunk_overlap": 60,
|
| 9 |
+
"embedding_model": "sentence-transformers/all-MiniLM-L6-v2"
|
| 10 |
+
}
|
assets/example_bills/postal-courier-and-logistics-commission-bill-2025/analysis.json
ADDED
|
@@ -0,0 +1,72 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 1 |
+
{
|
| 2 |
+
"executive_summary": "The Postal, Courier and Logistics Commission Bill, 2025 establishes a regulatory body to license and oversee postal, courier, and logistics services in Ghana. It designates Ghana Post as the exclusive provider of reserved postal services, mandates quality standards, and introduces licensing requirements for private operators. The Commission will enforce compliance, manage disputes, and ensure accessibility for underserved populations, including persons with disabilities.",
|
| 3 |
+
"bill_summary": [
|
| 4 |
+
"Establishes the Postal, Courier and Logistics Commission (PCLC) as a regulatory body with powers to license, monitor, and enforce standards for postal and logistics services.",
|
| 5 |
+
"Designates Ghana Post as the sole provider of reserved postal services (e.g., letters, small parcels) with exclusive use of the term 'Post Office'.",
|
| 6 |
+
"Requires all private courier/logistics operators to obtain PCLC licenses, with penalties for non-compliance (fines up to 1,000 penalty units or imprisonment).",
|
| 7 |
+
"Mandates technological and logistical infrastructure standards for licensed operators (e.g., real-time tracking, barcoding).",
|
| 8 |
+
"Provides a dispute resolution mechanism for licensees aggrieved by PCLC decisions, including appeals to the Minister or courts.",
|
| 9 |
+
"Empowers the Commission to modify, suspend, or cancel licenses for non-compliance, with compensation provisions for affected licensees."
|
| 10 |
+
],
|
| 11 |
+
"implementation": [
|
| 12 |
+
{
|
| 13 |
+
"stakeholder": "Private courier/logistics operators",
|
| 14 |
+
"obligation": "Apply for and maintain a PCLC license, comply with service standards (e.g., delivery times, tracking systems), and avoid unlicensed third-party subcontractors.",
|
| 15 |
+
"implementation_burden": "Costs of compliance with infrastructure requirements (e.g., real-time tracking systems) and administrative overhead for license applications/renewals.",
|
| 16 |
+
"risk_or_note": "Risk of fines or imprisonment for operating without a license; potential exclusion from the market if unable to meet technical standards."
|
| 17 |
+
},
|
| 18 |
+
{
|
| 19 |
+
"stakeholder": "Ghana Post",
|
| 20 |
+
"obligation": "Provide reserved postal services exclusively, maintain quality standards, and delegate functions to third parties under written conditions.",
|
| 21 |
+
"implementation_burden": "Investment in technological infrastructure to meet PCLC requirements for hybrid services (e.g., courier/logistics).",
|
| 22 |
+
"risk_or_note": "Potential legal challenges if deemed to have monopolistic practices, though the Bill explicitly designates it as the national provider."
|
| 23 |
+
},
|
| 24 |
+
{
|
| 25 |
+
"stakeholder": "Consumers (including persons with disabilities)",
|
| 26 |
+
"obligation": "None (passive beneficiaries), but may face improved service quality and accessibility.",
|
| 27 |
+
"implementation_burden": "None directly, but may experience higher service costs if private operators pass on compliance expenses.",
|
| 28 |
+
"risk_or_note": "Risk of reduced competition if Ghana Post dominates the market, though the Bill allows for licensed private operators."
|
| 29 |
+
},
|
| 30 |
+
{
|
| 31 |
+
"stakeholder": "PCLC Board members",
|
| 32 |
+
"obligation": "Act in the Commission\u2019s best interest, disclose conflicts of interest, and ensure transparent decision-making.",
|
| 33 |
+
"implementation_burden": "Legal and ethical compliance, including potential liability for misconduct (fines up to 250 penalty units).",
|
| 34 |
+
"risk_or_note": "Risk of personal liability for negligence or conflicts of interest."
|
| 35 |
+
}
|
| 36 |
+
],
|
| 37 |
+
"critique": [
|
| 38 |
+
{
|
| 39 |
+
"issue": "Ambiguity in 'reserved postal services' definition",
|
| 40 |
+
"why_it_matters": "The Schedule defining reserved services is not included in the text, creating uncertainty about Ghana Post\u2019s exclusive rights and potential disputes with private operators.",
|
| 41 |
+
"recommendation": "Publish the Schedule immediately to clarify the scope of reserved services and prevent legal ambiguity."
|
| 42 |
+
},
|
| 43 |
+
{
|
| 44 |
+
"issue": "Broad discretionary powers for the PCLC",
|
| 45 |
+
"why_it_matters": "The Commission can modify, suspend, or cancel licenses unilaterally, with limited oversight beyond the Minister\u2019s review.",
|
| 46 |
+
"recommendation": "Introduce independent judicial review for license modifications/cancellations to prevent arbitrary enforcement."
|
| 47 |
+
},
|
| 48 |
+
{
|
| 49 |
+
"issue": "Lack of safeguards against regulatory capture",
|
| 50 |
+
"why_it_matters": "The Board includes a government appointee and industry representatives, but no consumer or civil society representatives, risking bias toward industry interests.",
|
| 51 |
+
"recommendation": "Mandate consumer or civil society representation on the Board to balance stakeholder interests."
|
| 52 |
+
}
|
| 53 |
+
],
|
| 54 |
+
"swot": {
|
| 55 |
+
"strengths": [
|
| 56 |
+
"Standardized service quality and accessibility for underserved populations (e.g., rural areas, persons with disabilities).",
|
| 57 |
+
"Clear licensing framework to prevent unregulated operators from entering the market."
|
| 58 |
+
],
|
| 59 |
+
"weaknesses": [
|
| 60 |
+
"Potential monopolistic dominance by Ghana Post if private operators struggle to meet technical requirements.",
|
| 61 |
+
"High compliance costs for SMEs/startups due to infrastructure mandates (e.g., real-time tracking)."
|
| 62 |
+
],
|
| 63 |
+
"opportunities": [
|
| 64 |
+
"Encouragement of innovation in logistics technology through mandated infrastructure standards.",
|
| 65 |
+
"Improved public trust in postal services via enforced quality benchmarks."
|
| 66 |
+
],
|
| 67 |
+
"threats": [
|
| 68 |
+
"Legal challenges to the PCLC\u2019s authority if the Schedule defining reserved services is perceived as overly broad.",
|
| 69 |
+
"Market concentration risks if Ghana Post\u2019s exclusive rights stifle private sector growth."
|
| 70 |
+
]
|
| 71 |
+
}
|
| 72 |
+
}
|