diff --git a/assets/example_bills/data-harmonisation-bill/analysis.json b/assets/example_bills/data-harmonisation-bill/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..d6448c8d456ac226a76c4f2e617e11fb00c2d5d2 --- /dev/null +++ b/assets/example_bills/data-harmonisation-bill/analysis.json @@ -0,0 +1,77 @@ +{ + "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.", + "bill_summary": [ + "Establishes a centralized National Data Exchange Platform for secure, standardized data sharing of public interest data.", + "Mandates classification of public interest data into open, shareable, or restricted categories under a Public Interest Data Classification Framework.", + "Imposes data sharing obligations on public and private entities holding public interest data, with penalties for non-compliance.", + "Creates a governance framework including an Oversight Authority, an Advisory Committee, and a Data Harmonisation Tribunal.", + "Requires data providers to use standardized APIs, ensure data security, maintain audit trails, and comply with quality and interoperability standards.", + "Regulates data access for consumers, including application processes, permitted uses, and restrictions on re-use or resale of data.", + "Imposes strict security, breach notification, and compliance monitoring requirements on data providers.", + "Provides for administrative and criminal penalties for violations, including fines and imprisonment." + ], + "implementation": [ + { + "stakeholder": "Data Providers (public and private entities)", + "obligation": "Classify data, use standardized APIs, ensure data security, maintain audit trails, and comply with quality and interoperability standards.", + "implementation_burden": "Significant technical and operational adjustments, including system integration, API development, and compliance with evolving standards.", + "risk_or_note": "Non-compliance risks fines, penalties, or loss of access to the National Data Exchange Platform." + }, + { + "stakeholder": "Data Consumers (approved entities)", + "obligation": "Apply for access, comply with data reuse restrictions, and enter data use agreements for shareable/restricted data.", + "implementation_burden": "Need to navigate application processes, pay fees, and ensure compliance with reuse rules to avoid penalties.", + "risk_or_note": "Unauthorized access or misuse of data could result in criminal liability or administrative sanctions." + }, + { + "stakeholder": "Oversight Authority", + "obligation": "Monitor compliance, enforce regulations, issue guidelines, and manage the National Data Exchange Platform.", + "implementation_burden": "Requires robust technical and administrative capacity to oversee a complex data ecosystem.", + "risk_or_note": "Potential bottlenecks in enforcement if resources or expertise are insufficient." + } + ], + "critique": [ + { + "issue": "Ambiguity in restricted data classification", + "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.", + "recommendation": "Define explicit, transparent criteria for classifying restricted data to prevent overreach and ensure consistency." + }, + { + "issue": "Potential overreach in data sharing obligations", + "why_it_matters": "Mandatory data sharing for public interest data may infringe on privacy or operational autonomy of private entities.", + "recommendation": "Introduce safeguards, such as proportionality tests or sunset clauses, to limit mandatory sharing to cases of clear public benefit." + }, + { + "issue": "Compliance burden on SMEs and startups", + "why_it_matters": "Smaller entities may struggle with technical requirements (e.g., API integration, audit trails) and costs (e.g., fees, compliance staff).", + "recommendation": "Provide phased implementation, technical support, or exemptions for SMEs to ease transition." + }, + { + "issue": "Risk of market distortion from data reuse restrictions", + "why_it_matters": "Prohibitions on reusing data to compete with data providers could reduce innovation and limit market dynamism.", + "recommendation": "Clarify exceptions for non-duplicative, value-adding uses of data to balance competition and data protection." + } + ], + "swot": { + "strengths": [ + "Enhanced public service delivery through integrated, high-quality data access.", + "Standardized data formats and APIs could boost innovation and cross-sector collaboration.", + "Robust security and audit requirements may increase public trust in data governance." + ], + "weaknesses": [ + "High compliance costs and technical barriers may disproportionately affect SMEs and startups.", + "Ambiguity in restricted data definitions risks stifling legitimate data sharing.", + "Centralized oversight could lead to bureaucratic delays or power imbalances." + ], + "opportunities": [ + "Creation of a national data ecosystem may attract investment in data-driven industries.", + "Improved data accessibility could spur research, startups, and evidence-based policymaking.", + "Interoperability standards may position the country as a regional leader in digital governance." + ], + "threats": [ + "Data breaches or misuse could erode public trust and expose sensitive information.", + "Overly restrictive rules may deter private sector participation in the data exchange.", + "Legal challenges or implementation delays could undermine the bill's effectiveness." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/data-harmonisation-bill/chunks.json b/assets/example_bills/data-harmonisation-bill/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..ee49c1c441c86e34bf2b3a72c480a80806469ccd --- /dev/null +++ b/assets/example_bills/data-harmonisation-bill/chunks.json @@ -0,0 +1,40 @@ +[ + "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 :", + "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", + "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", + "(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 .", + "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,", + "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 .", + "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;", + "(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", + "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", + "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", + "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.", + "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 :", + "(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.", + "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", + "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 ;", + "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;", + "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:", + "(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.", + "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 .", + "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.", + "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:", + "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", + "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", + "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.", + "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.", + "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.", + "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 :", + "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", + "(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 .", + "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", + "(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", + "(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);", + "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;", + "\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", + "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", + "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,", + "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 .", + "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" +] \ No newline at end of file diff --git a/assets/example_bills/data-harmonisation-bill/document.txt b/assets/example_bills/data-harmonisation-bill/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..8f5cd9811cfa1a0192745550c0c29b89597a042b --- /dev/null +++ b/assets/example_bills/data-harmonisation-bill/document.txt @@ -0,0 +1,963 @@ +1 DATA HARMONISATION BILL +ARRANGEMENT OF SECTIONS +PRELIMINARY MATTERS +1. Application +2. Objectives +3. Guiding Principles +DATA SHARING AND THE NATIONAL DATA EXCHANGE PLATFORM +4. Establishment of the National Data Exchange Platform +5. Data Sharing Obligations +6. Data Providers +7. Data Exchange Framework +8. System Integration and API Governance +9. Data Security +10. Data Quality Requirements +11. Audit Trails and Logging +12. Oversight and Accountability +GOVERNANCE FRAMEWORK +13. Oversight Authority +14. Functions of the Authority +15. Data Harmonisation Advisory Committee +ACCESS AND USE OF THE NATIONAL DATA EXCHANGE PLATFORM +16. Data Access +17. Onboarding and Access Control Protocols +18. Cross -Border Transfers +DATA PROTECTION +19. Data Subject Rights +20. Obligations of Data Controllers and Data Processo rs +COMPLIANCE AND ENFORCEMENT +21. Compliance Monitoring +22. Reporting Requirements +23. Offences and Penalties +24. Administrative Sanctions +25. Dispute Resolution +26. Dispute Resolution Committee +27. Powers of the Dispute Resolution Committee +28. Resolution of Referred Disputes +DATA HARMONISATION TRIBUNAL +29. Establishment of the Data Harmonisation Tribunal +30. Composition of the Tribunal +2 31. Rules of Procedure of the Tribunal +32. Right of Appeal +33. Decisions of the Tribunal +FINANCIAL PROVISIONS +34. Fees +35. Sources of Funds +36. Expenses +37. Accounts and audits +TRANSITIONAL AND MISCELLANEOUS PROVISIONS +38. Implementation and Pilot Scheme +39. Relationship and Integration with Existing Laws +40. Repeals and Savings +41. Regulations +42. Interpretation +SCHEDULES +FIRST SCHEDULE +Public Interest Data Classification Framework +SECOND SCHED ULE +Local Participation and Local Content Requirements +3 +A BILL ENTITLED +THE DATA HARMONISATION ACT, 20XX (ACT XXXX) +AN ACT to promote data harmonisation, standardisation and exchange to enhance data +governance, enable efficient public service delivery, and safeguard data rights and to provide +for related matters . +DATE OF ASSENT : +PASSED by Parliament and assented to by the President: +Preliminary Matters +Application of this Act +1. (1) This Act applies to all public interest data and all holders of public interest data . +(2) Without limiting subsection (1), this Act applies to: +(a) all public sector institutions, including ministries, departments, agencies, and +statutory bodies, that collect, generate, process, store or hold public interest +data; +(b) all private sector entities that generate, collect, store, or otherwise control or +proce ss public interest data in connection with a public function, a regulatory +obligation, or the provision of goods or services; +(c) any person or institution granted access to the National Data Exchange +Platform under this Act ; and +(d) any category of persons whom the Minister shall designate . +(3) This Act shall not compel the mandatory sharing of any information classified as +restricted data, or any other information whose disclosure would endanger +national security, defen ce, or public safety. +Objective s of the Act +2. The purpose of this Act is to establish a legal and institutional framework for the +harmonisation, sharing and use of public interest data, through a secure data +exchange infrastructure, to support efficient public administration and national +development. The objectives of this Act are to: +(a) promote coordinated and harmonised data governance across public and +private institutions; +(b) improve the quality, accessibility, interconnected ness and interoperability of +public interest data ; +(c) provide the legal mandate f or the sharing of public interest data; +(d) enable the lawful and secure sharing of public interest data across institutional +and sectoral boundaries; +(e) support innovation, competition, research, and evidence -based policy making +by enabling lawful access to publ ic interest data; +(f) protect the public from fraud, misinformation, and other risks arising from poor +data management and fragmented information systems; and +(g) ensure that public interest data is governed in accordance with national +values, applicable standard s, and international best practices . +4 +Guiding Principles +3. The implementation of this Act shall be guided by the following principles: +(a) data integrity, public interest data must be consistent , accurate and reliable ; +(b) data standardisation, there must be common formats, definitions and +classifications used across databases to enable exchange of information and +comparability ; +(c) data democratisation, public interest data must be accessible and readily +available for use across sectors; +(d) interoperability, systems and institutions must be able to interpret, use, and +exchange data seamlessly through the appropriate standards and protocols; +(e) reusability, redundant data collection must be avoided ; where applicable, the +same data should be collected once only and re-used appropriately across +institutions ; +(f) security, access to public interest data should be as open as possible, but as +closed as necessary; the right to access data must be balanced with the +privacy and safety of citizens and the security of the Republ ic; +(g) optimisation, data sharing and system integration should support the delivery +of timely, efficient and citizen -centred public services; and +(h) transparency, the collection, access and use of public interest data should be +forthright and promote accountabi lity and public trust . +Data Sharing and the National Data Exchange Platform +Establishment of the National Data Exchange Platform +4. (1) There is established by this Act the National Data Exchange Platform , a public +digital infrastructure for the secure, standardised and interoperable exchange of public +interest data . +(2) The National Data Exchange Platform shall operate as the central national +infrastructure for the provision and exchange of public interest data held by public +institutions and eligible private entities, specifically comprising open data and +shareable data. +(3) The National Data Exchange Platform shall: +(a) facilitate the lawful sharing , exchange and re -use of public interest data in +accordance with this Act; +(b) support machine -readable access to public interest data through standardised +APIs and related technologies; +(c) support accessi bility to public intere st data and the interoperability of +databases; +(d) facilitate the onboarding of data providers and data consumers; and +(e) promote transparency in the access and management of public interest data . +(4) The National Data Exchange Platform shall be held by the Republic through the +Ministry. +(5) The technical operation, configuration, administration and maintenance of the +National Data Exchange Platform shall be managed and supervised by the +Authority in accordance with the policy direction and objectives prescribed by the +Minister . +(6) The i nstallation and day -to-day operations of the National Data Exchange Platform +shall at all times be managed by an ent ity registered under the laws of Ghana and +5 subject to the local content and local participation requirements prescribed by the +Authority. +(7) The Minister may prescribe requirements and procedures for the administration of +the National Data Exchange Platform . +Data Sharing Obligation s +5. (1) All holders of public interest data shall identify and classify the public interest data +they hold as either open data, shareable data or restricted data in accordance with +Schedule 1 of this Act . +(2) The Minister may from time to time prescribe additional classifications of public +interest data. +(3) All open data holders shall provide access to such open data via the National +Data Exchange Platform in accordance with this Act and any directives issued +under it. +(4) Shareable data holders shall provide access to sharea ble data via the National +Data Exchange Platform upon the fulfilment of the relevant conditions required to +access that shareable data. +(5) Shareable data holders shall clearly define and make transparent any conditions, +procedures or terms which need to be met to access the shareable data. +(6) Nothing in this section shall be construed to require the sharing of data classified +as restricted, except as may be authoris ed under this Act or any other applicable +law. +(7) A holder of public interest data who fails to provide access in contravention of this +section commits an offence and shall be liable upon summary conviction to a fine +of not less than two hundred penalty unit s and not more than ten thousand penalty +units . +Data Providers +6. (1) A holder of public interest data may be designated as a data provider under this Act +and shall be onboarded onto the National Data Exchange Platform . +(2) A person shall qualify as a data provider if that person: +(a) is a public body or private entity or institution that holds public interest data; +or +(b) performs a statutory, regulatory, or public service function involving the +generation or management of public interest data; and +(c) meets the eligib ility criteria prescribed by the Authority. +(3) Without limiting the provisions of subsection (2) above, the Minister may designate +entities, bodies, systems, organisations and institutions as data providers. +(4) The Authority shall, in consultation with the Advisory Committee , prescribe the +criteria and procedures for determining eligibility as a data provider and the +responsibilities of approved data providers in their operation s on the National Data +Exchange Platform . +(5) The Authority shall issue guidelines on the process and technical requirements for +onboarding and integration with the National Data Exchange Platform . +6 +(6) A data provider shall: +(a) ensure the accuracy and completeness of the ir database provided; +(b) apply the appropriate classification, specifications and format requirements as +prescribed under this Act; +(c) implement appropriate security and technical measures, access controls and +data protection measures as required under this Act or any other applicable +law; and +(d) maintain internal processes to support tim ely and efficient data exchange in +accordance with this Act and any Regulations, directives or guid elines issued +under this Act . +(7) The Authority shall, in consultation with relevant sector regulators, maintain a +register of approved data providers . +Data Exchange Framework +7. (1) Data providers shall grant access to their databases in a file format which is +structured , machine -readable and compatible with the National Data Exchange +Platform to allow software applications to easily identify, recognise and extr act specific +data. +(2) The Authority shall, in consultation with the Advisory Committee , prescribe +technical and operational standards, including but not limited to: +(a) the use of standardised data formats across all databases ; +(b) the adoption of sector -appropriate data exchange formats, including but not +limited to XML and JSON; +(c) connectivity protocols that ensure secure, real -time, or scheduled data +transmission; +(d) the application of sector -specific classification systems, taxonomies, and +data dicti onaries; +(e) the use of unique identifiers across sectors to ensure traceability and data +deduplication; and +(f) metadata standards, classification levels, and tagging practices for all public +interest data. +(3) The Authority shall prescribe the technical specificati ons referenced under +subsection (2) and update them periodically to reflect international best practices +and emerging technologies. +(4) Where conversion of public interest data into the prescribed digital format is +impossible or would involve a disproportiona te effort, the data provider shall +consult with the Authority to determine an appropriate alternative prior to their +onboarding. +System Integration and API Governance +8. (1) A data provider shall ensure that all data sharing occurs through secure, +standard ised, and auditable APIs, as prescribed by the Authority in consultati on with +the Ghana Standards Authority . +(2) The Authority shall prescribe technical specifications on: +(a) API architecture, protocols, and endpoints to ensure system -wide +interoperability; +(b) authentication and authorisation mechanisms, including the use of digital +credentials, access tokens, and role -based permissions; +7 (c) encryption requirements for data in transit and at rest to preserve +confidentiality and integrity; +(d) tracking, logging, and audi t mechanisms for each data request and response +exchanged via the National Data Exchange Platform ; +(e) implementation of tiered access or safeguard measures for sensitive data +requiring limited or controlled disclosure ; and +(f) any other specifications that the Authority may deem relevant. +(3) A data provider shall comply with all specifications provided by the Authority in +accordance with sub section (2) and shall implement robust internal policies and +procedures to protect and safeguard access to their API keys to prevent +unauthorised use. +(4) A data provider who intentionally , recklessly or by gross negligence fails to prevent +API exposure and unauthorised access is subject to an administrative penalty of up +to ten thousand penalty units. +(5) A data provider shall not e xpose or allow access to any database through the +National Data Exchange Platform unless the relevant API integration has been +tested and approved by the Authority or a body designated by the Authority. +(6) A data provider who fails to comply with subsection (5) commits an offence and shall +be liable upon summary conviction to a fine of not less than five hundred penalty +units and not more than fifty thousand penalty units . +(7) The Authority may, in addition to the penalty under subsection (6), impose an +administrative penalty of up to one thousand penalty units. +(8) The Authority shall monitor API performance, integrity, and security on a continuous +basis, and may issue technical updates or revoke access where necessary to +ensure compliance with this Act . +Data Security +9. (1) A data provider shall implement appropriate technical and organisational measures +to ensure the confidentiality, integrity, security and continuous availability of the public +interest data they share through the National Data Exchange Pla tform . +(2) Without limiting subsection (1) or any other obligations of data providers under this +agreement, a data provider shall: +(a) establish role-based access controls and user authentication protocols to +prevent unauthorised access to the database; +(b) ensure encryption of data in transit and at rest, using standards prescribed by +the Authority; +(c) maintain routine backup systems for the database ; +(d) implement business continuity and disaster recovery measures to minimise +disruption in the event of system failure or compromise; and +(e) maintain internal controls and procedures for identifying, reporting, and +responding to security incident s. +(3) The Authority may, in consultation with the Cyber Security Authority , Data +Protection Commission and any other relevant government agencies , issue +guidelines or directives specifying minimum security standards for data providers +and data consumers. +8 (4) The Authority may prescribe different data security benchmarks for specific +sectors or databases , taking into account the nature, use, a nd sensitivity of the +data. +(5) A data provider shall, upon request, furnish the Authority with evidence of the +internal procedures and systems in place to ensure data security in accordance +with this section. +(6) A data provider shall notify the Authority promptly of any actual or suspected +breach, compromise, or unauthorised access affecting its database, and in any +case , no later than within seventy -two ( 72) hours of discovery : +(a) where the breach is of a nature affect ing personal data, then the data +provider shall additionally notify the Data Protection Commission in +accordance with the provisions of the [Data Protectio n Act 20XX, (Act +XXX) ]. +(b) where the bre ach is of a nature involving cybersecurity -related matters +then the data provider shall additionally notify the Cybersecurity Authority +within twenty -four (24) hours of detection in accordance with the +[Cybersecurity Act 20XX, (Act XXX) ]; +(7) The form and manner of notification in subsection ( 6) and the immediate steps to +be implemented after notification shall be prescribed by the Authority . +(8) A data provider who fails to comply with this section 9 commits an offence and +shall be liable upon summary conviction to a fine of not less than five hundred +penalty units a nd not more than fifty thousand penalty units. +(9) The Authority may, in addition to the penalty under subsection (8), impose an +administrative penalty of up to ten thousand penalty units. +Data Quality Requirements +10. (1) A data provider shall ensure that all databases made available through the National +Data Exchange Platform meet the quality standards prescribed by the Authority. +(2) For the purposes of subsection (1), a data provider shall: +(a) maintain the accuracy and completeness of public interest data contained in +its databases; +(b) eliminate duplicate records and ensure data consistency across systems; +(c) establish procedures for regular updates, corrections, and verification of data +entries; and +(d) where appropriate, impleme nt version control mechanisms to track changes +and ensure the integrity of historical records. +(3) The Authority may prescribe different data quality benchmarks for specific sectors +or categories of data, taking into account the nature, use, and sensitivity o f the +data. +(4) A data provider shall, upon request, furnish the Authority with evidence of the +internal procedures and systems in place to ensure data quality in accordance with +this section . +Audit Trails and Logging +11. (1) A data provider shall implement and maintain audit trails and logging mechanisms +for every access, transmission, or modification of public interest data through the +National Data Exchange Platform . +9 +(2) The audit trails and logs shall, at a minimum : +(a) record the identity of the data consumer or sy stem initiating the access or +request; +(b) specify the nature, date, time, and outcome of the transaction; +(c) indicate the database and category or classification of data accessed or +exchanged; and +(d) capture any anomalies, access failures, or unauthorised attempts . +(3) Audit logs shall be : +(a) securely stored in tamper -evident form; +(b) encrypted and protected from unauthorised access or deletion; and +(c) retained for a minimum of five (5) years, or such other period as may be +prescribed by the Authority . +(4) The Authority may : +(a) cond uct periodic reviews of audit trails for compliance monitoring or technical +assessment; +(b) require the submission of logs by data providers to support investigations, verify +system integrity, or assess suspected misuse; and +(c) issue directives regarding the form at, storage, or transmission of audit logs. +(5) A data provider shall establish internal protocols for monitoring and analysing audit +trails to detect unusual activity, prevent abuse, and support incident response. +Oversight and Accountability +12. (1) The Authority shall monitor and enforce compliance with this Act, and may take +appropriate enforcement action s against any data provider or data consumer who fails +to meet their obligations under this Act. +(2) In carrying out its oversight function, the Authority shall issue guidelines, +directives, and notices to ensure the proper functioning of the National Data +Exchange Platform . +(3) The Authority shall consult the Advisory Committee and other relevant +stakeholders in matters of joint oversight or technica l coordination. +(4) A data provider shall submit periodic reports on their performance on the National +Data Exchange Platform and their compliance with this Act. The form and +frequency of the reports shall be determined by the Authority. +(5) The Authority shall publish an annual report detailing performance indicators and +other key metrics of the National Data Exchange Platform and other relevant +information to promote transparency. +(6) Each data provider shall: +(a) appoint a designated officer responsible for ensuring compliance with the +obligations under this Act; +(b) respond to queries or directives issued by the Authority within the prescribed +timelines; and +(c) take corrective actions directed by the Authority promptly where deficiencies +are identified. +Governance Framework +10 Oversight Authority +13. The Authority shall be responsible for overseeing the implementation and +enforcement of this Act . +Functions of the Authority +14. The functions of the Authority include but are not limited to: +(a) overseeing the establishment and maintenance of the National Data +Exchange Platform ; +(b) ensuring the operational integrity, accessibility and efficiency of the National +Data Exchange Platform ; +(c) overseeing compliance with the provisions of this Act and any subs idiary +legislation , regulations, directives, guidelines or notices issued under this Act; +(d) developing, issuing and updating technical, operational and security +guidelines in consultation with the Advisory Committee ; +(e) overseeing the onboarding, registration, and monitoring of data providers and +data consumers; +(f) maintaining a register of data providers and data consumers connected to +the National Data Exchange Platform ; +(g) collaborating with relevant stakeholders to ensure alignment with national +policies and frame works; +(h) coordinating with other regulatory bodies to ensure alignment with applicable +laws, including but not limited to laws on data protection , cybersecurity , +standardisation and open banking ; +(i) issuing and enforcing administrative directives, notices or sa nctions as +provided under this Act; +(j) investigat ing and resolv ing disputes ; +(k) coordinating capacity building, stakeholder engagement, and public +education on data harmonisation and the National Data Exchange Platform ; +and +(l) advising the Minister on policy implementation matters under this Act. +Data Harmonisation Advisory Committee +15. (1) There is established by this Act a Data Harmonisation Advisory Committee to +provide operational insight, discuss cross -sectoral matters on data harmonisation +and provid e strategic advice to support the Authority in the effective performance of +its functions . +(2) The Committee shall be composed of: +(a) the Minister; +(b) a representative of the National Information Technology Agency not below +the rank of a director ; +(c) a representative of the Bank of Ghana not below the rank of director ; +(d) a representative of the Cyber Security Authority not below the rank of a +director ; +(e) a representative of the Data Protection Commission not below the rank of a +director ; +(f) a representative of the Ghana Stand ards Authority not below the rank of a +director or its functional equivalent; +(g) a representative of the Ghana Statistical Service not below the rank of a +director or its functional equivalent ; +(h) a representative of the National Communications Authority not bel ow the +rank of a director ; +(i) a representative of the National Identification Authority not below the rank of +a director or its functional equivalent ; +11 (j) a senior officer of the [National Intelligence Bureau/ National Security +Council ]; +(k) a representative of the Office of the Registrar of Companies not below the +rank of a director or its functional equivalent ; +(l) two persons from the private sector with expertise in data management, data +architecture, data analysis, standards engineering, ICT or digital services; +and +(m) one representative of civil society with experience in data protection, +intellectual property or digital rights. +(3) The members of the Committee shall be appointed by the Minister on the +recommendation of the respective institutions and at least three ( 3) of the +representatives shall be women . +(4) The Minister shall be C hairperson of the Advisory Committee . +(5) The Committee shall meet at least once every six months and may hold +extraordinary meetings: +(a) at the request of the Chairperson; or +(b) upon the written request of not less than one -third of the members of the +Advisory Committee. +(6) The Advisory Committee shall provide practical guidance on the implementation +of this Act only and shall not exercise any executive, regulatory or operational +authority under thi s Act. +(7) The Committee shall advise the Authority on : +(a) strategic direction and long -term planning for data exchange and +harmonisation; +(b) stakeholder coordination and multi -agency alignment; +(c) phased implementation of the Act and any practical challenges ; +(d) cross -sector engagements and feedback; +(e) drafting of guidelines under the Act; +(f) standards for interoperability and integration; and +(g) any other matters as may be referred to it by the Authority or the Minister. +(8) The term of office of a member of the Committee is four years , and a member is +eligible for reappointment for another term only. +Access and Use of the National Data Exchange Platform +Data Access +16. (1) A person approved by the Authority as a data consumer may access public +interest data through the National Data Exchange Platform in accordance with this +Act. +(2) Access to data on the National Data Exchange Platform shall be granted for the +following permitted purposes: +(a) delivery of public services or performance of statutory functions; +(b) research, innovat ion, and academic development; +(c) statistical analysis and evidence -based policymaking; +(d) detection and prevention of fraud, financial crime or other unlawful conduct; +(e) regulatory compliance, oversight and supervision functions; or +(f) any other lawful purpose s approved by the Authority in consultation with the +Minister . +12 +(3) A person seeking approval as a data consumer shall apply to the Authority for +authorisation. The application shall be made in a manner prescribed by the +Authority and at a minimum, must: +(a) identify the applicant and describe the purpose for which access is required; +(b) specify the public interest data for which access is being requested, +including any intended re -use or onward sharing; +(c) disclose the applicant ’s legal basis or authorisation for accessing the data, +where applicable; +(d) include high -level information on its technical systems for the purpose of +assessment for integration; +(e) comply with any other conditions prescribed by the Authority , including the +payment of prescribed fees . +(4) A person seeking app roval as a data consumer shall be a legal entity or body +corporate and shall not be a natural person. +(5) Upon approval, a data consumer shall be granted access credentials to the +National Data Exchange Platform for a period of one (1) year and assigned a data +access tier in accordance with their authorisation level. +(6) A data consumer may, upon expiration of their credentials, apply to the Authority +for a renewal of their subscription in the prescribed form. The Authority may +request additional up -to-date information from the applicant prior to granting a +renewal. +(7) A person who unlawfully or without the proper authorisation accesses databases +on the National Data Exchange Platform commits an offence and shall be liable +upon summary conviction to a fine of not less than one thousand penalty units and +not more than one hundred thousand penalty units or a term of imprisonment of +not more than five years or both. +(8) The Authority may, in addition to the penalty under subsection (7), impose an +administrative penalty of up to ten thousand penalty units. +(9) Data consumers may be required to enter data use agreements as a precondition +to accessing shareable data or restricted data. +(10) Data consumers shall not re -use data obtained through the National Data +Exchange Platform in a manner that duplicates or directly competes with the +service offered by the data provider whose database they accessed . +(11) Data consumers shall not re -use personal data except in a manner that has been +consented to by the data subject or is otherwise pe rmitted by law. +(12) A data consumer that contravenes subsections ( 10) and ( 11) commits an offence +and is liable on summary conviction to a fine of not less than five thousand +penalty units and not more than fifty thousand penalty units . +(13) The Authority shall, in consultation with the Advisory Committee, issue guidelines +on the permitted re -use of data. +(14) A person who purchases or sells, attempts to purchase or sell, or does any act +with the intent to purchase or sell data obtained through the National Data +Excha nge Platform , except as otherwise approved by the Authority, commits an +13 offence and is liable upon summary conviction to a fine of not less than five +thousand penalty units and not more than one hundred thousand penalty units or +a term of imprisonment of not more than seven years or both . +(15) A data provider shall maintain and submit to the Authority, in the form and +manner prescribed by the Authority, a data register cataloguing the public +interest data available through its database to promote ease of access . The data +register shall indicate: +(a) the public interest data available on the data provider ’s database; +(b) the classification of such data as open, shareable or restricted; +(c) for restricted or shareable data, any conditions or protoco ls required for the +disclosure of that data; +(d) the fees required to access their da tabase , where applicable; and +(e) any other information prescribed by the Authority. +(16) The Authority may refuse to grant an application where: +(a) the applicant fails to satisfy the applicable eligibility, legal, or technical +requirements; +(b) the data requested is classified as restricted and the applicant does not +possess the necessary clearance ; +(c) granting access may compromise national security, public safety, or data +integrity; or +(d) the request is otherwise inconsistent with the objectives of this Act. +(17) In the event of refusal, the Authority shall notify the applicant of the reasons for +the refusal. +(18) An international organisation or a foreign entity operating in Ghana may apply +for access to the National Data Exchange Platform through the Authority . +Applications for foreign data consumers shall be subject to additional conditions +prescribed by the Authority, and must be approved by the Minister. +(19) The Authority shall submit a list of all foreign data consumer applications that +have satisfied the prescribed additional criteria to the Minister for final approval +on a quarterly basis. +Onboarding and Access Control Protocols +17. (1) The Authority shall establish a process for onboarding data consumers which may +include the payment of any applicable onboarding or service fees. +(2) The Authority shall implement access control protocols to govern the scope and +level of access granted to each data consumer. +(3) A data consumer shall not access any database or transmit data beyond the +level or purpose for which access has been granted. The Authority may suspend +or revoke access for any data consumers who fail to comply with this section. +(4) Data consumers who contrav ene subsection (3) commit an offence and shall be +liable upon summary conviction to a fine of not less than five hundred penalty +units and not more than fifty thousand penalty units. +(5) The Authority may, in addition to the penalties under subsections (3) an d (4), +impose an administrative penalty of up to five hundred penalty units. +14 Cross -Border Transfers +18. (1) The transfer of public interest data through the National Data Exchange Platform +to data consumers outside the jurisdiction of Ghana is permitted only in accordance +with the provisions of this Act. +(2) Cross -border transfers pursuant to subsection (1) shall: +(a) be in compliance with the [Data Protection Act, 20XX(Act XXX) ] and other +applicable laws; +(b) comply with any safeguards, protocols or limitations prescribed under this Act +or issued by the Authority ; and +(c) be approved by the Minister. +(3) Safeguards under subsection (2) may include: +(a) restrictions on the type or category of data which may be transferred outside +the jurisdiction ; +(b) mandatory access through a registered Ghanaian subsidiary or an approved +local representative regulated by the Authority ; +(c) limitations on the duration of access; +(d) additional requirements for technical safeguards, access logs and audits ; and +(e) any safeguards prescribed by the Minister o r the Authority. +(4) A data provider or data consumer that facilitates or permits cross -border transfers +of data through the National Data Exchange Platform in a manner that +circumvents or violates this section, commits an offence and shall be liable upon +summary conviction to a fine of not less than five hundred penalty units and not +more than one hundred thousand penalty units. +(5) The Authority may, in addition to the penalty under subsection (4), impose other +administrative sanctions, including an administrat ive penalty of up to five thousand +penalty units . +Data Protection +Data Subject Rights +19. Nothing in this Act shall be construed to limit or derogate from the rights of data +subjects under the [Data Protection Act, 20 XX (Act XXX)]. Where public interest data +includes personal data, the processing, access, or sharing of such data through the +National Data Exchange Platform shall be undertaken in a manner that upholds Act +XXX. The Authority shall work in collaboration with the Data P rotection Commission +to ensure the enforcement of data subject rights in relation to the use , re-use and +exchange of personal data through the National Data Exchange Platform . +Obligations of Data Controllers and Data Processors +20. Nothing in this Act shall be construed to limit or derogate from the obligations of data +controllers and data processors under the [Data Protection Act, 20XX(Act XXX) ]. +Compliance and Enforcement +Compliance Monitoring +21. (1) The Authority shall establish and maintain a monitoring system to monitor +compliance with the rules, obligations and requirements of the National Data +Exchange Platform and this Act . +(2) The Authority may appoint inspectors to carry out monitoring functio ns outlined +under this Act or prescribed by the Authority or the Minister. +15 +(3) The inspector may at reasonable times: +(a) enter and inspect a premises, which the inspector knows or reasonably +suspects to be used for a purpose to which this Act applies, to ensure that the +provisions of this Act are complied with; or +(b) enter a premises to perform any other function imposed on the inspector +under this Act, or by the Authority. +(4) The inspectors shall submit quarterly compliance reports in the manner +prescribed by the Aut hority. +(5) The Authority may conduct audits on all participating institutions , within periods +to be determined by the Authority, to assess a participating institution ’s +compliance with applicable laws and the rules of the National Data Exchange +Platform . +Reporting Requirements +22. (1) Where requested by the Authority, a participating institution shall provide reports +on activities undertaken through the National Data Exchange Platform . The report +shall include any information as may be prescribed by the Author ity. +(2) A participating institution shall notify the Authority within seven days of any change +in the information that was submitted to the Authority for approval as a +participating institution. +Offences and Penalties +23. (1) A person who contravenes or fails to comply with any provision of this Act +commits an offence and, where no penalty is expressly provided, shall be liable upon +summary conviction to a fine of not less than two hundred penalty units and not more +than ten thousand penalty units or to a term of imprisonment of not more than two +years or both . +(2) A person who fails to comply with an administrative sanction prescribed by the +Authority under section 24 of this Act commits an offence and, where no penalty is +expres sly provided, shall be liable upon summary conviction to a fine of not less +than two hundred penalty units and not more than ten thousand penalty units or to +a term of imprisonment of not more than two years or both. +(3) Where an offence under this Act is com mitted by a body corporate or by a member +of a partnership or other firm, every director or officer of that body corporate or a +member of the partnership or any other person concerned with the management +of the firm shall be deemed to have committed that offence and is liable on +summary conviction to a fine or term of imprisonment as prescribed. +(4) A person shall not be convicted of an offence under subsection (3) if it is proved +that: +(a) due diligence was exercised to prevent the commission of the offence; and +(b) the offence was committed without the knowledge, consent or connivance of +that person. +Administrative Sanctions +24. (1) A person who contravenes or fails to comply with any provision of this Act which is +not designated as an offence may be liable to adminis trative sanctions as prescribed +by the Authority. +16 +(2) The Authority may prescribe the following sanctions: +(a) issue a warning or non -compliance notice to a participating institution; +(b) suspend a participating institution from use of the National Data Exchange +Platform; +(c) revoke access and r emove a participating institution from the National Data +Exchange Platform ; +(d) impose administrative penalties on a participating institution; +(e) impose bans on a participating institution; and +(f) any other sanction as may be appropriate to redress the stated non - +compliance. +(3) A participating institution that has its access or approval revoked may submit a +fresh application to the Authority to be reinstated after rectifying the breach or +non-compliance. +(4) Participating institutions that have been banned shall not be permitted to reapply +for access. +(5) The imposition of administrative sanctions or fines under this Act shall be without +prejudice to any penalties, fines or sanctions that may be imposed by any other +regulatory authority under any o ther enactment. +(6) Where the conduct of a person constitutes an offence under this Act and any +other enactment, nothing in this Act shall prevent the institution of proceedings +under that other enactment. +Dispute Resolution +25. (1)The Authority shall establish a dispute resolution process to resolve disputes: +(a) between data providers and data consumers; +(b) between or among different data providers; +(c) between data subjects and data providers or data consumers; and +(d) between the Authority and data providers, data consumers or data subjects . +(2) Where a dispute, pursuant to subsection s (c) and (d) above, concerns a matter +involv ing data subjects , their personal data and data subject rights, then the +Authority shall involve the Data Protection [ Commission/ Authority ] in the +resolution of the dispute . +(3) Where a dispute under subsection (1) involves matters pertaining to issues of +cybersecurity , then the Authority shall involve the Cybersecurity Authority in the +resolution of the dispute. +(4) Any o ne or more parties to a dispute m ay refer the dispute to the Authority for +settlement by any alternative dispute resolution mechanism . +(5) Where parties to a dispute agree that the dispute is to be settled by +(a) the dispute resolution committee established under section 2 6; or +(b) any alternative dispute resolution mechanism +the parties shall not institute an action in court until the dispute resolution +procedure has been exhausted. +Dispute Resolution Committee +17 26. (1) The Authority shall establish a Dispute Resolution Committee for the purpose of +the resolution of disputes and shall prescribe the rules of procedure of the Dispute +Resolution Committee . +(2) The composition of the Dispute Resolution Committee shall be determined by +the board of the Authority in consultation with the Advisory Committee . +(3) The Dispute Reso lution Committee shall expeditiously investigate and hear any +matter which is brought before it. +(4) The Authority shall determine the period within which disputes may be settled. +(5) The Dispute Resolution Committee may require evidence or argum ents to be +presented in writing and may decide the matters upon which it will hear oral +evidence or written arguments. +(6) A party to a dispute may appear at the hearing and may be represented by a +lawyer or another person of that person's choice. +Powers of the Dispute Resolution Committee +27. (1) The Dispute Resolution Committee shall have the power to : +(a) issue summons to compel the attendance of witnesses ; +(b) examine witnesses on oath, affirmation or otherwise ; +(c) compel the production of documents ; and +(d) refer a person for trial at the High Court for contempt. +(2) A summons issued by the Dispute Resolution Committee shall be under the hand +of the Secretary of the Authority . +Resolution of Referred Disputes +28. (1)The Dispute Resolution Committee may, in settling a dispute . +(a) make a declaration setting out the rights and obligations of the parties to the +dispute; +(b) make provisional or interim orders or awards related to the matter or part of +the matter, or give directions in furtherance of the hearing ; +(c) dismiss or refrain from hearing or determining a matter in whole or in part if it +appears that the matter or part of the matter, is trivial or vexatious or that +further proceedings are not necessary or desirable in the public interest; +(d) in appropriate circumstances, order an y party to pay the reasonable costs +and expenses of another party, including the expenses of witnesses and fees +of lawyers, in bringing the matter before the Authority; and +(e) generally give directions and do anything that is necessary or expedient for +the h earing and determination of the matter. +Data Harmonisation Tribunal +Establishment of the Data Harmonisation Tribunal +29. (1) There is by this Act established an appeal tribunal to be called the Data +Harmonisation Tribunal which shall be convened on an ad -hoc basis to consider +appeals against: +(a) decisions or orders made by the Authority or to review a particular matter +under this Act or its regulations , directives or guidelines; and +(b) decisions of the Dispute Resolutio n Committee of the Authority . +Composition of the Tribunal +18 30. (1) The members of the Tribunal shall be appointed by the Minister and shall consist +of: +(a) a chairperson who is either a retired Justice of the Superior Court or a lawyer +of at least fifteen years standing who has experience in technology law +(particularly data privacy, intellectual property, and cybersecurity matters) , +policy, regulations or ar bitration ; and +(b) two other members with experience or academic or professional qualifications +in the data governance , public digital infrastructure, electronic engineering, +data protection, cybersecurity, law, economics or business or public +administration . +(3) The Minister shall appoint a registrar and other staff necessary for the smooth +operations of the Tribunal. +(4) The expenses of the Tribunal shall be paid out of income derived by the Authority +under this Act and shall be part of the annual budget of the A uthority. +Rules of Procedure of the Tribunal +31. (1) The Authority shall, within thirty days of the commencement of this Act, prepare +proposals for rules of procedure for the Tribunal . +(2) The proposals shall be approved by a panel of the Tribunal specifically convened +for the purpose. +(3) The Authority shall by legislative instrument make Regulations under this Act +which shall prescribe the approved rules. +Right of Appeal +32. (1) A person affected by a decision of the Authority or the Dispute Resolution +Committee may appeal against it by sending a notice of appeal to the Tribunal in +accordance with the rules of procedure of the Tribunal . +(2) The notice of appeal must be sent within twenty -eight days after the date on +which the decision being appealed against is announced or received . +(3) The appellant shall set out in the notice of appeal: +(a) the decision appealed against; +(b) the provision under which the decision appealed against was taken; and +(c) the grounds of appeal. +(4) Within one month after receipt of a notice of appeal the Tribunal shall be +convened to consider the appeal. +Decisions of the Tribunal +33. (1) The Tribunal, after hearing the appeal may: +(a) quash the decision ; +(b) allow the appeal in whole or in part ; or +(c) dismiss the appeal and confirm the decision of the Authority . +(2) If the Tribunal allows the appeal in part, it may vary the decision of the Authority +in any manner and subject to any conditions or limitations that it considers +appropriate to impose . +(3) The Tribunal may take into account any submissions filed by a person acti ng as +a friend of the Tribunal in reaching a decision on an appeal brought before it . +19 +(4) A decision of the Tribunal has the same effect as a judgement of the High Court +and shall be final unless submitted to the High Court for review . +Financial Provisions +Fees +34. The Minister shall determine the fees to be charged under this Act in accordance with +the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080). +Sources of Funds +35. The funds of the National Data Exchange Platform shall include: +(a) seed money; +(b) fees accruing to the National Data Exchange Platform under this Act; +(c) moneys provided by Parliament; +(d) donations, gifts , grants and other voluntary contribution ; and +(e) any other moneys that are approved by the Minister responsible for Finance. +Expenses +36. The expenses of the National Data Exchange Platform shall be paid from moneys +provided from the funds of the National Data Exchange Platform . +Accounts and audits +37. (1) The Authority shall keep books of account and proper records in relation to the +National Data Exchange Platform in the form approved by the Auditor -General. +(2) The Authority shall submit the accounts of the National Data Exchange Platform +to the Auditor -General for audit within three months after the end of the financial +year. +(3) The Auditor -General shall, not later than three months after the receipt of the +accounts, audit the accounts and forward a copy of the audit report to the +Minister. +(4) The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Act. +(5) The financial year of the Authority and the entity that manages the National Data +Exchange Platform shall be the same as the financial year of the Government. +Transitional and Miscellaneous Provisions +Implementation and Pilot Scheme +38. The implementation of this Act shall be in phases as prescribed by the Minister. +Relationship and Integration with Existing Laws +39. (1)This Act shall be read in conjunction with applicable laws governing data +protection, intellectual property, public access to information, cybersecurity, electronic +transactions, and any other law which confers rights or imposes obligations relating +to the generation, use, protection, and sharing of data in Ghana, including but not +limited to the: +(a) Copyright Act, 2005 (Act 690) ; +(b) [Cybersecurity Act 20XX (Act XXXX) ]; +(c) [Data Protection Act, 20XX (Act XXXX) ]; +(d) [Electronic Communications Act, 20XX (Act XXXX )]; +(e) [Electronic Transactions Act, 20XX (Act XXXX )]; +20 (f) Ghana Standards Authority Act, 2022 (Act 1078 ); +(g) National Identification Authority Act, 2006 (Act 707) +(h) National Signals Bureau Act, 2020 (Act 1040); +(i) Patents Act, 2003 (Act 657); +(j) Protection Against Unfair Competition Act, 2000 (Act 589); +(k) Right to Information Act, 2019 (Act 989) ; +(l) Security and Intelligence Agencies Act, 2020 (Act 1030) ; +(m) State Secrets Act, 1962 (Act 101) ; +and shall not, except as otherwise provided in this Act, derogate from the +provisions of these Acts. +(2) Where there is any conflict between this Act and any relevant enactment in +respect of the standardisation and sharing of data , the provisions of this Act shal l +prevail. +40. Repeals and Savings +[TBD] +Regulations +41. The Minister may, on the recommendation of the Authority, make Regulations for the +implementation of this Act . +Interpretation +42. In this Act unless the context otherwise requires: +“Advisory Committee ” means the strategic Advisory Committee established to advise +the Authority on the implementation of this Act ; +“API” means an Application Programming Interface that enables the secure and +structured exchange of data between different systems or databases, including +authentication, authorisation, and data formatting protocols. +“Authority ” means the National Information Technology Agency ; +“database ” means an organised collection of relevant public interest data, whether +structured or unstructured , which is maintained and made available by a data +provider for access, exchange and use on the National Data Exchange Platform; +"data consumer" means a n artificial person or entity that accesses, uses, re -uses or +exchanges data through the National Data Exchange Platform for any lawful +purpose, including research, service delivery, innovation, or regulatory compliance; +“data controller ” shall be construed in accordance with the [Data Protection Act, 20 XX +(Act XXX)] and means a person who either alone, jo intly with other persons +determines the purposes for and the manner in which personal data is processed or +is to be processed ; +"data provider" means a public or private entity that generates, collects, processes, +stores or holds public interest data and makes that data available through the +National Data Exchange Platform in accordance with this Act; +“data register ” means a catalogue created by data providers to assist with navigating +their database . +21 “data subject ” shall be construed in accordance with the Data Protection Act, 20XX +(Act XXX) and means an individual who is the subject of personal data; +“data subject rights ” shall be c onstrued in accordance with the [Data Protection Act, +20XX (Act XXX) ] and means […] +“exchange ” means the structured, secure, and authorised transmission of data +between systems, institutions, or entities for a specific permitted purpose +“foreign ” means, in relation to a person or entity, any person or entity that is not +Ghanaian or an entity that is not incorporated, registered, or established under the +laws of Ghana. +"National Data Exchange Platform " means the public digital infrastruct ure designated +under this Act for the secure and standardised exchange of public interest data +between the public and private sectors ; +“Minister ” means the Minister assigned responsibility for the Ministry of +Communications; +“Ministry ” means the Ministry of Communications ; +"open data" means public interest data that is not subject to any law, regulation, or +policy that restricts its access or use, and may be accessed, used, reused, and +distributed by any person without legal or technical restriction; +“personal data ” shall be construed in accordance with the Data Protection Act, 20XX +(Act XXX) and means any information relating to an identified or identifiable natural +person , and includes one or a combination of the following, whether iden tified by +manual or automated processing: +(a) direct identifiers such as name ; email address ; phone number, identification +number ; registration number; bank account, bank or smart card number; +photographic or video image of face; +(b) indirect identifiers such as an location data ; age or age -range, occupation; +job; profession; vocation; business; workplace; title; education; voice - +recordings, postal code; place of birth; date of birth; marital status; +photographs or videos without facia l detail but identifications such as side +views, clothing, marks and mannerism; language preference; profiles without +facial detail but which could be attributed to a natural person by the use of +additional information ; +(c) online identifiers such as IP addres s; cookies; device ID; login credentials; +user IDs; push notification tokens, browser history or fingerprints; +(d) data which have undergone pseudonymisation, but which could be attributed +to a natural person by the use of additional information should be cons idered +to be information on an identifiable natural person ; and +(e) one or more factors specific to the physical, physiological, mental, economic, +cultural or social identity of that natural person ; +“participating institution ” means a data provider or data c onsumer as defined under +this Act ; +“processing ” shall be construed in accordance with the [Data Protection Act, 20 XX +(Act XXXX )] and means an operation or activity or set of operations by electronic or +other means that concerns data or personal data and the +(a) collection, organization, adaptation or alteration of the information or data, +22 (b) retrieval, consultation or use of the information or data , +(c) disclosure of the information or data by transmission, dissemination or other +means available, or +(d) alignment, combination, blocking, erasure or destruction of the information or +data; +"public interest data" means data, whether personal or non -personal, recorded and +documented in any manner and on any medium, which is collected, created, +generated, held or otherwise processed by public authorities, private entities, or other +institutions, and is either necessary for or beneficial to public purposes, inclu ding but +not limited to, the provision of public services, performance of public functions, +regulatory compliance, or national development. Public interest data shall include any +data prescribed as public interest data by the Minister; +"restricted data" m eans public interest data of a sensitive or classified nature, for +which access is limited by law, or may only be granted upon fulfilment of specified +conditions, including the demonstration of a legitimate interest or the application of +special procedures . Restricted Data includes state secrets, information relating to +national security, confidential business information, or other categories that the law +exempt s from public disclosure. Restricted data shall include any data prescribed as +restricted data by the Minister ; +“Republic ” means the Republic of Ghana; +“re-use” means the use , whether commercial or non -commercial, of public interest +data obtained through the National Data Exchange Platform for a purpose other than +the initial purpose for which the data was collected ; +"shareable data" means public interest data that is not classified as restricted data +but may only be accessed or used subject to prescribed terms, procedures, or +conditions; and +23 +FIRST SCHEDULE +Part X +(Section X) +Public Interest Data Classification Framework +Public interest data shall be classified for the purposes of this Act into — +a. open data , +b. shareable data , and +c. restricted data . +Open data refers to public interest data that : +a. is not subject to any le gal, commercial, or confidentiality restrictions; and +b. may be freely accessed, used, reused, or redistributed without requiring specific +authorisation. +Shareable data refers to public interest data that : +a. is not openly available to the public; but +b. may be accessed or reused by authorised persons under specific terms, conditions or +procedures prescribed by law or determined by the data provider. +Restricted data refers to public interest data : +a. which is subject to legal, contractual, or institutiona l restrictions on access, use, or +disclosure; or +b. which, if disclosed, may reasonably be expected to pose a risk to national security, public +order, individual privacy, or the rights and interests of a third party. +The Data Protection [Commission /Authority] is in consultation with the Authority shall +prescribe guid elines for the classification of data +The Minister may, on the advice of the Authority, by legislative instrument, issue guidelines +for: +a. the further classification of public interest data by sector, type, sensitivity, or purpose; and +b. the criteria for reclassification of data from one category to another, including from +restricted to shareable or from shareable to open, where applicable. +24 +SECOND SCHEDULE +Part X +(Section X) +Local Participation and Local Content Requirements for the National Data Exchange +Platform operator \ No newline at end of file diff --git a/assets/example_bills/data-harmonisation-bill/metadata.json b/assets/example_bills/data-harmonisation-bill/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..6529e99c9112214dacadb6eb2cb7083c5c0236a8 --- /dev/null +++ b/assets/example_bills/data-harmonisation-bill/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:10:44.410557+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Data-Harmonisation-Bill.pdf", + "document_hash": "26d38c2c48ca6cbb77bb26c3ce4471193a0e5fa9f1892ad0a7bd7009c5a8e611", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/data-protection-bill-2025/analysis.json b/assets/example_bills/data-protection-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..428c0c40fb3d424d1ad140f6745bc550c9c70d68 --- /dev/null +++ b/assets/example_bills/data-protection-bill-2025/analysis.json @@ -0,0 +1,79 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Data Protection Authority (DPA) as an independent body to oversee data protection compliance.", + "Applies to all data controllers (local and foreign) processing personal data, with specific obligations for government departments.", + "Mandates data protection principles including lawfulness, purpose limitation, data security, and transparency.", + "Grants data subjects rights such as access, erasure, correction, and objection to data processing.", + "Requires data controllers to register with the DPA, appoint data protection officers, and maintain records of processing activities.", + "Imposes penalties for non-compliance, including administrative fines and sanctions.", + "Includes exemptions for national security, law enforcement, and certain public interest activities.", + "Provides mechanisms for cross-border data transfers with safeguards and prior approval requirements.", + "Outlines the DPA\u2019s powers to investigate, issue guidelines, and enforce compliance through audits and corrective measures." + ], + "implementation": [ + { + "stakeholder": "Data controllers (including foreign entities)", + "obligation": "Register with the DPA, appoint a representative in Ghana if required, and maintain records of data processing activities.", + "implementation_burden": "Administrative costs for registration, compliance with data protection principles, and potential operational adjustments.", + "risk_or_note": "Non-compliance risks penalties, including fines and operational restrictions." + }, + { + "stakeholder": "Government departments", + "obligation": "Appoint data protection officers, obtain valid registration/certificates for data processing activities, and comply with DPA guidelines.", + "implementation_burden": "Additional bureaucratic steps for procurement and inter-departmental transactions involving personal data.", + "risk_or_note": "Failure to comply may result in administrative penalties, though contracts remain valid." + }, + { + "stakeholder": "Data protection officers", + "obligation": "Act as primary contacts for the DPA, document processing activities, and ensure compliance with data protection laws.", + "implementation_burden": "Ongoing monitoring, reporting, and coordination with data controllers.", + "risk_or_note": "Potential liability for non-compliance if they fail to fulfill their duties." + }, + { + "stakeholder": "Data processors", + "obligation": "Comply with security measures, report breaches, and adhere to instructions from data controllers.", + "implementation_burden": "Increased operational costs for data security and breach notification protocols.", + "risk_or_note": "Exposure to penalties if they fail to meet security requirements." + } + ], + "critique": [ + { + "issue": "Ambiguity in definitions of 'special personal data' and 'processing for special purposes'.", + "why_it_matters": "Lack of clarity may lead to inconsistent enforcement and disputes over compliance.", + "recommendation": "The DPA should issue detailed guidelines or definitions to ensure uniform interpretation." + }, + { + "issue": "Broad powers granted to the DPA without explicit safeguards against overreach.", + "why_it_matters": "Risk of arbitrary enforcement or misuse of authority without checks and balances.", + "recommendation": "Introduce independent oversight mechanisms or judicial review provisions for DPA decisions." + }, + { + "issue": "No specific timelines for processing complaints or appeals.", + "why_it_matters": "May delay redress for data subjects and create uncertainty for businesses.", + "recommendation": "Mandate clear deadlines for complaint resolution and appeal processes in regulations." + } + ], + "swot": { + "strengths": [ + "Establishes a robust legal framework aligned with international data protection standards.", + "Creates an independent DPA with clear enforcement powers to ensure accountability.", + "Protects data subjects' rights, enhancing public trust in digital services." + ], + "weaknesses": [ + "Potential regulatory burden on small businesses and startups due to compliance costs.", + "Unclear definitions and procedures may create ambiguity in implementation.", + "Risk of overreach by the DPA without sufficient oversight mechanisms." + ], + "opportunities": [ + "Encourages innovation in the digital economy by fostering trust in data handling practices.", + "Positions Ghana as a regional leader in data protection, attracting foreign investment.", + "Promotes the growth of data protection service providers and consultancy firms." + ], + "threats": [ + "Compliance costs may stifle SMEs and startups, reducing competition.", + "Overly strict regulations could hinder data-driven innovation and cross-border data flows.", + "Potential for misuse of exemptions (e.g., national security) to justify intrusive data practices." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/data-protection-bill-2025/chunks.json b/assets/example_bills/data-protection-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..d53f06719aa97cc92d69c21ff7d7c43b2218642d --- /dev/null +++ b/assets/example_bills/data-protection-bill-2025/chunks.json @@ -0,0 +1,100 @@ +[ + "DATA PROTECTION BILL , 2025\nARRANGEMENT OF SECTIONS\nPreliminary Provisions\n1. Application of the Act\n2. Application to the State\nData Protection Authority\n3. Establishment of Data Protection Authority\n4. Object of the Authority\n5. Independence of the Authority\n6. Powers of the Authority\n7. Functions of the Authority\n8. Governing body of the Authority\n9. Duties and liabilities of a member of the Board of Directors\n10. Tenure of office of members\n11. Meetings of the Board\n12. Disclosure of interest\n13. Establishment of committees\n14. Allowances\n15. Ministerial directives\nAdministration\n16. Appointment of Director General\n17. Functions of the Director General\n18. Appointment of Deputy Director General\n19. Appointment of other staff\nFinances of the Authority\n20. Funds of the Authority\n21. Bank accounts of the Authority\n22. Expenses of the Authority\n23. Exemption from tax\n24. Borrowing powers\n25. Accounts and audit\n26. Annual report and other reports\nInformation provided to Authority\n27. Disclosure of information\n28. Confidentiality of information\nDATA PROTECTION BILL , 2025\nEnforceme nt\n29. Enforcement notice\n30. Cancellation of enforcement notice\n31. Request for assessment\n32. Complaints redress procedure\n33. Determination by the Authority\n34. Restriction on enforcement in case of processing for special\npurposes\n35. Failure to comply with notice\n36. Compliance audit\nData Protection Principles\n37. Accountability\n38. Lawfulness of Processing\n39. Specification of Purpose\n40. Compatibility of Further Processing with Purpose of Collection\n41. Quality of Information\n42. Openness\n43. Data Security Safeguards\n44. Data Subject Participatio n\nApplication of Principles of Data P rotection\n45. Retention of records\n46. Ownership of records\n47. Data protection impact asses sment\n48. Legitimate interest assessment in data processing", + "41. Quality of Information\n42. Openness\n43. Data Security Safeguards\n44. Data Subject Participatio n\nApplication of Principles of Data P rotection\n45. Retention of records\n46. Ownership of records\n47. Data protection impact asses sment\n48. Legitimate interest assessment in data processing\n49. Data protection by design or by default.\n50. Data processor to comply with security measures\n51. Notification of security compromises\n52. Correction of personal data\n53. Regulation of emerging technologies\nRights of Data Subjects and O thers\n54. Right to access personal data\n55. Right to be informed\n56. Right to give and withdraw consent\n57. Right to data portability\n58. Right to complain\n59. Right to c ompensation\nDATA PROTECTION BILL , 2025\n60. Right to object processing of personal data\n61. Right to erasure or to be forgotten\n62. Right to amend\n63. Right to prevent processing of personal data for direct marketing\n64. Right to control processing of personal data for election\ncampaign\n65. Rights in relation to automated decision -taking\n66. Rights in relation to manual data\nProcessing of Special Personal D ata\n67. Processing of special personal data prohibited\n68. Consent for the proce ssing of personal data of a child\n69. Demand for health records\n70. Exemption related to religious or philosophical beliefs of data\nsubject\n71. Rectification, blocking, erasure and destruction of personal data\nData Protection Register\n72. Establishment of Data Protecti on Register\n73. Application for registration\n74. Right to refuse registration\n75. Grant of registration\n76. Renewal of registration\n77. Removal from Register\n78. Cancellation of registration\n79. Processing of personal data without registration prohibited\n80. Access by the public\n81. Duty to notify changes\n82. Failure to register", + "73. Application for registration\n74. Right to refuse registration\n75. Grant of registration\n76. Renewal of registration\n77. Removal from Register\n78. Cancellation of registration\n79. Processing of personal data without registration prohibited\n80. Access by the public\n81. Duty to notify changes\n82. Failure to register\n83. Assessable processing\n84. Appointment of data protection officers\n85. Fees\nAccreditation of data protection service providers\n86. Accreditation of data protection service providers\n87. Application for accreditation\n88. Grant of accreditation\n89. Non transferability of accreditation\n90. Validity of accreditation\nDATA PROTECTION BILL , 2025\n91. Suspension of accreditation\n92. Revocation of accreditation\nGeneral sanctions and penalties\n93. Sanctions and Penalties\n94. General penalty\n95. Appeal Mechanism\nCross Border Transfers of Personal D ata\n96. Basis for cross border transfer of personal data\n97. Safeguards prior to transfer of personal data out of Ghana\nExemptions\n98. National security\n99. Crime and taxation\n100. Health, education and social work\n101. Regulatory activity\n102. Journalism, literature and art\n103. Research, history and statistics\n104. Disclosure required by law or made in connection with a legal\nproceeding\n105. Domestic purposes\n106. Confidential references given by data controller\n107. Armed Forces\n108. Judicial appointments and honours\n109. Public service or ministerial appointment\n110. Examination marks\n111. Examination scripts\n112. Professional privilege\nGeneral provisions\n113. General duties of the Authority\n114. Codes, guidelines and certification\n115. International co -operation\n116. Prohibition to purchase, obtain or disclose personal data\n117. Prohibition of sale of personal data\n118. Conditional request for personal data prohibited\n119. Transmission of notices by electronic or other means\nDATA PROTECTION BILL , 2025\n120. Service of notices by the Authority\n121. Regulations\n122. Interpretation\n123. Repeal and savings", + "117. Prohibition of sale of personal data\n118. Conditional request for personal data prohibited\n119. Transmission of notices by electronic or other means\nDATA PROTECTION BILL , 2025\n120. Service of notices by the Authority\n121. Regulations\n122. Interpretation\n123. Repeal and savings\n124. Transi tional provisions\n125. Commencemen t\nA\nBILL\nENTITLED\nDATA PROTECTION ACT, 202 5\nAn Act t o establish the Data Protection Authority ; to regulat e the processing\nof personal data ; to provide the legal framework for the protection of personal\ndata, and for related matters.\nDATE OF ASSENT:\nPreliminary Provisions\nApplication of the Act\n1. (1) Except as otherwise provided, this Act applies to a data controller\nin respect of data where :\n(a) the data controller is established in this country and the data is\nprocessed in this country ;\n(b) the data controller is established in this country and the data is\nprocessed outside the country by eithe r the data controller or\ndata processor ;\n(c) the data controller is not established in this country but offers\ngoods and services to persons who are within the country ;\n(d) the data controller is not established in this country but their\nactivities involve monitoring or profiling of individuals in the\ncountry ;\n(e) the data controller is not established in this country but uses\nequipment or a data processor carrying on business in this\ncountry to process the data ; or\n(f) processing is in respect of information which originates partly or\nwholly from this country.\nDATA PROTECTION BILL , 2025\n(2) Subject to the requirements under subsection (3) , a data controller\nthat is not established in this country shall not be required to register as an\nexternal company unless otherwise required by any other enactment or law.", + "wholly from this country.\nDATA PROTECTION BILL , 2025\n(2) Subject to the requirements under subsection (3) , a data controller\nthat is not established in this country shall not be required to register as an\nexternal company unless otherwise required by any other enactment or law.\n(3) A data controller that is not established in this country shall\ndesignate in writing a representative within the country where:\n(a) the data controller processes large -scale data on a frequent or\ncontinuous basis;\n(b) the data controller processes special personal data of individuals\nin the country; or\n(c) the data controller processes personal data relating to criminal\noffences in the country .\n(4) The requirement to designate a representative in the country shall\nnot apply to a data controller whose processing of personal data is not likely\nto result in risks to rights and freedoms of data subjects .\n(5) For the purposes of this Act, provided that liability under the Act\nshall remain with the data controller, the representative shall only:\n(a) serve as the primary contact for the Authority and data subjects\nof the data controller ;\n(b) document and maintain records of the data controller\u2019s\nprocessing activities in the country;\n(c) be authorised to receive and process all documentation relating\nto data processing on behalf of the data controller ; and\n(d) be subject to enforcement actions under the Act on behalf of the\ndata controller .\n(6) For the purposes of this Act the following are to be treated as\nestablished in this country:\n(a) an individual who is ordinarily resident in this country;\n(b) a body incorporated or registered under the laws of this country;\n(c) a body whose central administration or management of business\nor operational activities takes place in this country ;", + "established in this country:\n(a) an individual who is ordinarily resident in this country;\n(b) a body incorporated or registered under the laws of this country;\n(c) a body whose central administration or management of business\nor operational activities takes place in this country ;\n(d) a partnership, persons registered under the Registration of\nBusiness Names Act, 1962 (Act 151) and the Trus tees\n(Incorporation) Act, 1962 (Act 106);\n(e) an unincorporated joint venture or association operating in part\nor in whole in this country; and\nDATA PROTECTION BILL , 2025\n(f) any person who does not fall within paragraphs (a),(b), (c) or (d)\nbut maintains an office, branch or agency through which\nbusiness activities are carried out in this country.\n(7) For the purposes of this Act, a person is ordinarily resident in the\ncountry where that person holds a residence permit issued by the appropriate\nauthority, or in any other situation where :\n(a) that person has been present in this country for a n aggregate\nperiod of not less than 183 days in any 12 -month period ,\nregardless of temporary absences ; and\n(b) has adopted living in the country for settled purposes as part of\nregular activities .\n(8) Subject to the Republic\u2019s national security and intelligence\nneeds, t his Act does not apply to data which originates externally and merely\ntransits through this country unless it is subsequently processed in the country .\nApplication to the State\n2. (1) This Act binds the Republic.\n(2) For the purposes of this Act, each government department shall be\ntreated as a data controller.", + "transits through this country unless it is subsequently processed in the country .\nApplication to the State\n2. (1) This Act binds the Republic.\n(2) For the purposes of this Act, each government department shall be\ntreated as a data controller.\n(3) Each government department shall appoint an officer to act as a data\nprotection officer .\n(4) Subject to subsection (5), g overnment departments shall not engage in\nany dealings or transaction with other government departments or any other\nperson that involve the processing of personal data , without a valid certificate\nof registration issued by the Authority , or by a national foreign data\nprotection regulator where t hat person is not established in the country .\n(5) For the purposes of this Act, the following constitutes dealings or\ntransactions with a person provided that it involves the processing of personal\ndata:\n(a) public -private partnerships under the Public Private Partnership\nAct, 2020 (Act 1039) ;\n(b) procurement contracts or agreements under the Public\nProcurement Act, 2003 (Act 663) as amended ;\n(c) any contract or agreement where the data controller processes\nlarge -scale data or special personal data ;\nDATA PROTECTION BILL , 2025\n(d) any contract for the provision of services including legal,\nmedical, health, broadcast and telecommunication,\nengineering, transportation and logistics, education, technology\nand software provision, water and sanitation, marketing and\nadvertisement, real estate, research and development, human\nresource and recruitment, tourism and hospitality, event\nmanagement, food production and agriculture , accounting,\nfinanc e, insurance, banking, consulting, power and energy,\nmining, oil and gas, security , emergency and relief , non -profit\nand other professional service s;", + "resource and recruitment, tourism and hospitality, event\nmanagement, food production and agriculture , accounting,\nfinanc e, insurance, banking, consulting, power and energy,\nmining, oil and gas, security , emergency and relief , non -profit\nand other professional service s;\n(e) any contract or agreement for the provision of a service s which\nis necessary or incidental to the business or operations of the\ngovernment department ;\n(f) any contract or agreement that requires cross -border transfer of\ndata; and\n(g) international business and economic transactions .\n(6) For the avoidance of doubt, the routine procurement of goods and\nservices such as food supplies , office equipment , stationery or administrative\nmaterials do not constitute dealings and transactions under this section.\n(7) The failure of the government department to comply with subse ction (4)\nshall not invalidate a contract or render a contract illegal and unenforceable .\n(8) A government department who breaches subsection (4) shall be liable to\nan administrative penalty .\n(9) The Authority may by guidelines or directives , determine which\ncategories of dealings or transactions under subsection (5) may be not be\nsubject to the requirements under subsection (4) for the time being.\n(10) The Minister may by legislative instrument expand t he categories or\ntransactions under subsection ( 5).\n(11) Where the purposes and the way the processing of personal data are\ndetermined by a person acting on behalf of the Executive, Parliament and the\nJudiciary, the data controller in respect of that data for the purposes of this\nAct is\n(a) in relation to the Executive, the Chief of Staff ,\n(b) in relation to Parliament, the Clerk to Parliament, and", + "determined by a person acting on behalf of the Executive, Parliament and the\nJudiciary, the data controller in respect of that data for the purposes of this\nAct is\n(a) in relation to the Executive, the Chief of Staff ,\n(b) in relation to Parliament, the Clerk to Parliament, and\n(c) in relation to the Judiciary, the Judicial Secretary.\nDATA PROTECTION BILL , 2025\n(12) Despite subsection ( 11), a person in a different capacity may be\nappointed as data controller and such person must be designated in writing\nto the Authority .\nData Protection Authority\nEstablishment of the Data Protection Authority\n3. (1) There is established by this Act , the Data Protection Authority .\n(2) The Authority \u2013\n(a) shall be a body corporate, with perpetual succession and a\ncommon seal;\n(b) may sue or be sued in its corporate name; and\n(c) may acquire, hold and dispose of its property.\n(3) Where there is hindrance to the acquisition of property, the property may\nbe acquired for t he Authority under the Land Act, 2020 (Act 1036) and the\ncosts shall be borne by the Authority .\nObject of the Authority\n4. The object of the Authority is to:\n(a) protect the privacy of the individual and personal data by\nregulating the processing of personal information,\n(b) ensure efficient management of personal data to prevent data\nexploitation and abuse ;\n(c) establish standards for the processing of data locally and by cross -\nborder transfer mechanisms,\n(d) regulate the personal data digital economy to build trust and\nconfidence in the delivery of digital services, and\n(e) provide the process to obtain, hold, use or disclose personal\ninformation .\nIndependence of the Authority", + "border transfer mechanisms,\n(d) regulate the personal data digital economy to build trust and\nconfidence in the delivery of digital services, and\n(e) provide the process to obtain, hold, use or disclose personal\ninformation .\nIndependence of the Authority\n5. (1) The Authority shall be independent , and shall not be subject to the\ndirection, control, influence and pressure of any person or authority , including\nthe government in the exercise of its object , powers and functions.\n(2) The p rimary d ecision -making power and enforcement as it relates to\nrights and obligations under this Act shall reside with the Authority.\nDATA PROTECTION BILL , 2025\n(3) The Authority shall exercise its functions and powers impartially,\nwithout bias, and in the best interests of safeguarding individuals \u2019 rights under\nthis Act .\n(4) The Authority shall establish and implement mechanisms for en suring\naccountability of the actions or inactions and obligations of data controllers\nand data processors under the Act.\n(5) The Authority shall have power to determine its organisational structure\nand regulate its own internal procedures .\nPowers of the Authority\n6. The Authority is granted the power to:\n(a) issue market conduct regulations, rules, directives and guidelines\nunder this Act ;\n(b) conduct investigations into alleged breaches of data protection\nregulations;\n(c) provide accreditation to data protection service providers;\n(d) facilitate conciliation, mediation and negotiation on disputes\narising from this Act;\n(e) issue summons to a witness for the purposes of investigation;\n(f) issue corrective measures, administrative fines, penalties , direct\npeer regulators to cancel or suspend licenses or operations or issue\nsanctions in response to identified non -compliance with the\nprovisions of this Act and", + "arising from this Act;\n(e) issue summons to a witness for the purposes of investigation;\n(f) issue corrective measures, administrative fines, penalties , direct\npeer regulators to cancel or suspend licenses or operations or issue\nsanctions in response to identified non -compliance with the\nprovisions of this Act and\n(g) make any determination as the Authority finds just and equitable .\nFunctions of the Authority\n7. To achieve the object, the Authority shall\n(a) implement and monitor compliance with the provisions of this\nAct;\n(b) make the administrative arrangements it considers appropriate\nfor the discharge of its duties;\n(c) investigate any complaint under this Act and determine it in the\nmanner the Authority considers fair;\n(d) keep and mainta in the Data Protection Register;\n(e) carry out a udits to assess compliance with the provisions of this\nAct;\n(f) facilitate train ing of data protection officers;\nDATA PROTECTION BILL , 2025\n(g) provide guidance, disseminate information, and collaborate\nwith relevant entities to enhance understanding and awarenes s\nof data protection principles and\n(h) prescribe and enforce appropriate remedies to address violations\nand mitigate the impact on individuals' privacy and data\nmanagement and data security rights.\nGoverning body of the Authority\n8. (1) The governing body of the Authority is a Board consisting of\n(a) a chairperson;\n(b) one representative from the following:\n(i) Commission on Human Rights and Administrative\nJustice not below the rank of a Deputy Commissioner;\n(ii) Ministry of Communications not below the rank of a\nDirector ;\n(iii) National Communications Authority not below the\nrank of a Director;\n(iv) Bank of Ghana not below the level of Deputy Governor;", + "Justice not below the rank of a Deputy Commissioner;\n(ii) Ministry of Communications not below the rank of a\nDirector ;\n(iii) National Communications Authority not below the\nrank of a Director;\n(iv) Bank of Ghana not below the level of Deputy Governor;\n(c) one representative elected by the Industry Forum;\n(d) two other persons nominated by the President at least one of\nwhom is a woman; and\n(e) the Director General of the Authority .\n(f) provided that the composition of the Board shall have not less\nthan three women\n(2) The members of the Board shall be appointed by the President in\naccordance with article 70 of the Constitution.\n(3) The Board shall ensure the proper and effective performance of\nthe functions of the Authority .\nDuties and liabilities of a member of the Board of Directors\n9. (1) A member of the Board of Directors has the same fiduciary relationship\nwith the Authority a nd the same duty to act with loyalty and in good faith as\na director of a company incorporated under the Companies Act, 2019 (Act\n992).\n(2). Without limiting subsection (1), a member of the Board of Directors\nhas a duty\nDATA PROTECTION BILL , 2025\n(a) to act honestly and in the best interest of the Authority in the\nperformance of the functions of the Authority;\n(b) to exercise the degree of care and diligence in the performance of\nfunctions that a person in that position would reasonably be\nexpected to exercise in the circumstances;\n(c) not to disclose information acquired in the capacity of the member\nas a member of the Board of Directors to any person or make use\nof that information, except in the performance of functions;", + "functions that a person in that position would reasonably be\nexpected to exercise in the circumstances;\n(c) not to disclose information acquired in the capacity of the member\nas a member of the Board of Directors to any person or make use\nof that information, except in the performance of functions;\n(d) not to abuse the position of the office; and\n(e) not to pursue personal interests at the expense of the Authority.\n(3) A member of the Board of Directors, other than the Director General,\nshall not participate in the day -to-day running of the Authority.\n(4) A member of the Board is not personally liable for damage or injury to\na third party that arises in the execution of an official duty of that member, if\nthe member at all material times acted in good faith.\n(5) The Authority shall indemnify and hold harmless such a member\nagainst any legal costs, including attorney\u2019s fees, expenses, and liabilities\nreasonably incurred in connection with any legal proceedings instituted\nagainst the member in respect of acts done or purported to have been done in\nthe performance of official duties, p rovided that the member acted in good\nfaith and in the interest of the Authority.\n(6) A member of the Board of Directors who contravenes subsection (1) or\n(2) commits an offence and is liable on summary conviction to a fine of not\nless than two thousand p enalty units and not more than twenty thousand\npenalty units.\n(7) Where a court determines that the Authority has suffered a loss or\ndamage as a result of the act or omission of a member of the Board of\nDirectors, the court may, in addition to imposing a fine, order the member to", + "penalty units.\n(7) Where a court determines that the Authority has suffered a loss or\ndamage as a result of the act or omission of a member of the Board of\nDirectors, the court may, in addition to imposing a fine, order the member to\npay appropriate compensation to the Authority.\nTenure of office of members\n10. (1) A member of the Board shall hold office for a period not exceeding\nfour years and is eligible for re -appointment, but a member shall not be\nappointed for more than two terms.\n(2) Subsection (1) does not apply to the Director General of the\nAuthority .\nDATA PROTECTION BILL , 2025\n(3) A member of the Board may at any time resign from office in\nwriting addressed to the President through the Minister.\n(4) A member of the Board, other tha n the Director General who is\nabsent from three consecutive meetings of the Board without sufficient cause\nceases to be a member of the Board.\n(5) The President may by letter addressed to a member revoke the\nappointment of that member.\n(6) Where a member of the Board is, for a sufficient reason, unable to\nact as a member, the Minister shall determine whether the inability would\nresult in the declaration of a vacancy.\n(7) Where there is a vacancy\n(a) under subsection (3) or (4) ;\n(b) as a result of a declaration under subsecti on (6); or\n(c) by reason of the death of a member the Minister shall\nnotify the President of the vacancy and the President shall appoint a person to\nfill the vacancy.\nMeetings of the Board\n11. (1) The Board shall meet at least once every three months for the dispatch", + "(c) by reason of the death of a member the Minister shall\nnotify the President of the vacancy and the President shall appoint a person to\nfill the vacancy.\nMeetings of the Board\n11. (1) The Board shall meet at least once every three months for the dispatch\nof business at 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 -\nthird of the membership of the Board convene an extraordinary meeting of the\nBoard at the place and time determined by the chairperson.\n(3) The quorum at a meeting of the Board is seven members of the\nBoard or a greater number determined by the Board in respect of an important\nmatter.\n(4) The chairpe rson shall preside at meetings of the Board and in the\nabsence of the chairperson, a member of the Board elected by the members\npresent from among their number shall preside.\n(5) Matters before the Board shall be decided by a majority of the\nmembers present and voting and in the event of an equality of votes, the\nperson presiding shall have a casting vote.\n(6) The Board may co -opt a person to attend a Board meeting but\nthat person shall not vote on a matter for decision at the meeting.\nDATA PROTECTION BILL , 2025\nDisclosure of interest\n12. (1) A member of the Board who has an interest in a matter for\nconsideration\n(a) shall disclose the nature of the interest and the disclosure shall\nform part of the record of the consideration of the matter; and\n(b) shall not participate in the deliberations of the Board in respect\nof that matter.\n(2) A member ceases to be a member of the Board if that member has", + "form part of the record of the consideration of the matter; and\n(b) shall not participate in the deliberations of the Board in respect\nof that matter.\n(2) A member ceases to be a member of the Board if that member has\nan interest on a 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\nmatter .\nEstablishment of committees\n13. (1) The Board may establish committees consisting of members of the\nBoard or non -members 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 12 applies to members of committees of the Board.\nAllowances\n14. Members of the Board and members of a committee of the Board shall\nbe paid the allowances approved by the Minister in consultation with the\nMinister responsible for Finance.\nPolicy directives\n15. (1) Notwithstanding subsection 5, the Minister may give written\ndirectives to the Board of Directors on matters of policy in line with the object\nand functions of the Authority , and the Board of Directors shall comply in a\nmanner consistent with the effective performance of the functions of the\nAuthority.\n(2) Subsection (1) shall not be construed to confer on the Minister the\npower to instruct the Authority on specific t echnical or operational matters\nin relation to the object and functions of the Authority.\nAdministration\nDATA PROTECTION BILL , 2025\nAppointment of Director -General\n16. (1) The President shall, in accordance with article 195 of the Constitution,\nappoint a Director -General for the Authority .\n(2) The Director -General shall hold office on the terms and", + "Administration\nDATA PROTECTION BILL , 2025\nAppointment of Director -General\n16. (1) The President shall, in accordance with article 195 of the Constitution,\nappoint a Director -General for the Authority .\n(2) The Director -General shall hold office on the terms and\nconditions specified in the letter of appointment .\n(3) The Director -General shall be a person of high moral character\nand integrity with the relevant professional qualifications and experience\nrelated to the functions of the Authority .\nFunctions of the Director -General\n17. (1) The Director -General is responsible for\n(a) the day-to-day administratio n of the affairs of the Authority and is\nanswerable to the Board in the performance of functions under this\nAct, and\n(b) the implementation of the decisions of the Board.\n(2) The Director -General shall perform any other functions determined by\nthe Board.\n(3) The Director -General may delegate a function to an officer of the\nAuthority but shall not be relieved of the ultimate responsibility for the\nperformance of the delegated function.\nAppointment of Deputy Director General\n18. (1) The President shall, in accordance with article 195 of the Constitution\nappoint a Deputy Director General for the Authority.\n(2) The Deputy Director -General shall hold office on such terms and\nconditions as shall be specified in his letter of appointment\n(3) The Deputy Director -General shall be responsible to the Director -\nGeneral in the performance of his functions under this Act.\n(4) The Deputy Director -General shall, subject to the provisions of this\nAct\n(a) assist the Director -General in the discharge of his functions and\nperform such other functions as the Director General may\ndelegate to him; and", + "General in the performance of his functions under this Act.\n(4) The Deputy Director -General shall, subject to the provisions of this\nAct\n(a) assist the Director -General in the discharge of his functions and\nperform such other functions as the Director General may\ndelegate to him; and\n(b) be responsible for the direction of the Authority when the\nDATA PROTECTION BILL , 2025\nDirector -General is absent from Ghana or is otherwis e unable to\nperform his functions .\nAppointment of other staff\n19. (1) The President shall in accordance with article 195 of the Constitution\nappoint for the Authority other staff that are necessary for the proper and\neffective performance of its functions.\n(2) Other public officers may be transferred or seconded to the\nAuthority or may otherwise give assistance to it.\n(3) The Authority may engage the services of advisers and\nconsultants on the recommendation of the Board.\nFinances of the Authority\nFunds of the Authority\n20. The funds of the Authority include\n(a) moneys approved by Parliament;\n(b) grants and donations;\n(c) internally generated funds;\n(d) any other moneys that are approved by the Minister responsible\nfor Finance.\nBank account s of the Authority\n21. Moneys for the Authority shall be paid into bank account s opened for\nthe purpose with the approval of the Controller and Accountant -General.\nExpenses of the Authority\n22. The expenses of the Authority shall be charged on the funds of the\nAuthority.\nExemption from tax\n23. Subject to article 174 of the Constitution and the Exemptions Act, 2022\n(Act 1083), the Authority is exempt from the payment of taxes that the\nMinister responsible for Fi nance may, in writing, determine with the prior\napproval of Parliament.", + "Authority.\nExemption from tax\n23. Subject to article 174 of the Constitution and the Exemptions Act, 2022\n(Act 1083), the Authority is exempt from the payment of taxes that the\nMinister responsible for Fi nance may, in writing, determine with the prior\napproval of Parliament.\nDATA PROTECTION BILL , 2025\nBorrowing powers\n24. (1) Subject to article 181 of the Constitution and section 76 of the Public\nFinancial Management Act, 2016 (Act 921), and with the prior consent in\nwriting of the Minister, the Authority may borrow money from a body\ncorporate or any other person.\n(2) For th e purposes of securing the money borrowed, the Authority\nmay, with the prior consent in writing of the Minister, mortgage, charge or\npledge a right, title or an interest in any of the properties of the Authority.\nAccounts and audit\n25. (1) The Board shall keep books of accounts and proper records in relation\nto them in the form approved by the Auditor -General.\n(2) The Board shall submit the accounts of the Authority to the\nAuditor -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\nreceipt of the accounts, audit the accounts and forward a copy of the audit\nreport to the Minister.\nAnnual report and other reports\n26. (1) The Board shall within one month after the receipt of the audit report,\nsubmit an annual report to the Minister covering the activities and the\noperations of the Authority for the year to which the report relates.\n(2) The annual report shall include :\n(a) the r eport of the Auditor - General ;\n(b) an assessment of the targets of the Authority; and", + "submit an annual report to the Minister covering the activities and the\noperations of the Authority for the year to which the report relates.\n(2) The annual report shall include :\n(a) the r eport 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\nrecommendations to improve the efficiency and effectiveness of\nthe Authority.\n(3) The Minister shall, within one month after the receipt of the\nannual report, submit the report to Parliament with a statement that the\nMinister considers necessary.\n(4) The Board shall also submit to the Minister any other reports,\nwhich the Minister may require in writing.\nInformation provided to the Authority\nDATA PROTECTION BILL , 2025\nDisclosure of information\n27. Except for special personal data and information relating to intelligence,\nand counterintelligence, t he provisions of an enactment or law which prohibit\nor restrict the disclosure of information do not apply to a case where a person\nfurnishes the Authority with information reasonably necessary for the\nperformance of the functions of the Authority under th is Act.\nConfidentiality of information\n28. (1) The Authority , an employee or an agent of the Authority shall not\ndisclose information\n(a) obtained by the Authority under or for the purposes of this Act,\n(b) furnished to the Authority under or for the purposes of this\nAct,\n(c) which relates to an identifiable individual, and\n(d) which is not at the time of the disclosure and has not previously\nbeen available to the public from other sources\nunless the disclosure is made with lawful authority.\n(2) A disclosure is made with lawful authority where the disclosure\n(a) is made with the free, informed and explicit consent of the", + "been available to the public from other sources\nunless the disclosure is made with lawful authority.\n(2) A disclosure is made with lawful authority where the disclosure\n(a) is made with the free, informed and explicit consent of the\nindividual or the person for the time being carrying on the\nbusiness,\n(b) was made for the purpose of it being made available to the public\nunder the provisions of this Act,\n(c) is made for the purposes of, and is necessary for, the performance\nof a function under this Act,\n(d) is made for the purposes of any civil or criminal proceedings,\nwhich arise under or by vi rtue of this Act or otherwise, or\n(e) having regard to the rights, freedoms or legitimate interests of a\nperson, the disclosure is necessary in the public interest.\n(3) A person who knowingly or recklessly discloses information in\ncontravention of subsection (1) c ommits an offence and is liable on\nsummary conviction to a fine of not more than two thousand five hundred\npenalty units.\nEnforcement\nDATA PROTECTION BILL , 2025\nEnforcement notice\n29. (1) Where the Authority is satisfied that a data controller has\ncontravened or is contravening any of the data protection principles, the\nAuthority shall serve the data controller with an enforcement notice to\nrequire that data controller to do any of the following:\n(a) to take or r efrain from taking the steps specified within the time\nstated in the notice,\n(b) to refrain from processing any personal data or personal data of a\ndescription specified in the notice; or\n(c) to refrain from processing personal data or personal data of a\ndescripti on specified in the notice for the purposes specified or in", + "stated in the notice,\n(b) to refrain from processing any personal data or personal data of a\ndescription specified in the notice; or\n(c) to refrain from processing personal data or personal data of a\ndescripti on specified in the notice for the purposes specified or in\nthe manner specified after the time specified.\n(2) In deciding whether to serve an enforcement notice, the Com -\nmission shall consider whether the contravention has caused or is likely to\ncause damage or distress to any person.\n(3) An enforcement notice issued in respect of a contravention of a\nprovision of this Act may also require the data controller to rectify, block,\nerase or destroy other data held by the data controller and which contains\nan expressi on of opinion which appears to the Authority to be based on the\ninaccurate data.\n(4) Where\n(a) an enforcement notice requires the data controller to rectify,\nblock, erase or destroy personal data, or\n(b) the Authority is satisfied that personal data which has been\nrectified, blocked, erased or destroyed was processed in\ncontravention of any of the data protection principles\nthe Authority may require the data controller to notify a third party to whom\nthe data has been disclosed of the rectification, blocking, erasure or\ndestruction.\n(5) An enforcement notice shall contain a statement of the data\nprotection principle which the Authority is satisfied has been contra vened\nand the reasons for that conclusion.\n(6) Subject to this section, an enforcement notice shall not require any\nof the provisions of the notice to be compl ied with before the end of the period\nwithin which an appeal may be brought against the notice and, if the appeal", + "and the reasons for that conclusion.\n(6) Subject to this section, an enforcement notice shall not require any\nof the provisions of the notice to be compl ied with before the end of the period\nwithin which an appeal may be brought against the notice and, if the appeal\nis brought, the no tice may not be complied with pending the determination\nor withdrawal of the appeal.\nDATA PROTECTION BILL , 2025\n(7) Despite subsection (6), the Authority may in exceptional\ncircumstances order that the notice apply immediately.\nCancellation of enforcement notice\n30. The Authority may, on its own motion or on an application made by a\nperson on whom a notice is served, cancel or vary the notice to that person.\nRequest for assessment\n31. (1) A person who is affected by the processing of any personal data\nmay on that person\u2019s own behalf or on behalf of another person request\nthe Authority to make an assessment as to whether the processing is in\ncompliance with the provisions of this Act.\n(2) On receiving a request, the Authority may make an assessment in\nthe manner that the Authority considers appropriate.\n(3) The Authority may consider the following in determining whether\nan assessment is appropriate:\n(a) the extent to which the request appears to the Authority to raise a\nmatter of substance;\n(b) any undue delay in making the request; and\n(c) whether or not the person making the request is entitled to make an\napplication in respect of the personal data in question.\n(4) The Authority shall not publish the report of any finding unless\n(a) the request is accompanied with the prescribed fee, or\n(b) the Authority waives payment based on proven pecuniary\nchallenges of the applicant.", + "application in respect of the personal data in question.\n(4) The Authority shall not publish the report of any finding unless\n(a) the request is accompanied with the prescribed fee, or\n(b) the Authority waives payment based on proven pecuniary\nchallenges of the applicant.\n(5) Where the Authority finds that the processing by a data controller is\ncontrary to the prov isions of this Act, the Authority shall issue a\ndetermination notice to the data controller specifying the contravention and\ngive the data controller notice to cease business operations and the data\ncontroller shall comply immediately.\nComplaints redress procedure\nDATA PROTECTION BILL , 2025\n32. (1) Any individual who believes that their rights under this Act have been\ninfringed upon by a data controller or data processor shall have the right to\nlodge a complaint with the Authority.\n(2) Complaints shall be submitted to the Authority in writing, electronically,\nor through any other means designated for this purpose.\n(3) Complaints shall contain sufficient information to identify the\ncomplainant and the alleged infringement, including details of the data\ncontroller or data processor involved, the nature of the alleged violation, and\nany supporting evidence.\n(4) Upon receipt of a complaint, the Authority shall conduct an initial\nassessment to determine its validity and whether it falls within the jurisdiction\nof the Authority.\n(5) The investigation shall be conducted in accordance with the procedures\nestablished by the Authority, ensuring fairness, transparency, and adherence\nto the principles of natural justice.\n(6) The data controller or data processor again st whom the complaint is\nlodged shall be provided with an opportunity to respond to the allegations and\npresent evidence in their defense.\n(7) Following the investigation, the Authority shall issue a de termination on", + "to the principles of natural justice.\n(6) The data controller or data processor again st whom the complaint is\nlodged shall be provided with an opportunity to respond to the allegations and\npresent evidence in their defense.\n(7) Following the investigation, the Authority shall issue a de termination on\nthe complaint, including remedial actions or sanctions deemed necessary and\nor prescribe compensation commensurate with the harm or distress suffered.\n(8) The Authority may b y guidelines or directives, prescribe timelines for\nthe complaints redress procedure.\nDetermination by the Authority\n33. (1) Where at any time it appears to the Authority that personal\ndata\n(a) is being processed in a manner inconsistent with the\nprovisions of this Act, or\n(b) is not being processed with a view to the publication by a\nperson of a journalistic, literary or artistic material which has\nnot previously been published by the data controller the\nAuthority may make a determination in writing to that effect.\n(2) The Authority shall give a notice of the determination to the data\ncontroller.\nDATA PROTECTION BILL , 2025\nRestriction on enforcement in case of processing for special purposes\n34. (1) The Authority shall not serve an enforcement notice on a data\ncontroller in relation to the processing of personal data unless a determination\nhas been made by the Authority .\n(2) The Authority shall not serve an information notice on a data\ncontroller in relation to the processing of per sonal data unless a determination\nhas been made by the Authority .\nFailure to comply with notice\n35. (1) A person who fails to comply with an enforcement notice commits an\noffence and is liable on summary conviction to a fine of not more than ten\nthousand penalty units or to a term of imprisonment of not more than one year", + "has been made by the Authority .\nFailure to comply with notice\n35. (1) A person who fails to comply with an enforcement notice commits an\noffence and is liable on summary conviction to a fine of not more than ten\nthousand penalty units or to a term of imprisonment of not more than one year\nor to both.\n(2) A person who, in compliance with an information notice,\n(a) makes a statement which that person knows to be false in a\nmaterial respect, or\n(b) recklessly makes a statement which is false in a material\nrespect\ncommits an offence and is liable on summary conviction to a fine of not\nmore than one hundred and fifty thousand penalty units .\n(3) It is a defence for a person charged with an offence under sub - section (1)\nto prove that, that person exercised due diligen ce to comply with the notice\nin question.\nCompliance audit\n36. (1) The Authority shall in writing , authori se an officer of the Authority\nor any other officer to perform the functions determined by the Authority for\nthe purpose of enforcing the provisions of this Act and the Regulations.\n(2) Without limiting subsection (1), a person authorised by the\nAuthority shall :\n(a) with a warrant of the court issued by ex-parte proceedings, or\n(b) with the free, written, informed and explicit consent of the data\ncontroller or data processor\nDATA PROTECTION BILL , 2025\nenter the premises of a data controller or data processor to audit the data\nprotection processes of a data controller or data processor to ensure\ncompliance with this Act.\n(3) Where there has been a data breach or a likely threat of a breach,", + "controller or data processor\nDATA PROTECTION BILL , 2025\nenter the premises of a data controller or data processor to audit the data\nprotection processes of a data controller or data processor to ensure\ncompliance with this Act.\n(3) Where there has been a data breach or a likely threat of a breach,\nand it would be impracticable to obtain a warrant due the exigencies of the\nsituation, the Authority may without warrant and with supervision of law\nenforcement , enter the premises of a data controller or data controller to audit\nthe data protection systems of a data controller or data processor at a\nreasonable time to ensure compliance with this Act.\n(4) The cost of the audit shall be agreed upon between the data\ncontroller and the Authority where the data controller or data processor has\nprior notice of the inspection.\n(5) The Authority shall review the findings of the audit , make\nappropriate determinations and issue sanctions or compliance audit\ncertifications accordingly .\nData Protection Principles\nAccountability\n37. (1) A data controller who processes personal data shall ensure that the\npersonal data is processed :\n(a) without infringing the privacy rights of the data subject;\n(b) in a lawful and reasonable manner;\n(c) for a specified purpose compatible with further processing ;\n(d) in a manner that adheres with standards of quality of information\nand openness;\n(e) in manner that prioritises data subject participation.\n(2) A data controller or data processor shall in respect of foreign data subjects\nensure that personal data is processed in compliance with data protection\nlegislation of the foreign jurisdiction of that subject where personal data\noriginating from that jurisdiction is sent to this country for process ing.\nDATA PROTECTION BILL , 2025", + "(2) A data controller or data processor shall in respect of foreign data subjects\nensure that personal data is processed in compliance with data protection\nlegislation of the foreign jurisdiction of that subject where personal data\noriginating from that jurisdiction is sent to this country for process ing.\nDATA PROTECTION BILL , 2025\n(3) A data controller or data processor that is not established in this country\nshall ensure that personal data is processed in compliance with this Act where\npersonal data originating from this country is processed outside the country.\nLawfulness of Processing\n38. (1) A data controller or processor may only process personal data if the\npurpose for which the personal data is to be processed, is necessary, relevant\nand not excessive.\n(2) A data controller or processor shall not process personal data without\nthe prior written, informed and explicit consent of the data subject unless the\npurpose for which the personal data is processed is\n(a) necessary for the purpose of a contract to which the data subject\nis a party;\n(b) authorised by law;\n(c) necessary for the proper performance of a statutory duty; or\n(3) Unless otherwise provided by law, a data subject may object to the\nprocessing of personal data.\n(4) Where a data subject objects to the processing of personal data, the\nperson who processes the personal data shall stop the processing of the\npersonal data.\n(5) A person shall collect personal data directly from the data subject.\n(6) Despite subsection (5 ), personal data may be collected indirectly\nwhere:\n(a) the data is contained in a public record;\n(b) the data subject has deliberately made the data public;\n(c) the data subject has consented to the collection of the information\nfrom another source;", + "where:\n(a) the data is contained in a public record;\n(b) the data subject has deliberately made the data public;\n(c) the data subject has consented to the collection of the information\nfrom another source;\n(d) the collection of the data from another source is not likely to\nprejudice a legitimate interest of the data subject;\n(e) the collection of the data from another source is necessary:\nDATA PROTECTION BILL , 2025\n(i) for the prevention, detection, investigation, prosecution or\npunishment of an offence or breach of law;\n(ii) for the enforcement of a law which imposes a pecuniary penalty;\n(iii) for the enforcement of a law which concerns revenue co llection;\n(iv) for the conduct of proceedings be fore any court or tribunal that\nhave commenced or are reasonably contemplated;\n(v) for the protection of national security; or\n(vi) for the protection of the interests of a responsible or third party to\nwhom the information is supplied;\n(f) compliance would prejudice a lawful purpose for the collection;\nor\n(g) compliance is not reasonably practicable.\n(7) Subject to subsections (2) and (3), a data controller who records personal\ndata shall not retain the personal data for a period longer than is necessary to\nachieve the purpose for which the data was collected and processed unless\n(a) the retention of the record is required or authorised by law,\n(b) the retention of the record is reasonably necessary for a lawful\npurpose related to a function or activity,\n(c) retention of the record is required by virtue of a contract between\nthe parties to the contract, or\n(d) the data subject consents to the retention of the record.", + "(b) the retention of the record is reasonably necessary for a lawful\npurpose related to a function or activity,\n(c) retention of the record is required by virtue of a contract between\nthe parties to the contract, or\n(d) the data subject consents to the retention of the record.\n(8) Subsection ( 7) does not apply to records of personal data retained for\n(a) historical,\n(b) statistical, or\n(c) research purposes.\n(9) A person who retains records for historical, statistical or research purposes\nshall ensure that the records that contain the personal data are adequately\nprotected against access or use for unauthorised purposes.\n(10) A person who uses a record of the personal data of a data subject to make\na decision about the data subject shall\nDATA PROTECTION BILL , 2025\n(a) retain the record for a period required or prescribed by law or a code\nof conduct, or\n(b) where there is no law or code of conduct that provides for the retention\nperiod, retain the record for a period which will afford the data subject an\nopportunity to request access to the record.\n(11)A data controller shall destroy or delete a record of personal data or de -\nidentify the record at the expiry of the retention period.\n(12) The destruction or deletion of a record of personal data shall be done in\na manner that prevents its reconstruction in an intelligible form.\n(13) A data processor or a person who processes personal data o n behalf of a\ndata controller shall\n(a) process the data only with the prior knowledge or authorisation of\nthe data controller, and\n(b) treat the personal data which comes to the knowledge of the data", + "(13) A data processor or a person who processes personal data o n behalf of a\ndata controller shall\n(a) process the data only with the prior knowledge or authorisation of\nthe data controller, and\n(b) treat the personal data which comes to the knowledge of the data\nprocessor or the other person as confidential.\n(14) A data processor or a person who processes personal data on behalf\nof a data controller shall not disclose the data unless\n(a) required by law, or\n(b) in the course of the discharge of a duty.\nSpecification of p urpose for collection of personal data\n39. (1) A data controller or processor shall collect personal data for specified,\nexplicit, and legitimate purposes and not further processed in a manner\nincompatible with those purposes.\n(2) A data controller who collects personal data shall collect the data for a\npurpose which is specific, explicitly defined and lawful and is related to the\nfunctions or activity of the person.\n(3) A data controller who collects data shall take the necessary steps to ensure\nthat th e data subject is aware of the purpose for the collection of the data.\nDATA PROTECTION BILL , 2025\nCompatibility of Further Processing with Purpose of Collection\n40. (1) Where a data controller holds personal data collected in connection\nwith a specific purpose, further processing of the personal data shall be for that\nspecific purpose.\n(2) A person who processes data shall take into account\n(a) the relationship between the purpose of the intended further\nprocessing and the purpose for which the data was collected ,\n(b) the nature of the data concerned,\n(c) the manner in which the data has been collected,\n(d) the consequences that the further processing is likely to have for the\ndata subject, and", + "processing and the purpose for which the data was collected ,\n(b) the nature of the data concerned,\n(c) the manner in which the data has been collected,\n(d) the consequences that the further processing is likely to have for the\ndata subject, and\n(e) the contractual rights and obl igations between the data subject and\nthe person who processes the data.\n(3) The further processing of data is considered to be compatible with\nthe purpose of collection where\n(a) the data subject consents to the further processing of the\ninformation,\n(b) the data is publicly available or has been made public by the person\nconcerned,\n(c) further processing is necessary\n(i) for the prevention, detection, investigation, prosecution or\npunishment for an offence or breach of law ,\n(ii) for the enforcement of a law which imposes a pecuniary\npenalty,\n(iii) for the enforcement of legislation that concerns protection of\nrevenue collection,\n(iv) for the conduct of proceedings before any court or tribuna l that\nhave commenced or are reasonably contemplated, or\n(v) for the protection of national security;\n(d) the further processing of the data is necessary to prevent or\nmitigate a serious and imminent threat to\nDATA PROTECTION BILL , 2025\n(i) public health or sa fety, or\n(ii) the life or health of the data subject or another individual;\n(e) the data is used for historical, statistical or research purposes and\nthe person responsible for the processing ensures that :\n(i) the further processing is carried out solely for the purpose for\nwhich the data was collected, and\n(ii) the data is not published in a form likely to reveal the identity\nof the data subject; or", + "the person responsible for the processing ensures that :\n(i) the further processing is carried out solely for the purpose for\nwhich the data was collected, and\n(ii) the data is not published in a form likely to reveal the identity\nof the data subject; or\n(f) the further processing of the data is in accordance with this Act.\nQuali ty of Information\n41. Subject to data participation rights of the data subject, a data controller\nwho processes personal data shall ensure that the data is complete, accurate,\nup to date and n ot misleading having regard to the purpose for the collection\nor processing of the personal dat a.\nOpenness\n42. (1) A data controller who intends to collect personal data shall ensure that\nthe data subject is aware of\n(a) the nature of the data being collected;\n(b) the name and address of the person responsible for the collection;\n(c) the purpose for which the data is required for collection;\n(d) whether or not the supply of the data by the data su bject is\ndiscretionary or mandatory;\n(e) the consequences of failure to provide the data;\n(f) the authorised requirement for the collection of the information or the\nrequirement by law for its collection;\n(g) the recipients of the d ata;\n(h) the nature or category of the data; and\n(i) the existence of the right of access to and the right to request\nrectification of the data collected before the collection.\nDATA PROTECTION BILL , 2025\n(3) Where the data is collected from a third party, the data subject shall be\ngiven the information specified in subsection ( 1) before the collection of the\ndata or as soon as practicable after the collection of the data.", + "DATA PROTECTION BILL , 2025\n(3) Where the data is collected from a third party, the data subject shall be\ngiven the information specified in subsection ( 1) before the collection of the\ndata or as soon as practicable after the collection of the data.\n(4) Subsection ( 1), shall not apply in the following situations where it is\nnecessary:\n(a) to avoid the compromise of the law enforcement power of a public\nbody responsible for the prevention, detection, investigation, prosecution or\npunishment of an offence;\n(b) for the enforcement of a law which imposes a pecuniary penalty;\n(c) for the enforcement of legislation which concerns revenue collection;\n(d) for the preparation or conduct of proceedings before a court or\ntribunal that have been commenced or are reasonably contemplated;\n(e) for the protection of national security;\n(f) to avoid the prejudice of a lawful purpose;\n(g) to ensure that the data cannot be used in a form in which the data\nsubject is identified; or\n(h) because the data is to be used for historical, statistical or research\npurposes.\nData security s afeguards\n43. (1) A data controller or processor shall take the necessary steps to secure\nthe integrity of personal data in the possession or control of the data controller\nor processor through the adoption of appropriate, reasonable, technical and\norganisational measures to prevent\n(a) loss of, damage to, or unauthorised destruction; and\n(b) unlawful access to or unauthorised processing of personal data.\n(2) For the purpose of subsection (1), the data controller shall take reasonable\nmeasures to\n(a) identify reasonably foreseeable internal and external risks to", + "(b) unlawful access to or unauthorised processing of personal data.\n(2) For the purpose of subsection (1), the data controller shall take reasonable\nmeasures to\n(a) identify reasonably foreseeable internal and external risks to\npersonal data under the possession or control of the data controller or\nprocessor ;\nDATA PROTECTION BILL , 2025\n(b) establish and maintain appropriate safeguards against the\nidentified risks;\n(c) regularly verify that the safeguards are effectively implemented;\nand\n(d) ensure that the safeguards are continually updated in response to\nnew risks or deficiencies.\n(3) A data controller or processor shall observe\n(a) generally accepte d information security practice s and procedure s,\nand\n(b) specific industry or professional rules and regulations.\n(4) Data controllers who collect, process, or store data shall implement\npolicies and procedures for the secure disposal of data when it is no longer\nneeded for its intended purpose.\n(5) Data disposal procedures shall be designed to ensure the permanent a nd\nirretrievable removal of data from all storage devices and systems.\n(6) The Authority shall \u2013\n(a) regulate the deployment of technological and organisational\nmeasures to enhance personal data protection; and\n(b) foster the development of personal data protection technologies,\nin accordance with recognised international best practices and applicable\ninternational law .\nData subject p articipation\n44. (1) A data subject shall have the right to:\n(a) access their personal data;\n(b) request rectification , correction or erasure of their personal data;\n(c) request to be forgotten;\n(c) request restriction of processing of their personal data.", + "44. (1) A data subject shall have the right to:\n(a) access their personal data;\n(b) request rectification , correction or erasure of their personal data;\n(c) request to be forgotten;\n(c) request restriction of processing of their personal data.\n(2) A data controller shall facilitate the exercise of these rights and respond\nto requests with in twenty -one working days .\nDATA PROTECTION BILL , 2025\nApplication of Principles of Data P rotection\nRetention of records\n45. (1) A data controller who records personal data shall not retain the\npersonal data for a period longer than is necessary to achieve the purpose for\nwhich the data was collected and processed unless\n(a) the retention of the record is required or authorised by law,\n(b) the retention of the record is reasonably necessary for a lawful\npurpose related to a function or activity,\n(c) retention of the record is required by virtue of a contract between\nthe parties to the contract, or\n(d) the data subject consents to the retention of the record.\n(2) Subsection (1) does not apply to records of personal data retained\nfor\n(a) historical,\n(b) statistical, or\n(c) research purposes.\n(3) A person who retains records for historical, statistical or research\npurposes shall ensure that the records that contain the personal data are\nadequately protected against access or use for unauthorised purposes.\n(4) A person who uses a record of the personal data of a data subject\nto decide about the data subject shall\n(a) retain the record for a period required or prescribed by law or a\ncode of conduct, or\n(b) where there is no law or code of conduct that provides for the", + "to decide about the data subject shall\n(a) retain the record for a period required or prescribed by law or a\ncode of conduct, or\n(b) where there is no law or code of conduct that provides for the\nretention period, retain the record for a period which will afford\nthe data subject an opportunity to request access to the reco rd.\n(5) A data controller shall destroy or delete a record of personal data\nor de -identify the record at the expiry of the retention period.\n(6) The destruction or deletion of a record of personal data shall be\ndone in a manner that prevents its reconstruction in an intelligible form.\nOwnership of records\n46. (1) As far as p ersonal data is concerned, personal data shall remain the\nproperty of the data subject and shall not be deemed to be owned by any other\nperson or entity solely by virtue of its processing.\nDATA PROTECTION BILL , 2025\n(2) A data controller or data processor shall be deemed to be a custodian\nor steward of personal data and shall only process such data in accordance\nwith this Act and for the purposes explicitly consented to by the data subject\nor permitted under la w.\n(3) Any provision of another enactment that purports to confer proprietary\nrights over personal data to a person other than the data subject shall, to the\nextent of such inconsistency, be void and of no effect.\n(4) For the avoidance of do ubt, ownership of computer equipment,\ndatabases, or software systems used to store or process personal data shall\nnot confer ownership of the personal data contained therein.\nData Protection Impact Assessment", + "extent of such inconsistency, be void and of no effect.\n(4) For the avoidance of do ubt, ownership of computer equipment,\ndatabases, or software systems used to store or process personal data shall\nnot confer ownership of the personal data contained therein.\nData Protection Impact Assessment\n47. (1) Where a data processing activity is likely to pose real risk to the rights\nand freedoms of a data subject, the data controller or data processor shall\nconduct a data protection impact assessment prior to processing the personal\ndata.\n(2) In consideration of the rights and legitimate interests of data\nsubjects , the data protection impact assessment must encompass the\nfollowing elements:\n(a) details of the intended processing activities, the purposes of the\nintended processing activities, and any legitimate interests pursued\nby the data controller or data processor.\n(b) an evaluation of the legal basis, and appropriateness of the\nprocessing activities with respect to their intended purposes.\n(c) an appraisal of the potential risks posed to the rights and freedoms\nof data subjects.\n(d) the proposed measures to mitigate identified risks, along with\nsecurity safeguards aimed at ensuring the protection of personal\ndata and demonstrating compliance with the relevant provisions\noutlined in this Act.\n(3) Should a data protection impact assessmen t conducted under this\nsection reveal that the processing of data would likely result in a real high\nrisk to the rights and freedoms of a data subject, the data controller or data\nprocessor is obligated to submit a report to the Authority for review and\napproval before proceeding with the processing.\nDATA PROTECTION BILL , 2025\n(4) The Authority shall provide comprehensive guidelines for the execution\nof impact assessments as outlined in this section, ensuring clarity and\nconsistency in their implementation.", + "processor is obligated to submit a report to the Authority for review and\napproval before proceeding with the processing.\nDATA PROTECTION BILL , 2025\n(4) The Authority shall provide comprehensive guidelines for the execution\nof impact assessments as outlined in this section, ensuring clarity and\nconsistency in their implementation.\nLegitimate interest asse ssment in data processing\n48. (1) A data controller shall ensure that any processing of personal data based\non legitimate interests is preceded by a Legitimate Interest Assessment.\n(2) The Legitimate Interest Assessment shall include:\n(a) a determination that the processing serves a legitimate interest of the\ndata controller or a third party;\n(b) an evaluation of whether the processing is necessary to achieve the\nidentified interest ; and\n(c) an assessment of whether the legitimate interest outweighs the rights\nand freedoms of the data subject .\n(3) The data controller shall document the Legitimate Interest\nAssessment and maintain records demonstrating compliance with this section .\n(4) Where the data subject objects to processing o n grounds relating to their\nrights and freedoms, the data controller shall reassess the Legitimate Interest\nAssessment and cease processing where the interests of the data subject\noverride the legitimate interest.\n(5) The Authority may request access to the Legitimate Interest\nAssessment documentation to verify compliance with this section.\nData protection by design and by default\n49. (1) A data controller or data processor shall implement appropriate\ntechnical and organisational measures which are designed \u2014\n(a) to implement the data protection principles in an effective manner;\nand\n(b) to integrate necessary safeguards for that purpose into the processing.\nDATA PROTECTION BILL , 2025\n(2) The duty under subsection (1) applies both at the time of the", + "(a) to implement the data protection principles in an effective manner;\nand\n(b) to integrate necessary safeguards for that purpose into the processing.\nDATA PROTECTION BILL , 2025\n(2) The duty under subsection (1) applies both at the time of the\ndetermination of the means of processing the data and at the time of the\nprocessing.\n(3) A data controller or data processor shall implement appropriate technical\nand organisational meas ures for ensuring that, by default, only personal data\nwhich is necessary for each specific purpose is processed, taking into\nconsideration \u2014\n(a) the amount of personal data collected;\n(b) the extent of its processing;\n(c) the period of its storage;\n(d) its accessibility; and\n(e) the cost of processing data and the technologies and tools used.\n(4) To give effect to this section, the data controller or data processor shall\nconsider measures such as\n(a) to identify reasonably foreseeable internal and external risks to\npersonal data under the person's possession or control;\n(b) to establish and maintain appropriate safeguards against the\nidentified risks;\n(c) to the pseudonymization and encryption of personal data;\n(d) to the ability to restore the availability and access to personal data\nin a timely manner in the event of a physical or technical incident;\n(e) to verify that the safeguards are effectively implemented; and\n(f) to ensure that the safeguards are continually updated in response\nto new risks or deficiencies .\n(5) The Minister shall by legislative instrument specify categories of data\ncontrollers and industr y-specific data controllers that must implement this\nrequire ment.\nDATA PROTECTION BILL , 2025\nData processor to comply with security measures", + "to new risks or deficiencies .\n(5) The Minister shall by legislative instrument specify categories of data\ncontrollers and industr y-specific data controllers that must implement this\nrequire ment.\nDATA PROTECTION BILL , 2025\nData processor to comply with security measures\n50. (1) A data controller shall ensure that a data processor who processes\npersonal data for the data controller, es tablishes and complies with the\nsecurity measures specified under this Act.\n(2) The processing of personal data for a data controller by a data\nprocessor shall be governed by a written contract.\n(3) A contract between a data controller and a data processor shall\nrequire the data processor to establish and maintain the confidentiality and\nsecurity measures necessary to ensure the integrity of the personal data.\n(4) Where a data processor is not domiciled in this country, the data\ncontroller shall ensure that the data processor complies with the relevant laws\nof this country.\nNotification of security compromises\n51. (1) A data controller shall notify the Authority and the data subject ,\nwithout any undue delay, of any security breach affecting personal data being\nprocessed by or on behalf of the data controller .\n(2) The notification shall be made immediately or within 72 hours after\nthe discovery of the unauthorised access or acquisition of the data.\n(3) A data controller shall take steps to ensure the restoration of the\nintegrity of the information system.\n(4) A data controller shall delay not ification to the data subject\nwhere the security agencies or the Authority inform the data controller that\nnotification will impede a criminal investigation.\n(5) The notification to a data subject shall be communicated by\n(a) registered mail to the last known residential or postal address", + "where the security agencies or the Authority inform the data controller that\nnotification will impede a criminal investigation.\n(5) The notification to a data subject shall be communicated by\n(a) registered mail to the last known residential or postal address\nof the data subject or\n(b) electronic mail to the last known electronic mail address of the\ndata subject .\n(c) placement in a prominent position on the website of the\nresponsible party;\n(d) publication in the media; and\n(e) any other manner that the Authority may direct.\n(6) A notification shall provide sufficient information to allow the\ndata subject to take protective measures against the consequences of\nunauthorised access or acquisition of the data.\nDATA PROTECTION BILL , 2025\n(7) The information shall incl ude, if known to the data controller, the\nidentity of the unauthorised person who may have accessed or acquired the\npersonal data.\n(8) Where the Authority has grounds to believe that publicity would\nprotect a data subject who is affected by the unauthorised ac cess or\nacquisition of data, the Authority may direct the data controller to publici se\nin the specified manner, the fact of the compromise to the integrity or\nconfidentiality of the personal data.\n(9) A data controller who fails to notify the Authority within the\nstipulated 72 hours timeframe shall be subject to an administrative penalty of\nnot less than two thousand penalty units and not more than hundred\nthousand penalty units.\n(10) The Authority may, in a ddition to compensation granted to a data\nsubject, impose an administrative penalty where it is of the opinion that\nsecurity compromise resulted from the data controller\u2019s inadequate\ncompliance with the provisions of this Act relating to safeguarding pers onal\ndata.", + "(10) The Authority may, in a ddition to compensation granted to a data\nsubject, impose an administrative penalty where it is of the opinion that\nsecurity compromise resulted from the data controller\u2019s inadequate\ncompliance with the provisions of this Act relating to safeguarding pers onal\ndata.\nCorrection of personal data\n52. (1) A data subject may request a data controller to\n(a) correct or delete personal data about the data subject held by or\nunder the control of the data controller that is inaccurate,\nirrelevant, excessive, out of date, incomplete, misleading or\nobtained unlawfully, or\n(b) destroy or delete a record of personal data about the data subject\nheld by the data controller that the data controller no longer has\nthe authorisation to retain or\n(c) destroy or delete a record of personal data about the data subject\ngenerally without reason if it is not unlawful.\n(2) On receipt of the request, the data controller shall comply with\nthe request or provide the data subject with credible evidence in support of the\ndata.\n(3) Where the data controller and the data subject are unable to reach\nan agreement and if the data subject makes a re quest, the data con troller shall\nattach to the record an indication that a request for the data has been made\nbut has not been complied with.\nDATA PROTECTION BILL , 2025\n(4) Where the data controller complies with the request, the data\ncontroller shall inform each person to whom the pers onal data has been\ndisclosed of the correction made.\n(5) The data controller shall notify the data subject of the action t aken\nas a result of the request.\n(6) The data subject shall bear the consequences of deletion or", + "disclosed of the correction made.\n(5) The data controller shall notify the data subject of the action t aken\nas a result of the request.\n(6) The data subject shall bear the consequences of deletion or\ndestruction of personal data that is essential for a service , purpose, or\nobjective, or if it results in a breach of law, breach of legal obligations between\nparties , invalidation of service or application, eligibility of service, denial of\nservice, unreliability of rec ord, incorrect and incomplete outcomes.\nApplication of Emerging Technologies\n53. (1) Data controllers utili sing advanced methods in data processing shall\nensure compliance with data protection principles.\n(2) Technology -driven decisions impacting data subjects shall be\nexplainable, contestable, and subject to human oversight to prevent bias and\nharm.\n(3) Privacy enhancing technologies shall be employed to ensure\ntransparency and accountability in automated decision -making processes.\n(4) The Authority shall regulate data processing involving these\ntechnologies, conduct risk assessments, and impose penalties for non -\ncompliance.\n(5) Systems used in critical sectors including but not limited to health,\nenergy, finance, banking, government services, transportation and logistics,\nfood and agriculture shall undergo periodic audits bi-annually to evaluate\nethical implications and ensure adherence to national and international\nstandards.\n(6) Data controllers developing or deploying such technologies shall\nimplement safeguards to protect personal data from unauthori sed access,\ndiscrimination, and unethical use.\n(7) In addition to any other requirements under an enactment for time -\nbeing, a ny service that utilises personal data to provide tailored experience,\nDATA PROTECTION BILL , 2025\nincluding but not limited to social media services; video -on-demand or", + "discrimination, and unethical use.\n(7) In addition to any other requirements under an enactment for time -\nbeing, a ny service that utilises personal data to provide tailored experience,\nDATA PROTECTION BILL , 2025\nincluding but not limited to social media services; video -on-demand or\nstreaming services; messaging application services; and e -commerce services\nand relies on emerging technologies, shall undergo a m andatory data\nprotection impact assessment prior to launch and shall implement personal\ndata governance frameworks consistent with data protection principles.\nRights of Data Subjects and Others\nRight to access to personal data\n54. (1) A data controller shall\n(a) inform an individual who is the data subject of the processing of\nthe individual\u2019s personal data held by the data controller or\nanother person on behalf of the data controller;\n(b) upon the request of a data subject, give to the data subject, a\ndescription of\n(i) the personal data of which that individual is the data\nsubject;\n(ii) the purpose for which the data is being or is to be\nprocessed; and\n(iii) the recipient or class of recipients to whom the data may\nbe disclosed;\n(c) communicate in an intelligible f orm to the data subject\n(i) information which constitutes personal data of\nwhich that individual is the subject;\n(ii) information which is available to the data controller\nas to the source of the data; and\n(d) inform the individual who is the data subject of the logic or rationale\nbehind the decision that was made based on the processi ng where the\nprocessing constitutes the sole basis for the taking of a decision which\nsignificantly affects that individual.\n(2) Where the data constitutes a trade secret, the provision of data", + "behind the decision that was made based on the processi ng where the\nprocessing constitutes the sole basis for the taking of a decision which\nsignificantly affects that individual.\n(2) Where the data constitutes a trade secret, the provision of data\nrelated to the logic or rationale involved in any decision taken does not apply.\n(3) A data controller shall not comply with a request under subsection\n(1) unless the data controller is supplied with the data that the data controller\nmay reasonably req uire to identify the person making the request and to locate\nthe data which that person seeks.\nDATA PROTECTION BILL , 2025\n(4) Where a data controller is unable to comply with the request\nwithout disclosing data related to another individual who may be identified\nfrom the information, th e data controller shall not comply with the request\nunless\n(a) the other individual consents to the disclosure of the data to the\nperson who makes the request, or\n(b) it is reasonable in all circumstances to comply with the request\nwithout the consent of the other data subject\n(5) A reference to data related to another individual in subsection (4)\nincludes a reference to data which identifies that individual as the source of\nthe data requested.\n(6) For the purposes of subsection (4) (b), to determine whether it is\nreasonable to comply with the request without the consent of the other\nindividual concerned, regard shall be had in particular, to\n(a) any duty of confidentiality owed to the other individual ,\n(b) any steps taken by the data controller to seek the consent of that\nother individual,\n(c) whether the other individual is capable of giving consent, and\n(d) any express refusal of consent by the other individual.", + "(a) any duty of confidentiality owed to the other individual ,\n(b) any steps taken by the data controller to seek the consent of that\nother individual,\n(c) whether the other individual is capable of giving consent, and\n(d) any express refusal of consent by the other individual.\n(7) An individual who makes a request under this section may specify\nthat the request is limited to personal data of an y description.\n(8) Subject to subsection (5), a data controller shall comply with a\nrequest under this section promptly and in any event within twenty -one\nworking days from the date of receipt of the request.\n(9) Where the Authority is satisfied on the application or a\ncomplainant in relation to matters under subsections (1) to ( 8) that the data\ncontroller has failed to comply with the request, the Authority may order the\ndata controller to comply with the request.\n(10) The data which is supplied pursuant to a request may take into\naccount an amendment or deletion made between the time of the request and\nthe time when the data is supplied.\n(11) A data controller shall create an enabling environment for a\ntimely fulfillment of a request to access their personal data .\n(12) For the purposes of this section another individual may be\nidentified from the data disclosed if that individual can be identified\n(a) from that data, or\nDATA PROTECTION BILL , 2025\n(b) from that data and any other data which in the reasonable belief\nof the data controller are likely to be in, or come into the\npossession of the data subject who made the request.\nRight to be informed\n55. (1) A data subject who provides proof of identity may request a data\ncontroller to", + "of the data controller are likely to be in, or come into the\npossession of the data subject who made the request.\nRight to be informed\n55. (1) A data subject who provides proof of identity may request a data\ncontroller to\n(a) confirm to the data subject whether the data controller holds\npersonal data about that data subject,\n(b) give a description of the personal data which is held by the data\ncontroller including data about the identity of a third party or a cat egory of a\nthird party who has or has had access to the information, and\n(c) correct data held on the data subject by the data controller.\n(2) The data subject shall make the request\n(a) in a manner determined by the data controller;\n(b) within a reasonable time;\n(c) in a form that is acceptable .\nRight to give and withdraw consent\n56. (1) A data subject shall have the right to grant and withdraw consent for\nthe processing of their personal data , that is to opt -in and opt -out, provided\nsuch consent is:\n(a) freely given, specific, informed, and unambiguous;\n(b) expressed through a clear affirmative act, including written,\nelectronic, or other recorded means;\n(c) revocable in accordance with t he provisions of this Act.\n(2) A data controller or processor shall ensure that the request for consent is\npresented in a manner distinguishable from other terms and conditions, using\nclear and plain language.\nDATA PROTECTION BILL , 2025\n(3) Consent obtained through coercion, deception, or undue influence shall\nbe deemed invalid and unenforceable.\n(4) A data subject shall have the right to withdraw consent at any time,", + "clear and plain language.\nDATA PROTECTION BILL , 2025\n(3) Consent obtained through coercion, deception, or undue influence shall\nbe deemed invalid and unenforceable.\n(4) A data subject shall have the right to withdraw consent at any time,\nwithout prejudice to the lawfulness of processing based on consent prior to its\nwithdrawal.\n(5) Upon withdrawal of consent, the data controller or processor shall:\n(a) immediately cease processing the affected personal data, except\nwhere otherwise authorized by law.\n(b) ensure the prompt deletion or anonymization of such data,\nunless retention is necessary for legal compliance, contractual execution,\nor the establishment, exercise, or defense of legal claims.\n(6) The mechanism for withdrawal of consent shall be as simple as the\nmechanism for granting consent and shall not impose an undue burden on\nthe individual.\nRight to data portability\n57. (1) A data subject shall , at a cost borne by the data subject, have the\nright to receive the personal data concerning him or her, which has been\nprovided to a data controller, in a structured, commonly used and machine -\nreadable format and have the right to transmit those data to another data\ncontroller without hindra nce from the data controller to which the personal\ndata have been provided.\n(2) In exercising the right to data porta bility, the data subject shall have\nthe right to have the personal data transmitted directly from one data\ncontroller to another, either manua lly or by electronic means .\n(3) Under subsection (2), the responsibility for ensuring the secure and\nsafe transfer of personal data rests with the data controller initiating the\ntransmission.", + "the right to have the personal data transmitted directly from one data\ncontroller to another, either manua lly or by electronic means .\n(3) Under subsection (2), the responsibility for ensuring the secure and\nsafe transfer of personal data rests with the data controller initiating the\ntransmission.\n(4) The right to data portability shall not apply in the following\ncircumstances:\n(a) when the processing of personal data is necessary for tasks\ncarried out in the public interest or under the authority of a\npublic institution.\nDATA PROTECTION BILL , 2025\n(b) where the exercise of data portability infringes upon the rights\nand freedoms of third parties.\n(c) if the direct transfer of personal data between data controllers\nis impractical or not technically viable.\nRight to comp lain\n58. (1) A data subject shall have the right to lodge a complaint with the data\ncontroller regarding any alleged violation of their rights under this Act.\n(2) The data controller shall provide an accessible mechanism for\nsubmitting complaints and shall respond within 72 hours of receiving the\ncomplaint .\n(3) Where a data subject is dissatisfied with the response from the data\ncontroller or does not receive a response within the prescribed period, the data\nsubject may lodge a complaint with the Authority .\n(4) The Authority shall investigat e complaints and impose penalties\nwhere necessary.\nRight to compensation\n59. (1) Where a data subject suffers damage or distress through the\ncontravention by a data controller of the requirements of this Act, that data\nsubject is entitled to compensation from the data controller for the damage or\ndistress.\n(2) In proceedings under this section, a data controller who provide s\ndocumentary evidence of efforts towards accountability, can use that as a", + "contravention by a data controller of the requirements of this Act, that data\nsubject is entitled to compensation from the data controller for the damage or\ndistress.\n(2) In proceedings under this section, a data controller who provide s\ndocumentary evidence of efforts towards accountability, can use that as a\ndefence to prove that the data controller took reasonable care in all the\ncircumstances to comply with the requirements of this Act.\nRight to object processing of personal data\n60. (1) A data subject shall at any time by notice in writing to a data controller\nrequire the data controller to cease or not begin processing for a specified\npurpose or in a specified manner.\n(2) A data controller shall within three working days after receipt of a\nnotice inform the individual in writing\n(a) that the data controller has complied, or\n(b) of the reasons for non -compliance.\nDATA PROTECTION BILL , 2025\n(3) (3) Where the Authority is satisfied that the complai nt is justified,\nthe Authority may order the data controller to comply.\nRight to erasure and the right to be forgotten\n61. (1) A data subject shall have the right to request from the data controller\nthe erasure of personal data concerning them without undue delay, and the\ndata controller shall be obliged to erase such personal data without undue\ndelay where one of the following grounds applies:\n(a) the personal data is no longer necessary in relation to the purposes\nfor which it was collected or otherwise processed;\n(b) the data subject withdraws consent on which the pr ocessing is based,\nand where there is no other legal ground for the processing;\n(c) the data subject objects to the processing and there are no overriding\nlegitimate grounds for the processing;", + "(b) the data subject withdraws consent on which the pr ocessing is based,\nand where there is no other legal ground for the processing;\n(c) the data subject objects to the processing and there are no overriding\nlegitimate grounds for the processing;\n(d) the personal data has been unlawfully processed;\n(e) the personal data must be erased for compliance with a legal\nobligation in applicable law.\n(2) A data subject shall have the right to request from the data controller\nto be forgotten concerning them without undue delay, and the data controller\nshall be obliged to forget such personal data without undue delay without\nproviding justification for requesting to be forgotten.\n(3) For the purposes of this Act, the right to be forgo tten means in\naddition to erasure of personal data kept by the data controller or data\nprocessor, the right to complete removal to the greatest extent possible, of\npersonal data available to the public through links, copies, websites,\nreplications of that personal data or other means, as a result of disclosures\nmade by the data controller.\n(4) For the purposes of this section, \u201cgreatest extent possible\u201d shall not\nbe construed in subsection (3) as an excuse for non -performance of the right to\nbe for gotten but shall be interpreted in light of technical limitations,\njurisdictional boundaries and conflicting public and private interest to mean ,\nsubject to subsection (7) :\n(a) all actions within the control of the data controller to forget all\npersonal data from all systems;\nDATA PROTECTION BILL , 2025\n(b) all actions in respect of notification of third parties who were given\naccess to the data or replicated the data to forget all personal data from all\nsystems;", + "(a) all actions within the control of the data controller to forget all\npersonal data from all systems;\nDATA PROTECTION BILL , 2025\n(b) all actions in respect of notification of third parties who were given\naccess to the data or replicated the data to forget all personal data from all\nsystems;\n(c) all actions in respect of request of removal of links to personal data\nfrom major search engines within the applicable jurisdictions;\n(d) all actions requiring the application of reasonable technical measures\nto forget personal data from all systems;\n(e) all actions to maintain records of efforts of forgetting personal data\nfrom all systems;\n(f) all actions to forget personal data from all systems without delay and\nwithin a 30 -day window of request by the data subject , unless complexity is\njustified to the Au thority.\n(5) A data controller who is obliged to act on the right to be forgotten is\nexpected to take all reasonable steps, including technical measures , taking into\naccount available technology and cost of implementation, to inform other data\ncontrollers and data processors who are processing personal data that the data\nsubject has requested the right to be forgotten.\n(6) Subject to subsection (7), where t he data controller is of the view\nthat cost of implementation of the right to be forgotten exceeds the capacity of\nthe data controller which could not have been reasonably predicted , the data\ncontroller shall request the Authority to make an assessment of the technology\nand cost of implementation of the right to be forgotten withou t delay and\nwithin a 30 -day window of request by the data subject.\n(7) The technology and cost of implementation of the right to be\nforgotten shall be borne by the data controller even if the cost exceeds the", + "and cost of implementation of the right to be forgotten withou t delay and\nwithin a 30 -day window of request by the data subject.\n(7) The technology and cost of implementation of the right to be\nforgotten shall be borne by the data controller even if the cost exceeds the\nexpected expenses, but where the technology and cost of implementation of\nthe right to be forgotten exceeds the capacity of the data controller which could\nnot have been reasonably predicted according to the Authority , the data\nsubject shall bear not less than 30% of the total expendi ture assessed by the\nAuthority.\n(8) The right of erasure and to be forgotten shall not apply where:\n(a) personal data must be retained in accordance with the laws of the\ncountry; or\nDATA PROTECTION BILL , 2025\n(c) after diligent efforts to inform or compel third -party data\ncontrollers to erase the personal data of the subject, it is\ntechnically proven difficult erase or forget the personal data.\n(9) Despite subsection (1) and (2) , the data subject shall bear the\nconsequences of a erasure or forgetting of personal data that is essential for a\nservice, purpose, or objective, or if it results in a breach of law, breach of legal\nobligations between parties, invalidation of service or application, ineligibility\nfor a service, denial of service, unreliability of record, incorrect and incomplete\noutcomes.\nRight to amend\n62. (1) A data subject shall have the right to request change of personal data or\nremoval of information held by the data controller .\n(2) Notwithstanding subsection (1), a data subject has the right to request\namendment of personal data held by the data controller.", + "Right to amend\n62. (1) A data subject shall have the right to request change of personal data or\nremoval of information held by the data controller .\n(2) Notwithstanding subsection (1), a data subject has the right to request\namendment of personal data held by the data controller.\n(3) The data controller shall rectify such data within three working days of\nreceiving a valid request.\n(4) Despite subsection (1), the data subject shall bear the consequences of\na deletion or destruction of personal data that is essential for a service ,\npurpose, or objective, or if it results in a breach of law, breach of legal\nobligations between parties, invalidation of service or application, ineligibility\nfor a service, denial of service, unreliability of record, incorrect and\nincomplete outcomes.\nRight to prevent processing of personal data for direct marketing\n63. (1) A data controller shall not provide, use, obtain, procure or provide\npersonal data related to a data subject for the purposes of direct marketing\nwithout the prior written , free , explicit and informed consent of the data\nsubject , and proof of consent shall be maintained for audit purposes.\n(2) Where prior written, free, explicit and informed consent of the data\nsubject , adata subject is entitled at any time by notice in writing to a data\ncontroller to require the data controller not to process personal data of that\ndata subject for the purposes of direct marketing.\nDATA PROTECTION BILL , 2025\n(3) Without prejudice to subsection (1) and (2), unidentifiable data or\ninformation of a person may be used direct marketing.\n(4) Where the Authority is satisfied on a complaint by a person who has", + "DATA PROTECTION BILL , 2025\n(3) Without prejudice to subsection (1) and (2), unidentifiable data or\ninformation of a person may be used direct marketing.\n(4) Where the Authority is satisfied on a complaint by a person who has\ngiven notice in subsection (1), that the data controller has failed to comply\nwith the notice, the Authority may order that data controller to comply with\nthe notice.\n(5) No data controller shall transmit marketing via telecommunication\nnetworks without the prior written, free, explicit and informed consent of the\ndata subject.\nRight to control processing of personal data for election campaign\n64. (1) A data controller shall provide an opportunity for a person to opt -\nout of processing of their personal data for purposes of election campaign in\nnational, district, organisational, institutional or student election , and p roof\nof opt-out shall be maintained for audit purposes.\n(2) A data subject is entitled at any time by notice in writing to a data\ncontroller to require the data controller not to process personal data the\npurposes of election campaigning.\n(3) Where the Authority is satisfied on a complaint by a person who\nhas giv en notice in subsection (1), that the data controller has failed to comply\nwith the notice, the Authority may order that data controller to comply with\nthe notice.\nRights in relation to automated decision -taking\n65. (1) An individual is entitled at any time by notice in writing to a data\ncontroller to require the data controller to ensure that any decision taken by or\non behalf of the data controller which significantly affects that individual is not\nbased solely on t he processing by automat ed means of personal data , in respect", + "controller to require the data controller to ensure that any decision taken by or\non behalf of the data controller which significantly affects that individual is not\nbased solely on t he processing by automat ed means of personal data , in respect\nof which that individual is the data subject.\n(2) Automated processing shall include auto -filling user data into forms;\nspam filtering in email systems; automatically generated invoice; auto -tagging\nof photos; emerging technology systems ; automated chatbots; facial and\nemotional recognition.\n(3) To give effect to subsection (1) a data subject has the right not to be\nsubject to a decision based solely on automated processing, including profiling,\nwhich affects the data subject.\n(4) Despite the absence of a notice, where a decision which\nDATA PROTECTION BILL , 2025\nsignifi cantly affects an individual is based solely on that processing\n(a) the data controller shall as soon as reasonably practicable\nnotify the individual that the decision was taken on that\nbasis, and\n(b) the individual is entitled, by notice in writing to require\nthe data controller to reconsider the decision within\ntwenty -one days after receipt of the notification from the\ndata controller.\n(4) The data controller shall within twenty -one days after receipt of\nthe notice, inform the individual in writing of the steps t hat the data\ncontroller intends to take to comply with the notice.\n(5) This section does not apply to a decision made\n(a) in the course of considering whether to enter into a\ncontract with the data subject,\n(b) with a view to entering into the contract,\n(c) in the course of the performance of the contract,", + "(5) This section does not apply to a decision made\n(a) in the course of considering whether to enter into a\ncontract with the data subject,\n(b) with a view to entering into the contract,\n(c) in the course of the performance of the contract,\n(d) for a purpose authorised or required by or under an\nenactment, or\n(e) in other circumstances prescribed by the Minister.\n(6) Where the Authority is satisfied on a complaint by a data subject\nthat a person taking a decision ha s failed to comply, the Authority may\norder the data controller to comply.\n(7) An order for compliance under subsection (5) shall not affect the\nrights of a person other than the data subject or the data controller.\nRights in relation to manual data\n66. (1) A data subject is entitled at any time by notice in writing to\nrequire a data controller\n(a) to rectify, block, erase or destroy manual data which is inaccurate\nor incomplete, or\n(b) to cease to hold manual data in a manner which is incompatible\nwith the legitimate purposes pursued by the data controller.\n(2) A notice under subsection (1) shall state the reasons for believing\nthat the data\n(a) is inaccurate or incomplete, or\n(b) is held in a way incompatible with the le gitimate purposes\npursued by that data controller.\nDATA PROTECTION BILL , 2025\n(3) Where the Authority is satisfied on a complaint by a person who\nhas given notice that the data controller has failed to comply with the notice,\nthe Authority shall give appropriate direction to the data co ntroller to comply\nwith the notice.\n(4) For the purposes of this section, personal data is incomplete if the", + "has given notice that the data controller has failed to comply with the notice,\nthe Authority shall give appropriate direction to the data co ntroller to comply\nwith the notice.\n(4) For the purposes of this section, personal data is incomplete if the\ndata is of the kind that its incomplete ness would constitute a contra vention\nof data protection principles provided in this Act .\nProcessing of Special Personal Data\nProcessing of special personal data prohibited\n67. (1) Unless otherwis e provided by this Act, a data controller shall not\nprocess personal data which relates to\n(a) a child in accordance with the Constitution , or\n(b) the religious or philosophical beliefs, ethnic origin, race, trade\nunion membership, political opinions, health, sexual life or\ncriminal behavior of an individual.\n(2) A data controller may process special personal data in accor dance\nwith this Act where\n(a) processing is necessary, or\n(b) the d ata subject explicitly consents to the processing.\n(3) The processing of special personal data is necessary\nwhere it is for the exercise or performance of a right or an obligation\nconferred or imposed by law on an employer.\n(4) Special personal data shall not be p rocessed unless\nthe processing is necessary for the protection of the vital interests of\nthe data subject where\n(a) it is impossible for consent to be given by or on behalf of the data\nsubject,\n(b) the data controller cannot reasonably be expected to obtain the\nconsent of the data subject\n(5) Special personal data shall not be processed unless the process ing\nis carried out for the protection of the legitimate activities of a\nbody or association which\n(a) is established for non -profit purposes,\n(b) exists for political, philosophical, religious or trade union", + "consent of the data subject\n(5) Special personal data shall not be processed unless the process ing\nis carried out for the protection of the legitimate activities of a\nbody or association which\n(a) is established for non -profit purposes,\n(b) exists for political, philosophical, religious or trade union\npurposes;\nDATA PROTECTION BILL , 2025\n(c) relates to individuals who are members of the body or\nassociation or have regular co ntact with the body or\nassocia tion in connection with its purposes, and\n(d) does not involve disclosure of the personal data to a third\nparty without the consent of the data subject.\n(6) The processing of special personal data shall be presumed to be\nnecessary where it is required\n(a) for the purpose of or in connection with a legal\nproceeding,\n(b) to obtain legal advic e,\n(c) for the establishment, exercise or defence of legal rights,\n(d) in the course of the administration of justice, or\n(e) for medical purposes and the processing is\n(i) undertaken by a health professional, and\n(ii) pursuant to a duty of confidentiality between patient\nand health professional .\n(7) In this section, \u201cmedical purposes\u201d includes the purposes of\npreventive medicine, medical diagnosis, medical research,\nprovision of care and treatment and the management of\nhealthcare services by a medical or dental practitioner or a l egally\nrecognised traditional healer.\n(8) A person shall not process special personal data in respect of race\nor ethnic origin unless the processing of the special personal data\nis\n(a) necessary for the identification and elimination of discriminatory\npractices, and\n(b) carried out with appropriate safeguards for the rights and\nfreedoms of the data subject.", + "or ethnic origin unless the processing of the special personal data\nis\n(a) necessary for the identification and elimination of discriminatory\npractices, and\n(b) carried out with appropriate safeguards for the rights and\nfreedoms of the data subject.\n(9) The collection of biometric data for subscriber registration shall\nrequire explicit consent and must be in accordance with the princi ples\noutlined in this Act.\n(10) The Minister may in consultation with the Authority by legislative\ninstrument prescribe further conditions which may be taken by a data\ncontroller for the maintenance of appropriate safeguards for the rights and\nfreedoms of a data subject related to processing of special personal data.\nDATA PROTECTION BILL , 2025\nConsent for the processing of personal data of a child\n68. (1) A data controller shall obtain the consent of a parent or legal guardian\nbefore processing the personal data of a child for any purpose, unless such\nprocessing is permitted or required by law.\n(2) The consent obtained shall be cl ear, explicit, specific, informed, and\nfreely given, and shall be obtained in a manner that is appropriate to the age\nand maturity of the child.\n(3) A data controller shall make reasonable efforts to verify that consent\nhas been given by a parent or legal guardian before processing personal data\nof a child, considering appropriate technology and best practices.\n(4) Parents or lega l guardians shall have the right to withdraw consent\nfor the processing of their child's personal data at any time.\n(5) A data controller shall provide parents or legal guardians with easy\nand accessible means to withdraw consent and shall immedia tely cease\nprocessing the child's data upon receipt of a withdrawal request.", + "for the processing of their child's personal data at any time.\n(5) A data controller shall provide parents or legal guardians with easy\nand accessible means to withdraw consent and shall immedia tely cease\nprocessing the child's data upon receipt of a withdrawal request.\n(6) Where a child provides personal data directly to a n application or\nplatform, the data controller shall implement age verification mechanisms to\ndetermine whether parenta l consent is necessary .\nDemand for medical information or health records\n69. (1) Except provided by law, a data controller is not required to disclose\nmedical data or health records to third parties.\n(2) A contract that demands the disclosure of medical data without free,\nexplicit and informed consent of the data subject shall be unenforceable.\n(3) Subject to subsection ( 4) and (5) , a data subject shall not be required\nto provide medical data or health records to any person which\n(a) consist of information related to the physical, mental health or\nmental condition of that data subject , or\n(b) has been made by or on behalf of a health professional in\nconnection with the care of that data subject .\n(4) In accordance with the Public Health Act, 2012 (Act 851), medical\ndata shall be processed without consent of the data subject if it necessary for\ncontact tracing and outbreak control.\nDATA PROTECTION BILL , 2025\n(5) A person other than healthcare provider s and medical administrators,\nshall not process information relating to medical data or health records unless\nit is reasonably necessary for the:\n(a) Certification as to medical fitness for work under law ;\n(b) Performance of an employer\u2019s r eporting obligations on persons\nwith disabilities under law ;", + "shall not process information relating to medical data or health records unless\nit is reasonably necessary for the:\n(a) Certification as to medical fitness for work under law ;\n(b) Performance of an employer\u2019s r eporting obligations on persons\nwith disabilities under law ;\n(c) Payment of compensation as required by law; and\n(d) Enforcement of a court order .\nExemption related to religious or philosophical beliefs of data subject\n70. (1) The prohibition on processing of personal data related to religious or\nphilosophical beliefs does not apply in specific circumstances where:\n(a) processing is carried out by a spiritual or religious organization or\nits branch concerning its members.\n(b) processing is carried out by an institution founded on religious or\nphilosophical principles, provided it aligns with the institution\u2019s\nobjectives and is necessary to achieve its aims.\n(2) These exem ptions are not to be misused to obstruct essential data\nprocessing.\nRectification, blocking, erasure and destruction of personal data\n71. (1) Where the Authority is satisfied on a complaint of a data subject that\npersonal data on that data subject is inaccurate, the Authority may order the\ndata controller to\n(a) rectify,\n(b) block,\n(c) erase, or\n(d) destroy the data.\n(2) Subsection (1) applies whether or not the data is an accurate\nrecord of information received or obtained by the data controller from the\ndata subject or a third party.\n(3) Where the data is an accurate record of the information, the\nAuthority may make an order requiring the data controller to supplement\nthe statement of the true facts which the Authority considers appropriate.\n(4) Where the data complained of has been rectified, blocked", + "data subject or a third party.\n(3) Where the data is an accurate record of the information, the\nAuthority may make an order requiring the data controller to supplement\nthe statement of the true facts which the Authority considers appropriate.\n(4) Where the data complained of has been rectified, blocked\nDATA PROTECTION BILL , 2025\nsupplemented, erased or destroyed, the data controller is req uired to notify\nthird parties to whom the data has been previously disclosed of the\nrectification, blocking, supplementation, erasure or destruction.\n(5) To determine whether it is reasonably practicable to require the\nnotification, the Authority shall have re gard to the number of persons to be\nnotified.\nData Protection Register\nEstablishment of Data Protection Register\n72. (1) There is established by this Act a register of data controllers to be\nknown as the Data Protection Register.\n(2) The Authority shall keep and maintain the Register.\n(3) A data controller shall register with the Authority .\nApplication for registration\n73. (1) An application for registration as a data controller shall be made to\nthe Authority and the applicant shall furnish the following particulars:\n(a) the business name and address of the applicant;\n(b) the name and address of the company\u2019s representative within\nGhana where the company is an external company;\n(c) a description of the personal data to be processed and the\ncategory of persons whose personal data are to be collected;\n(d) an indication as to whether the applicant holds or is likely to\nhold special personal data.\n(e) a description of the purpose for which the personal data is being\nor is to be proces sed;\n(f) a description of a recipient to whom the applicant intends to", + "(d) an indication as to whether the applicant holds or is likely to\nhold special personal data.\n(e) a description of the purpose for which the personal data is being\nor is to be proces sed;\n(f) a description of a recipient to whom the applicant intends to\ndisclose the personal data.\n(g) the name or description of the country to which the appli cant\nmay transfer the data;\n(h) the class of persons or where practicable the names of persons\nwhose persona l data is held by the applicant.\n(i) a general description of measures to be taken to secure the data;\nand\n(j) any other information that the Authority may require.\n(2) An applicant who knowingly supplies false information in support\nof an application for registration as a data controller and knowingly causes\nDATA PROTECTION BILL , 2025\nfraud in relation to the application commits an offence and is liable on\nsummary conviction to a fine of not more tha n five thousand penalty units\nor a term of imprisonment of not more than one year or to both.\n(3) A data controller\u2019s headquarters shal l be registered separately from\nits branches, each maintaining independent compliance with the provisions\nof this Act.\n(4) A parent company and its subsidiary c ompanies shall each regi ster as\nseparate data controllers, ensuring distinct legal and operational\nresponsibilities under this Act.\nRight to refuse registration\n74. (1) The Authority shall not grant an application for registration under this\nAct where\n(a) the particulars provided for inclusion in an entry in the\nRegister are insufficient.\n(b) the appropriate safeguards for the protection of the privacy of the\ndata subject have not been provided by the data controller; and", + "Act where\n(a) the particulars provided for inclusion in an entry in the\nRegister are insufficient.\n(b) the appropriate safeguards for the protection of the privacy of the\ndata subject have not been provided by the data controller; and\n(c) in the opinion of the Authority , the person making the application for\nregistration does not merit the grant of the registration.\n(2) Where the Authority refuses an application for registration as a\ndata controller, the Authority shall inform the applicant in writing within\ntwenty -one working days after submission of an application\n(a) of its decision and the reasons for the refusal, and\n(b) the applicant may apply for judicial review to the High Court\nagainst the refusal.\n(3) A refusal of an application for registration is not a bar to\nreapplication.\nGrant of certificate of registration\n75. (1) The Authority shall\n(a) register an applicant if the applicant has satisfied the conditions\nrequired for registration\n(b) provide the applicant with a certification of registration upon\napproval of the application.\nDATA PROTECTION BILL , 2025\n(2) The applicant shall pay a prescribed fee upon registration.\n(3) The Authority shall issue a registration certificate within a period no\nlonger than seven working days after approval of application .\n(4) Upon receipt of certificate, copies of the certificate shall be displayed at\nall outlets of the data controller.\n(5) A certificate of registration issued under this Act shall be valid for a\nperiod of tw elve months .\nRenewal of registration\n76. (1) Registration shall be renewed every twelve months .\n(2) A data controller whose registration certificate has expired shall cease\nprocessing of personal data until after renewal of registration certificate .", + "period of tw elve months .\nRenewal of registration\n76. (1) Registration shall be renewed every twelve months .\n(2) A data controller whose registration certificate has expired shall cease\nprocessing of personal data until after renewal of registration certificate .\n(3) A data controller in the process of renewing their registration shall\nhave to produce a compliance report .\n(4) A data controller who fails to renew their registration or delays the\nrenewal process for a period longer than three months shall be subject to an\nadministrati ve penalty of five thousand penalty units which will attract a five\npercent monthly interest .\nRemoval from register\n77. The Authority shall, at the request of the data controller to whom an entry\nin the Register relates and after submission of necessary documentation ,\nremove the data controller\u2019s name from the Register at any time.\nCancellation or suspension of registration\n78. (1) The Authority has the power to cancel a registration for good cause.\n(2) A registered data controller shall may have their registration cancelled\nor suspended under the following circumstances:\n(a) failure to adhere to prescribed standards for data processing and\nsecurity.\n(b) supplying inaccurate details during registration or renewal\nprocesses.\n(c) handling personal information without the necessary legal basis\nor consent.\nDATA PROTECTION BILL , 2025\n(d) inadequate safeguards leading to unauthorized access, loss, or\nexposure of personal data.\n(e) neglecting to update or maintain registration information within\nthe mandated period.\nProcessing of personal data without registration prohibited\n79. A data controller who has not been registered under this Act shall not\nprocess personal data.\nAccess by the public\n80. (1) The Authority shall provide facilities to make the information\ncontained in the Register available for inspection by members of the\npublic.", + "Processing of personal data without registration prohibited\n79. A data controller who has not been registered under this Act shall not\nprocess personal data.\nAccess by the public\n80. (1) The Authority shall provide facilities to make the information\ncontained in the Register available for inspection by members of the\npublic.\n(2) The Authority shall supply a member of the public with a copy of\nthe particulars contained in an entry made in the Register on payment of\nthe prescribed fee.\nDuty to notify changes\n81. (1) A data controller shall notify the Authority of changes in the registered\nparticulars within ten working days.\n(2) A data controller who contravenes subsection (1) shall be subject to an\nadministrative penalty of five thousand penalty units.\nFailure to register\n82. (1) A person who fails to register as a data controller but processes\npersonal data shall be subject to an administrative penalty of not less than\ntwo thousand penalty units and more than a hundred thousand penalty units .\n(2) A person who fails to register as a data controller within three months\nafter incorporation shall be subject to an administrative penalty of not l ess\nthan two thousand penalty units and not more than hundred thousand\npenalty units.\nAssessable processing\n83. (1) The Minister may by Executive Instrument specify actions which\nconstitute assessable processing if the Minister considers the assessable\nprocessing likely to\nDATA PROTECTION BILL , 2025\n(a) cause substantial damage or substantial distress to a data subject, or\n(b) otherwise significantly prejudice the privacy rights of a data subject;\n(2) On receipt of an application for registration, the Authority shall\nconsider\n(a) whether the processing to which the notification relates is\nassessable, or", + "(a) cause substantial damage or substantial distress to a data subject, or\n(b) otherwise significantly prejudice the privacy rights of a data subject;\n(2) On receipt of an application for registration, the Authority shall\nconsider\n(a) whether the processing to which the notification relates is\nassessable, or\n(b) if the assessable processing comp lies with the provisions of this\nAct.\n(3) The Authority shall within twenty -eight days from the day of\nreceipt of the application, inform the data controller whether the processing\nis likely to comply with the provisions of this Act.\n(4) The Authority may extend t he initial period by a further period\nwhich does not exceed fourteen days or other period that the Authority may\nspecify.\n(5) The assessable processing in respect of which a notification has\nbeen given to the Authority shall not be carried on unless\n(a) the period of twenty -eight days has elapsed, or\n(b) before the end of that period, the data controller receives a notice\nfrom the Authority under subsection (3).\n(6) A data controller who contravenes this section commits an of -\nfence and is liable on summary conviction to a fine of not more than one\nhundred and fifty thousand penalty units or to a term of imprisonment of not\nmore than five years or to both.\nAppointmen t of data protection officers\n84. (1) A data controller shall appoin t a certified and qualified person\nto serve as a data protection officer .\n(2) A person appointed as a data pro tection officer shall be\ntrained and certified by the Authority .\n(3) The data protection officer is responsible for\n(a) Monitoring the data controller\u2019s compliance with the provisions\nof this Act.", + "to serve as a data protection officer .\n(2) A person appointed as a data pro tection officer shall be\ntrained and certified by the Authority .\n(3) The data protection officer is responsible for\n(a) Monitoring the data controller\u2019s compliance with the provisions\nof this Act.\n(b) Updating the data controller or processor on regulatory changes\nand updates.\n(c) Advising the data controller or processor on their obligations\nunder the A ct.\nDATA PROTECTION BILL , 2025\n(d) Acting as the primary liaison between the data controller or\nprocessor and the Authority .\n(4) An authorisation under this section may\n(a) impose a duty on a data protection officer in relation to the\nAuthority , and\n(b) confer a function on the Authority in relation to a data protection\nofficer .\n(5) A data protection officer may be an employee of the data controller.\n(6) The Authority shall provide the needed guidelines for the\nqualification to be appointed as a data protection officer .\n(7) A person shall not be appointed as a data protection officer unless\nthe person satisfies the criteria set by the Authority .\n(8) A data controller who fails to appoint a data protection officer shall\nbe subject to an administrative penalty of not less than two thousand penalty\nunits and not more than fifty thousand penalty units.\nFees\n85. The Authority, in consultation with the Minister shall prescribe fee s for the\npurpose of its functions .\nAccreditation of data protection service providers\nAccreditation of data protection service providers\n86. (1) An individual or institution shall not provide a data protection service\nwithin the country unless that person obtains a licence issued by the Authority\nin accordance with this Act.", + "purpose of its functions .\nAccreditation of data protection service providers\nAccreditation of data protection service providers\n86. (1) An individual or institution shall not provide a data protection service\nwithin the country unless that person obtains a licence issued by the Authority\nin accordance with this Act.\n(2) A person who contravenes (1) by providing data prot ection services\nwithout a licenc e issued by the Authority shall be subject to an administrative\npenalty of not more than fifty thousand penalty units .\nApplication for accreditation\n87. (1) A person who seeks to provide a data protection service shall apply in\nwriting to the Authority .\n(2) The application shall be made in the prescribed form and accompanied\nby the:\n(a) supporting documentation, and\nDATA PROTECTION BILL , 2025\n(b) prescribed fee, that the Authority shall determine.\n(3) An individual seeking accreditation as a data protection service provider\nshall be required to undergo training and obtain certification from the\nAuthority as a certified data protection professional, or possess an equivalent\ncertification recogni sed by the Authority .\n(4) The Authority shall issue further guidelines in support of the application\nprocess.\nGrant of accreditation\n88. (1) Where the Authority is satisfied that\n(a) the applicant meets the requirements of the Authority for the grant\nof a licence,\nthe Authority may grant the licence to the applicant ,\n(2) Upon receiving an application for a licen ce, the Authority shall provide\nwritten notification of its decision to the applicant within thirty working days.\n(3) An accreditation granted by the Authority is subject to the terms and\nconditions specified by the Authority .\n(4)\n(5) An accredited institution who uses a licence for a purpose other than", + "written notification of its decision to the applicant within thirty working days.\n(3) An accreditation granted by the Authority is subject to the terms and\nconditions specified by the Authority .\n(4)\n(5) An accredited institution who uses a licence for a purpose other than\nthat for which the licence was granted shall have the licence revoked.\nNon transferability of accreditation\n89. (1) A person granted a n accreditation shall not transfer that licence to\nanother person.\n(2) A person who transfers a licence contrary to subsection (1) commits an\noffence and is liable on summary conviction to a fine of not less than five\nthousand penalty units and not more than ten thousand\npenalty units .\nValidity of accreditation\n90. (1) A licence granted under this Act is valid for tw elve months from the date\nthat the licence is granted.\n(2) An accredited institution who intends to continue operations as a data\nprotection service provider shall, not later than one month before the\nexpiration of the licence, apply to the Authority in writing for a renewal of the\nlicence.\nDATA PROTECTION BILL , 2025\n(3) A n accredited institution who intends to continue operations as a data\nprotection service provider and fails to begin the renewal process within the\ntimeline stipulated in (2) may be subject to an administrative penalty.\nSuspension of accreditation\n91. (1) The Authority may suspend a licence issued under this Act for a period\nof not more than six months where the accredited institution fails to comply\nwith a condition specified in the licence.\n(2) The Authority shall, before exercising the power of suspension under\nthis section,\n(a) give the accredited institution thirty days' notice in writing of the\nintention to do so, and", + "of not more than six months where the accredited institution fails to comply\nwith a condition specified in the licence.\n(2) The Authority shall, before exercising the power of suspension under\nthis section,\n(a) give the accredited institution thirty days' notice in writing of the\nintention to do so, and\n(b) specify in the notice the grounds on which the Authority intends to\nsuspend the licence.\n(3) The Authority shall, within twenty -eight days of the suspension of a\nlicence, notify the data protection service provider concerned of the\nsuspension.\nRevocation of accreditation\n92. (1) The Authority may revoke a licen ce issued under this Act if the\nAuthority considers that\n(a) the licence has been obtained by fraud or misrepresentation.\n(b) the licensee has ceased to carry on the business for which the licensee\nis licensed.\n(c) the licensee has been convicted of an offence under this Act or an\noffence involving fraud, dishonesty or moral turpitude.\n(d) a circumstance existed at the time the license was granted or renewed\nthat the Authority was unaware of, which would have prevented the Authority\nfrom granting or renewing the licence of the licensee if the Authority had been\naware of the circumstance at that time.\n(e) the licensee no longer meets the requirements for holding the licence;\nor\nDATA PROTECTION BILL , 2025\n(f) it is not in the public interest for the licensee to continue to carry on the\nbusiness of a licensee.\nDirect Sanctioning Powers of the Authority\nSanctions and penalties\n93. (1) Administrative penalties imposed under this section shall be paid within\ntwenty -one working days of issuance of the penalty notice.", + "business of a licensee.\nDirect Sanctioning Powers of the Authority\nSanctions and penalties\n93. (1) Administrative penalties imposed under this section shall be paid within\ntwenty -one working days of issuance of the penalty notice.\n(2) Any individual or entity subject to an administrative penalty under this\nsection may appeal against the decision to impose the penalty through the\nestablished review mechanism outlined in Section 89.\nGeneral penalty\n94. A person who contravenes a section of this Act for which a penalty is not\nprovided shall be subject to an administrative penalty of not less than fi fty\nthousand penalty units and not more than hundred thousand penalty units.\nReview mechanism\n95.(1) In the event that a data controller is dissatisfied with a determination\nmade by the Authority pursuant to this Act, the data controller shall have the\nright to request a review of the said determination.\n(2) The data controller shall submit a written request for review to the\nAuthority within seven working days from the date of receiving the\ndetermination.\n(3) The request for review shall clearly outline the grounds for the request\nand any supporting evidence.\n(4) Upon receipt of the request for review , the Authority shall promptly\nacknowledge the request and provide the data controller with information\nregarding the process.\n(5) The Authority shall review the determination and make a decision\nwithin thirty working days , which shall be communicated to the data\ncontroller.\n(6) If the data controller is dissatisfied with the decision on the review,\nthey may seek further redress on appeal through judicial review or other legal\nremedies available in the High Court .\nDATA PROTECTION BILL , 2025\nCross -Border Transfers of Personal Data\nBasis for cross border transfer of personal data\n96. (1) Notwithstanding the opportunity to under a cross -border transfer", + "they may seek further redress on appeal through judicial review or other legal\nremedies available in the High Court .\nDATA PROTECTION BILL , 2025\nCross -Border Transfers of Personal Data\nBasis for cross border transfer of personal data\n96. (1) Notwithstanding the opportunity to under a cross -border transfer\npersonal data under subsection (3), a data controller shall make reasonable\nefforts to localise data provided that data localisation does not impair its\nbusiness or operations.\n(2) There shall be no requirement for a data controller to localise personal\ndata unless:\n(a) the personal data is critical to national defence, security and\nintelligence of the country; or\n(b) the personal data concern national identity ID systems and civil\nregistration systems including voter databases\n(c) the personal data concerns children\u2019s data, biometric data, health\nrecords and genetic data .\n(3) Subject to subsection (2), the Authority may grant approval to a data\ncontroller for the cross -border transfer children\u2019s data, biometric data, health\nrecords and genetic data with the consent of the data subject or any other\nperson under an obligation in law to make decisions for the data subject for\nthe time -being.\n(4) A data controlle r shall transfer personal data outside Ghana only if the\nfollowing conditions are met:\n(a) the data subject has provided written, free, explicit and informed\nconsent to the proposed transfer after being informed of the possible risks\ninvolved ;and\n(b) (i) the transfer is necessary for the performance of a contract , for\nadministrative, educational, financial, medical or professional reasons,\nbetween the data subject and the data controller or for the implementation of\npre-contractual measures taken at the da ta subject's request ; or", + "involved ;and\n(b) (i) the transfer is necessary for the performance of a contract , for\nadministrative, educational, financial, medical or professional reasons,\nbetween the data subject and the data controller or for the implementation of\npre-contractual measures taken at the da ta subject's request ; or\n(ii) the transfer is necessary for the conclusion or performance of a\ncontract concluded , or for administrative, educational, financial, medical or\nDATA PROTECTION BILL , 2025\nprofessional reasons in the interest of the data subject between the dat a\ncontroller and a third party ; or\n(iii) or the transfer is necessary for the establishment, exercise, or defense\nof legal claims; or\n(iv) the transfer is necessary to protect s the vital interests of the data subject\nor other individuals where the data subject is physically or legally incapable of\ngiving consent ; and\n(c) the transfer is authorised by the Authority where it involves large -scale\ndata, and in all cases, following an assessment that adequate safeguards for the\nprotection of personal data are in place, including appropriate contractual\nclauses and binding corporate rules or other mechanisms approved by the\nAuthority.\n(3) In all cases, p ersonal data emanating from Ghana shall be processed in\naccordance with the provisions of this Act.\nSafeguards prior to transfer of personal data out of Ghana\n97. (1) A data controller shall process special personal data out of Ghana upon\nobtaining consent of all affected data subjects and upon obtaining approval\nfrom the Authority .\n(2) The Authority may request a person who transfers data to another country\nto demonstrate the effectiveness of security safeguards and the existenc e of\ncompelling legitimate interests.\n(3) The Authority may, in order to protect the rights and fundamental freedoms", + "from the Authority .\n(2) The Authority may request a person who transfers data to another country\nto demonstrate the effectiveness of security safeguards and the existenc e of\ncompelling legitimate interests.\n(3) The Authority may, in order to protect the rights and fundamental freedoms\nof data subjects, prohibit, suspend or subject the transfer to such\nconditions as may be determined by the Authority .\n(4) A data controller that processes large -scale data where a data processing\nactivity is likely to pose real risk to the rights and freedoms of a data subject,\nshall conduct a Transfer Impact Assessment on all data transfers in or outside\nthe jurisdiction subject to the approval of the Authority .\n(5) The Authority shall provide relevant guidelines in support of subsection\n(4).\nExemptions\nDATA PROTECTION BILL , 2025\nNational security\n98. (1) The processing of personal data is exempt from the provisions of this\nAct for the purposes of\n(a) public order,\n(b) public safety,\n(c) public morality,\n(d) national security, or\n(e) public interest.\n(2) Despite, subsection ( 1), nothing shall prevent a person from pursuing\nan action in court whether by injunction or otherwise that their rights have\nbeen unfairly prejudiced.\nCrime and taxation\n99. (1) The processing of personal data is exempt from the provisions of\nthis Act for the purposes of\n(a) the prevention or detection of crime,\n(b) the apprehension or prosecution of an offender, or\n(c) the assessment or collection of a tax or duty or of an imposition\nof a similar nature.\n(2) Personal data is exempt from the non -disclosure provisions in any\ncase in which", + "(b) the apprehension or prosecution of an offender, or\n(c) the assessment or collection of a tax or duty or of an imposition\nof a similar nature.\n(2) Personal data is exempt from the non -disclosure provisions in any\ncase in which\n(a) the disclosure is for a purpose mentioned in subsection (1), and\n(b) the application of those provisions in relation to the d isclo sure is\nlikely to prejudice any of the matters mentioned in that\nsubsection.\nHealth, education and social work\n100. Personal data on the following subjects shall not be disclosed except\nwhere the disclosure is required by law:\n(a) personal data which relates to the physical, mental health or\nmental condition of the data subject,\n(b) personal data in respect of which the data controller is an\neducational institution and which relates to a pupil at the\ninstitution, or\n(c) personal data of similar description.\nDATA PROTECTION BILL , 2025\nRegulatory activity\n101. (1) The provisions of this Act do not apply to the processing of personal\ndata for protection of members of the public\n(a) against loss or malpractice in the provision of\n(i) banking,\n(ii) insurance,\n(iii) investment,\n(iv) other financial services, or\n(v) digital s ervices\n(vi) management of a body corporate;\n(b) against dishonesty or malpractice in the provision of professional\nservices;\n(c) against the misconduct or mismanagement in the administration\nof a non -profit making entity;\n(d) to secure the health, safety and welfare of pe rsons at work; or\n(e) to protect non -working persons against the risk to health or safety", + "services;\n(c) against the misconduct or mismanagement in the administration\nof a non -profit making entity;\n(d) to secure the health, safety and welfare of pe rsons at work; or\n(e) to protect non -working persons against the risk to health or safety\narising out of or in connection with the action of persons at work.\n(2) The processing of personal data is exempt from the subject\ninformation provisions of this Act if it is for the discharge of a function\nconferred by or under an enactment on\n(a) Parliament,\n(b) a local government authority,\n(c) the administration of public health or public financing of health\ncare, prevention, control of disease and the monitoring and\neradication of disease.\nJournalism, literature and art\n102. (1) A person shall not process personal data unless\n(a) the processing is undertaken by a person for the publication of\na literary or artistic material;\n(b) the data controller reasonably believes that publication would\nbe in the public interest; and\n(c) the data controller reasonably believes that, in all the\ncircumstances, compliance with the provision is incompatible\nwith the special purposes.\n(2) Subsection (1) does not exempt a data controller from\ncompliance wit h the data principles related to\nDATA PROTECTION BILL , 2025\n(a) lawful processing,\n(b) minimality,\n(c) further processing,\n(d) data subject participation\n(e) information quality, and\n(f) security safeguards.\n(3) For the purposes of subsection (1) (b), in considering whether\nthe data controller believes that the publication would be in the public\ninterest or is reasonable, regard may be had to the compliance by the data", + "(e) information quality, and\n(f) security safeguards.\n(3) For the purposes of subsection (1) (b), in considering whether\nthe data controller believes that the publication would be in the public\ninterest or is reasonable, regard may be had to the compliance by the data\ncontroller with any code of practice which is\n(a) relevant to the publication in question, and\n(b) designated by the Minister for purposes of this sub section.\nResearch, history and statistics\n103. (1) The further processing of personal data for research purposes in\ncompliance with the relevant conditions is not to be regarded as incompatible\nwith the purposes for which the data was obtained.\n(2) Personal data processed for research purposes in compliance with\nthe relevant conditions may be kept indefinitely.\n(3) Personal data which is processed only for research purposes is\nexempt from the provisions of this Act if\n(a) the data is processed in comp liance with the relevant condi tions,\nand\n(b) the results of the research or resulting statistics are not made\navailable in a form which identifies the data subject or any of\nthem.\n(4) Personal data is not to be treated as processed otherwise than for\nresearch purposes merely beca use the data is disclosed\n(a) to any person for research purposes only,\n(b) to the data subject or a person acting on behalf of the data subject,\n(c) at the request or with the consent of the data subject or a person\nacting on behalf of the data subject, or\n(d) in circumstances in which the person making the disclosure has\nreasonable grounds to believe that the disclosure falls within this\nsection.\nDATA PROTECTION BILL , 2025\nDisclosure required by law or made in connection with a legal proceeding", + "acting on behalf of the data subject, or\n(d) in circumstances in which the person making the disclosure has\nreasonable grounds to believe that the disclosure falls within this\nsection.\nDATA PROTECTION BILL , 2025\nDisclosure required by law or made in connection with a legal proceeding\n104. Personal data is exempt from the provisions on non-disclosure where the\ndisclosure is required by or under an enactment, any rule of law or by the\norder of a court.\nDomestic purposes\n105. Personal data which is processed by an individual only for the purpose of\nthat individual\u2019s personal , family or household affairs is exempt from the data\nprotection principles.\nConfidential references given by data controller\n106. Personal data is exempt from the data protection principles if it consists\nof a reference given in confidence by the data controller for the purposes of\n(a) education, training or employment of the data\nsubject,\n(b) the appointment to an office of the data subject, or\n(c) the provision of any service by the data subject.\nArmed Forces\n107. Personal data is exempt from the subject information provisions where\nthe application of the provisions is likely to prejudice the combat effectiveness\nof the Armed Forces of the Republic.\nJudicial appointments and honours\n108. Personal data processed t o:\n(a) assess a person\u2019s suitability for judicial office, or\n(b) confer a national honour ,exempt from the subject\ninformation provisions of this Act.\nDATA PROTECTION BILL , 2025\nPublic service or ministerial appointment\n109. The Minister may by legislative instrument make Regulations to\nprescribe exemptions from the subject information provisions of personal\ndata processed to assess a person\u2019s suitability for\n(a) employment by the government, or\n(b) any office to which appointments are made by the President.\nExamination marks", + "109. The Minister may by legislative instrument make Regulations to\nprescribe exemptions from the subject information provisions of personal\ndata processed to assess a person\u2019s suitability for\n(a) employment by the government, or\n(b) any office to which appointments are made by the President.\nExamination marks\n110. Personal data is exempt from the provisions of this Act if it relates to\nexamination marks processed by a data controller\n(a) to determine the results of an academic, professional or other\nexamination or to enable the results of the examination to be\ndetermined, or\n(b) in cons equence of the determination of the results.\nExamination scripts\n111. Personal data which consists of information recorded by candidates\nduring an academic, professional or other examination is exempt from the\nprovisions of this Act.\nProfessional privilege\n112. Personal data is exempt from the subject information provisions if it\nconsists of information in respect of which a claim to professional privilege\nor confidentiality between client and a professional adviser could be\nmaintained in legal proceedings.\nMiscellaneous and general provisions\nGeneral duties of the Authority\n113. (1) The Authority shall provide g uidelines and promote the obser vance\nof good practice to ensure compliance with this Act.\n(2) The Authority may charge the fees that the Authority in\nconsultation with the Minister determines for the provision of services by the\nAuthority .\nDATA PROTECTION BILL , 2025\n(3) The Authority is responsible for conducting public education and\nawareness campaigns to the public on data subject rights and dat a controllers'\nobligations under this Act.\nCode s, guidelines and certification\n114. (1) The Director -General may , for the purpose of this Act \u2014\n(a) issue guidelines or codes of practice for the data controllers, data\nprocessors and data protection officers;", + "obligations under this Act.\nCode s, guidelines and certification\n114. (1) The Director -General may , for the purpose of this Act \u2014\n(a) issue guidelines or codes of practice for the data controllers, data\nprocessors and data protection officers;\n(b) offer data protection certification standards and data protection\nseals and marks in order to encourage compliance of processing\noperations with this Act;\n(c) require certification or adherence to code of practice by a third\nparty;\n(d) develop sector specific guidelines in c onsultation with relevant\nstakeholders in areas such as health, financial services,\neducation, social protection and any other area the Director\nGeneral may determine.\nInternational co -operation\n115. In relation to internationa l organizations , the Authority shall take\nappropriate steps to:\n(a) develop international cooperation mechanisms to facilitate the\neffective enforcement of legislation for the protection of personal\ndata;\n(b) provide international mutual assistance in the enforcement of\nlegislation for the protection of personal data, including through\nnotification, complaint referral, investigative assistance and\ninformation exchange, subject to appropriate safeguards for the\nprotection of personal data and other fundamental rights and\nfreedoms;\n(c) engage relevant stakeholders in discussion and activities aimed at\nfurthering international cooperation in the enforcement of\nlegislation for the protection of personal data;\n(d) promote the exchange and documentation of personal data\nDATA PROTECTION BILL , 2025\nprotection legislation and p ractice, including jurisdictional\nconflicts with third countries.\nProhibition to purchase, obtain or disclose personal data\n116. (1) A person shall not\n(a) purchase the personal data or the information contained in the\npersonal data of another person;\n(b) knowingly obtain or knowingly or recklessly disclose the\npersonal data or the information contained in the personal data", + "116. (1) A person shall not\n(a) purchase the personal data or the information contained in the\npersonal data of another person;\n(b) knowingly obtain or knowingly or recklessly disclose the\npersonal data or the information contained in the personal data\nof another person; or\n(c) disclose or cause to be disclosed to another person the\ninformation contained in personal data.\n(2) A person who contravenes subsection (1) commits an offence and\nis liable on summary conviction to a fine of not more than twenty thousand\npenalty units or to a term of imprisonment of not more than two years or to\nboth.\nProhibition of sale of personal data\n117. (1) A person who sells or offers to sell personal data of another person\ncommits an offence and is liable on summary conviction to a fine of not more\nthan fifty thousand penalty units .\n(2) For this section's purposes, an advertisement indicating that\npersonal data is or may be for sale is an offer to sell the data.\nConditional request for personal data prohibited\n118. (1) A person who provides goods, facilities or services to the public\nshall not require a person to supply or produce a particular record as a\ncondition for the provision of the goods, facilities or services to that person.\n(2) Subsection (1) does not apply where the imposition of the\nrequirement is required or authorised under an enactment, rule of law or in\nthe public interest.\n(3) A person who co ntravenes subsection (1) commits\nan offence and is liable on summary conviction to a fine of not more\nthan fifty thousand penalty units .\nDATA PROTECTION BILL , 2025\nTransmission of notices by electronic or other means", + "the public interest.\n(3) A person who co ntravenes subsection (1) commits\nan offence and is liable on summary conviction to a fine of not more\nthan fifty thousand penalty units .\nDATA PROTECTION BILL , 2025\nTransmission of notices by electronic or other means\n119. (1) A requirement that a notice, request, particulars or application\nto which this Act applies shall be in writing is satisfied where the text of\nthe notice, request, particulars or application\n(a) is transmitted by electronic means in a manner specified by the\nAuthority ,\n(b) is received in legible form, and\n(c) is capable of being used for subsequent reference.\n(2) The Minister may by Regulations exempt a notice, request,\nparticulars or application from these requirements.\nService of notices by the Authority\n120. (1) A notice authorised or required by this Act to be served on or\ngiven to a person by the Authority may\n(a) if that person is an individual, be served on that individual by\ndelivery to that individual,\n(i) by post addressed to that individual at that\nIndividual\u2019s usual or last known place of residence or\nbusiness,\n(ii) by leaving the notice at that individual\u2019s usual or last\nknown place of residence or business, or\n(iii) by sending it to an electronic mail address specified by\nthe individual for service of notices;\n(b) if that person is a body corporate or unincorporated, be served on\nthat body\n(i) by post to the principal officer of the body at its principal\noffice,\n(ii) by addressing it to the principal officer of the body and\nleaving it at that office, or\n(iii) by sending it to an electronic mail address specified by", + "that body\n(i) by post to the principal officer of the body at its principal\noffice,\n(ii) by addressing it to the principal officer of the body and\nleaving it at that office, or\n(iii) by sending it to an electronic mail address specified by\nthe body for service of notices under this Act; and\n(c) if that person is a partnership, be served on that partnership\n(i) by post to the principal office of the partnership,\n(ii) by addressing it to that partnership and leaving it at\nthat office, or\nDATA PROTECTION BILL , 2025\n(iii) by sending it to an electronic mail addres s specified by\nthat partnership for service of notices under this Act.\n(2) This section does not limit any other lawful method of serving or\ngiving a notice.\nRegulations\n121. (1) The Minister may in consultation with the Authority by\nlegislative instrument make Regulations to\n(a) extend the transitional period for a data controller in existence\nat the commencement of this Act,\n(b) specify the conditions that are to be satisfied for consent to be\ngiven,\n(c) prescribe further conditions which may be taken by a data\ncontroller for the maintenance of appropriate safeguards, for the\nrights and freedoms of a data subject related to the processing of\nspecial personal data,\n(d) make different provisions for different situations,\n(e) exempt notices, requests, particulars or ap plications from the\nrequirements under the Act, and\n(f) provide generally for any other matter necessary for the effective\nimplementation of the provisions of this Act.\n(2) A person who commits an offence under the Regulations is liable on\nsummary conviction t o a fine of not more than five thousand penalty units.\nInterpretation", + "requirements under the Act, and\n(f) provide generally for any other matter necessary for the effective\nimplementation of the provisions of this Act.\n(2) A person who commits an offence under the Regulations is liable on\nsummary conviction t o a fine of not more than five thousand penalty units.\nInterpretation\n122. In this Act unless the context otherwise requires\n\u201cassessable processing\u201d means processing of a description specified in an\nExecutive Instrument made by the Minister under section 83(1);\n\u201cbias\u201d means a distorted inclination or prejudice in support or against a thing,\nperspective, idea, person or a group in an unfair way;\n\u201cbiometric data\u201d means personal data resulting from specific technical\nprocessing relating to the physical, physiological or behavioral characteristics\nof a person, which allows or confirms the unique identification of that person\nand includes but not limited to; physical traits, fingerprints, facial images, iris\nDATA PROTECTION BILL , 2025\nor retina scans, palm or hand geometry, and behavioral traits like voice\npatterns ;\n\u201cbinding corporate rules\u201d means personal data protection laws, rules,\nadministrative decisions or judicial order or judgments, guid elines, regulations,\ndirectives or policies which are adhered to by a data controller or data processor\nestablished in another country for cross -border transfers of personal data ;\n\u201cbusiness\u201d includes trade , vocation, enterprise or profession;\n\"child\" refers to an individual under the age of eighteen as defined by the\nConstitution ;\n\u201cconsent\u201d means voluntary agreement given by individuals either in writing or\nelectronically, for the processing of their personal data, based on clear and\ninformed understa nding of the purposes and consequences;\n\u201ccorporate finance service\u201d means a service which consists of\n(a) underwriting in respect of the issue or the placing of issues", + "electronically, for the processing of their personal data, based on clear and\ninformed understa nding of the purposes and consequences;\n\u201ccorporate finance service\u201d means a service which consists of\n(a) underwriting in respect of the issue or the placing of issues\nof any instrument;\n(b) advice to undertakings on capital structure, industrial\nstrategy and related matters and advice and service related\nto mergers and the purchase of an undertaking, or\n(c) services related to the underwriting referred to in paragraphs\n(a) and (b);\n\"cross -border\" refers to the transfer, processing, or sharing of personal data\nbeyond the jurisdiction in which it was originally collected ;\n\u201cdata\u201d means information which\n(a) is processed by means of equipment operating automatically\nin response to instructions given for that\npurpose,\n(b) is recorded with the intention that it should be processed by\nmeans of such equipment,\n(c) is recorded as part of a relevant filing system or with the\nintention that it should form part of a relevant filing system,\nor\nDATA PROTECTION BILL , 2025\n(d) does not fall within paragraph (a),(b) or (c) but forms part of\nan accessible record;\n\u201cdata controller\u201d means a person who either alone, jointly with other persons\ndetermines the purposes for and the manner in which personal data is\nprocessed or is to be processed;\n\"data protection impact assessment\"\nmeans an assessment of the impact of the envisaged processing operations on\nthe protection of personal data;\n\u201cdata protection principles\u201d means the principles set out in sections 37 to 44\nof this Act;\n\u201cdata processor\u201d means any person other than an employee of the data\ncontroller who processes the data on behalf of the data controller;", + "the protection of personal data;\n\u201cdata protection principles\u201d means the principles set out in sections 37 to 44\nof this Act;\n\u201cdata processor\u201d means any person other than an employee of the data\ncontroller who processes the data on behalf of the data controller;\n\u201cdata protection functions\u201d means functions that relate to the protection of\npersonal data in the course of data processing;\n\u201cdata protection officer\u201d means a professional appointed by a data controller\nin acco rdance with section 84 to monitor the compliance by the data\ncontroller in accordance with the provisions of the Act;\n\u201cdata protection service provider\u201d means an individual or an institution\naccredited by the Authority to offer data protection services;\n\u201cdata protection services \u201d mean s except for legal, compliance and policy\nconsultancy advice, a range of activities and solutions designed to provide\ntechnical tools for personal data management .\n\u201cdata protection system\u201d means a multifaceted system of str ategies, policies,\nlaws, processes and technologies designed to protect and manage personal\ndata and to meet compliance requirements under the Act;\n\u201cdata subject\u201d means an individual who is the subject of personal data;\nDATA PROTECTION BILL , 2025\n\u201cdirect marketing\u201d includes the communication by whatever means of any\nadvertising or marketing material which is directed to particular\nindividuals;\n\u201cdigital service\u201d means services delivered electronically whether traditionally\nor by internet with minimal phys ical interaction , and includes\n(a) social media platforms;\n(b) e-commerce platforms;\n(c) video -on-demand or streaming platforms;\n(d) messaging applications,\n(e) fintech software platforms;\n(f) online banking platforms;\n\u201cemerging technologies \u201d means new and evolving technological innovations,\nincluding but not limited to artificial intelligence, blockchain, the Internet", + "(c) video -on-demand or streaming platforms;\n(d) messaging applications,\n(e) fintech software platforms;\n(f) online banking platforms;\n\u201cemerging technologies \u201d means new and evolving technological innovations,\nincluding but not limited to artificial intelligence, blockchain, the Internet\nof Things, and other cutting -edge digital technologies that may impact\ndata processing, protection, and securit y;\n\u201cemotional recognition\u201d means a form of data processing detects the emotional\nstate of a data subject using common sources such as facial expressions,\nvoice patterns, text, psychological signals, body language or other\nbehavioural indicators;\n\u201cenactment\u201d includes an enactment passed after the commencement of this\nAct;\n\u201centity\u201d refers to an organi sation, company, or individual that is involved in\nprocessing personal data. This includes data controllers and data\nprocessors.\n\u201cexamination\u201d includes any process for dete rmining the knowledge,\nintelligence, skill or ability of a candidate by reference to the candidate\u2019s\nperformance in a test, work or other activity;\n\u201cexempt manual data\u201d means information in respect of which a controller is\nnot required to register before manual processing or use;\nDATA PROTECTION BILL , 2025\n\u201cforeign data subject\u201d means data subject information regulated by laws of a\nforeign jurisdiction sent into Ghana from a foreign jurisdiction wholly for\nprocessing purposes;\n\u201cgood cause\u201d means any failure to comply with or a vio lation of any of the\ndata protection principles, enforcement or other notices issued by the\nAuthority ;\n\u201cgood practice\u201d means the practice in the processing of personal data in a way\nthat the likelihood of causing substantial damage or distress is reduced;\n\u201cgovernment department \u201d includes a Ministry, Department or Agency and a", + "data protection principles, enforcement or other notices issued by the\nAuthority ;\n\u201cgood practice\u201d means the practice in the processing of personal data in a way\nthat the likelihood of causing substantial damage or distress is reduced;\n\u201cgovernment department \u201d includes a Ministry, Department or Agency and a\nbody or authority exercising statutory functions on behalf of the State;\n\u201charm\u201d means injury whether physical, psychological or reputational,\nfinancial or social which causes loss or suffering;\n\u201chealth professional \u201c means a registered medical practitioner or a recognised\ntraditional healer or any person who is registered to provide health\nservices under any law for the time being in force;\n\u201cinformation notice\u201d means notice given by the Authority pursuant to a\ndetermination under section 28;\n\u201cinstrument\u201d means any instrument related to a publicly traded security;\n\u201cintelligence\u201d or \u201ccounterintelligence\u201d means processing of personal data for\npurposes related to national security, defense, public safety, or the prevention,\ndetection, investigation, or prosecution of criminal offenses authorised by the\nRepublic\u2019s security and intelligence agencies ;\n\u201cinternational business or economic transaction means any business where\nthe subject matter of the transaction is international or either of the\nparties to the transaction have a foreign nationality or reside in different\ncountries or, in the case of companies, the place of their central\nmanagement and control is outside the co untry ;\nDATA PROTECTION BILL , 2025\n\u201clegitimate interest\u201d mean s a genuine, necessary and justifiable reason for a\ndata controller to process personal data, not limited to commercial,\nmarketing or security or administrative purposes, that does not override\nthe data subject\u2019s rights and freedoms or harm the data subject ;\n\u201clarge -scale data\u201d means vast amounts of personal data whether or not\nretrieved from different geographical areas that require complex", + "marketing or security or administrative purposes, that does not override\nthe data subject\u2019s rights and freedoms or harm the data subject ;\n\u201clarge -scale data\u201d means vast amounts of personal data whether or not\nretrieved from different geographical areas that require complex\nprocessing, and includes personal data processed by video -on-demand\nplatforms or streaming services , messaging applications, social media\nplatforms and financial systems ;\n\u201cmedical data \u201d means special personal data that identifies a natural person\nand indicates either a diagnosis, test results, symptoms and complaints,\nprescriptions, progress report, medical history, family medical history,\nbehavourial lifestyle, biometric data, medical i nformation related to\ninsurance claims, information relating to health care services or\ninformation relating to overall physical, mental and emotional well -\nbeing, including anatomical and physiological information.\n\u201cMinister\u201d means the Minister responsib le for Communications;\n\u201cmonitoring\u201d means, the tracking of an individual or observation with data\nprocessing techniques, whether or not to make decisions concerning him or\nher;\n\"person \" means any natural or legal person, including individuals,\ncorporations, and other entities recogni sed by law ;\n\u201cpersonal data\u201d means any information relating to an identified or identifiable\nnatural person , and includes one o r combination of the following , whether\nidentified by manual or automated processing :\n(a) direct identifiers including name ; email address ; phone number ,\nidentification number ; registration number ; bank account ; bank or\nsmart card number ; photographic or video image of face ;\n(b) indirect identifiers including location data ; age or age -range ,\noccupation ; job; profession; vocation; business; workplace; title;\nDATA PROTECTION BILL , 2025", + "identification number ; registration number ; bank account ; bank or\nsmart card number ; photographic or video image of face ;\n(b) indirect identifiers including location data ; age or age -range ,\noccupation ; job; profession; vocation; business; workplace; title;\nDATA PROTECTION BILL , 2025\neducation ; voice -recordings, postal code ; place of birth ; date of birth ;\nmarital status ; photographs or videos without facial detail but\nidentifications such as side views, clothing, marks and mannerism;\nlanguage preference ; profiles without facial detail but which could be\nattributed to a natural person by the use of additional information;\n(c) online identifiers including IP address ; cookies ; device ID ; login\ncredentials; user IDs; push notification tokens, browser history or\nfingerprints;\n(d) data which have undergone pseudonymisation, but which could be\nattributed to a natural person by the use of additional information\nconsidered to be information on an identifiable natural person ; and\n(e) one or more factors specific to the physical, physiological, mental,\neconomic, cultural or social identity of that natural person .\n\u201cpersonal data management\u201d means the practices and systems individuals use\nto control their personal data, including how the data is processed i.e.,\ncollected, stored, accessed, and shared .\n\u201cprescribed fee\u201d means a fee set out in relation to any Regulations on fees made\npursuant to this Act;\n\u201cprincipal office\u201d in relation to a registered company, means the registered\noffice or other address that the company may specify for the delivery of\ncorrespondence;\n\u201cprincipal officer\u201d in relation to a body , means the secretary or other executive\nofficer charged with the conduct of the general affairs of the body;", + "\u201cprincipal office\u201d in relation to a registered company, means the registered\noffice or other address that the company may specify for the delivery of\ncorrespondence;\n\u201cprincipal officer\u201d in relation to a body , means the secretary or other executive\nofficer charged with the conduct of the general affairs of the body;\n\u201cprivacy\u201d means the right of individuals to control the access and use of their\npersonal information, ensuring confidentiality and security;\n\u201cprocessing\u201d means an operation or activity or set of operations by electronic\nor other means that concerns data or personal data and the\n(a) collection, organi sation , adaptation or alteration of the\ninformation or data,\n(b) retrieval, consultation or use of the i nformation or data,\n(c) disclosure of the information or data by transmission,\ndissemination or other means available, or\n(d) alignment, combination, blocking, erasure or destruction of\nDATA PROTECTION BILL , 2025\nthe information or data;\n\"profiling\" means any form of automated processing of personal data\nconsisting of the use of personal data to evaluate certain personal aspects\nrelating to a natural person, in particular to analyse or predict aspects\nconcerning that natural person's race, sex, pregnancy, marital status, health\nstatus, ethnic social origin, colour, age, disability, religion, conscience, belief,\nlanguage or birth; personal preferences, interests, behaviour, location or\nmovements;\n\u201cpublic funds\u201d has the same meaning assigned to it in Article 175 of the 1992\nConsti tution;\n\"public interest\" means any lawful and necessary data processing activity\nthat supports the collective good of society such as protecting national\nsecurity, promoting public health, or ensuring justice \u2014while still\nrespecting the f undamental rights of data subjects;", + "Consti tution;\n\"public interest\" means any lawful and necessary data processing activity\nthat supports the collective good of society such as protecting national\nsecurity, promoting public health, or ensuring justice \u2014while still\nrespecting the f undamental rights of data subjects;\n\u201cpublic register\u201d means a register which pursuant to a requirement imposed\n(a) by or under an enactment, or\n(b) in pursuance of any international agreement is open to\n(i) inspection by the public, or\n(ii) inspection by a person who has a legitimate interest;\n\u201cpublish\u201d in relation to journalistic, literary or artistic material means to\nmake available to the public or any class of the public, journalistic, literary or\nartistic material;\n\u201cpupil\u201d in relation to a school in this country means a registered person within\nthe meaning of the Pre-Tertiary Education Act, 2020 (Act 1049) of any\nregistered school;\n\u201crecipient\u201d means a person to whom data is disclosed including an employee\nor agent o f the data controller or the data processor to whom data is disclosed\nin the course of processing the data for the data controller, but does not include\na person to whom disclosure is made with respect to a particular inquiry\npursuant to an enactment;\nDATA PROTECTION BILL , 2025\n\u201cregistered company\u201d means a company registered under any enactment\nrelated to an incorporated or unincorporated entity for the time being in force\nin the country;\n\u201cRegulations\u201d means Regulations made under this Act; \u201crelevant authority\u201d\nmeans\n(a) a government department,\n(b) local authority, or\n(c) any other statutory authority;\n\u201crelevant filing system\u201d means any set of data that relates to an individual\nwhich although not processed by means of equipment operating automatically", + "means\n(a) a government department,\n(b) local authority, or\n(c) any other statutory authority;\n\u201crelevant filing system\u201d means any set of data that relates to an individual\nwhich although not processed by means of equipment operating automatically\nin response to instructions given for pr ocessing that data, the set is structured,\neither by reference to an individual or by reference to a criteria that relates to\nthe individual in a manner that specific information which relates to a\nparticular individual is readily accessible;\n\u201crelevant fu nction\u201d means\n(a) a function conferred on a person by or under an enactment,\n(b) a function of the government, a Minister of State or a government\ndepartment, or\n(c) any other function which is of a public nature and is exercised in the\npublic interest;\n\u201crelevant record\u201d means any record that relates to a conviction or caution held\nby a law enforcement agency or security agency;\n\u201cresearch purposes\u201d includes statistical or historical purposes;\n\u201csecurity agency\u201d means an agency connected with national\nsecurity as determined by the National Security Council;\n\u201cspecial personal data\u201d means personal data which consists of information that\nrelates to\n(a) the race, colour, ethnic or tribal origin of the data subject;\n(b) the political opinion of the data subject;\nDATA PROTECTION BILL , 2025\n(c) the biometric data of the data subject;\n(d) the religious beliefs or other beliefs of a similar nature, of the data\nsubject;\n(e) the physical, medical, mental health or mental condition or DNA\nof the data subject;\n(f) the sexual orientation of the data subject;\n(g) the Authority or alleged Authority of an offence by the individual;\nor", + "subject;\n(e) the physical, medical, mental health or mental condition or DNA\nof the data subject;\n(f) the sexual orientation of the data subject;\n(g) the Authority or alleged Authority of an offence by the individual;\nor\n(h) proceedings for an offence committed or alleged to have been\ncommitted by the individual, the disposal\nof such proceedings or the sentence of any court in the proceedings;\n\u201cspecial purposes\u201d means any one or more of the following:\n(a) the purpose of journalism,\n(b) where the purpose is in the public interest,\n(c) artistic purposes, and\n(d) literary purposes;\n\u201csubject information provisions\u201d means the provisions under this Act which\ndeal with the right of a data subject to access information from a data\ncontroller;\n\u201csubsequent processing\u201d means after the data has arrived in or passed through\nthe country, it is subjected to any operation or set of operations within the\ncountry in a way that is described as \u201cproces sing\u201d under this Act;\n\u201cteacher\u201d includes a head teacher and the principal of a school to whom\ndisclosure is or may be made as a result of, or with a view to, an inquiry by\nor on behalf of that person made in the exercise of a power conferred by\nlaw;\n\u201cthe Act\u201d refers to the Data Protection Act, 2012 (Act 843);\n\u201cthe Authority \u201d refers to the Data Protection Authority of Ghana established\nunder section 3 of this Act ;\n\u201cthe Constitution\u201d refers to the 1992 Constitution of Ghana;\nDATA PROTECTION BILL , 2025\n\u201cthe relevant conditions\u201d in relation to the processing of personal data, means\nthe conditions\n(a) that the data is not processed to support measures or\ndecisions with respect to particular individuals, and", + "\u201cthe Constitution\u201d refers to the 1992 Constitution of Ghana;\nDATA PROTECTION BILL , 2025\n\u201cthe relevant conditions\u201d in relation to the processing of personal data, means\nthe conditions\n(a) that the data is not processed to support measures or\ndecisions with respect to particular individuals, and\n(b) that the data is not processed in the way that substantial\ndamage or distress is c aused or is likely to be caused to the\ndata subject; and\n\u201cthird party\u201d in relation to personal data, means a person other than\n(a) the data subject,\n(b) the data controller, or\n(c) any data processor or other person authorised to process\ndata for the data controller or processor.\nRepeals and savings\n123. The Data Protection Act, 2012 (Act 843) is hereby repealed.\nTransitional Provisions\n124. Any decision, authorisation, permit or certificate issued by the\npredecessor of the Authority in respect of data protection shall remain valid\nuntil it is revoked, cancelled, terminated by the Authority, or expires in\naccordance with its terms.\nCommencement\n125. The Minister shall specify the date when this Act shall come into force by\npublication in the Gazette." +] \ No newline at end of file diff --git a/assets/example_bills/data-protection-bill-2025/document.txt b/assets/example_bills/data-protection-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..0331fe075522010ff9b4256064b8afc4420bf63d --- /dev/null +++ b/assets/example_bills/data-protection-bill-2025/document.txt @@ -0,0 +1,2661 @@ +DATA PROTECTION BILL , 2025 +ARRANGEMENT OF SECTIONS +Preliminary Provisions +1. Application of the Act +2. Application to the State +Data Protection Authority +3. Establishment of Data Protection Authority +4. Object of the Authority +5. Independence of the Authority +6. Powers of the Authority +7. Functions of the Authority +8. Governing body of the Authority +9. Duties and liabilities of a member of the Board of Directors +10. Tenure of office of members +11. Meetings of the Board +12. Disclosure of interest +13. Establishment of committees +14. Allowances +15. Ministerial directives +Administration +16. Appointment of Director General +17. Functions of the Director General +18. Appointment of Deputy Director General +19. Appointment of other staff +Finances of the Authority +20. Funds of the Authority +21. Bank accounts of the Authority +22. Expenses of the Authority +23. Exemption from tax +24. Borrowing powers +25. Accounts and audit +26. Annual report and other reports +Information provided to Authority +27. Disclosure of information +28. Confidentiality of information +DATA PROTECTION BILL , 2025 +Enforceme nt +29. Enforcement notice +30. Cancellation of enforcement notice +31. Request for assessment +32. Complaints redress procedure +33. Determination by the Authority +34. Restriction on enforcement in case of processing for special +purposes +35. Failure to comply with notice +36. Compliance audit +Data Protection Principles +37. Accountability +38. Lawfulness of Processing +39. Specification of Purpose +40. Compatibility of Further Processing with Purpose of Collection +41. Quality of Information +42. Openness +43. Data Security Safeguards +44. Data Subject Participatio n +Application of Principles of Data P rotection +45. Retention of records +46. Ownership of records +47. Data protection impact asses sment +48. Legitimate interest assessment in data processing +49. Data protection by design or by default. +50. Data processor to comply with security measures +51. Notification of security compromises +52. Correction of personal data +53. Regulation of emerging technologies +Rights of Data Subjects and O thers +54. Right to access personal data +55. Right to be informed +56. Right to give and withdraw consent +57. Right to data portability +58. Right to complain +59. Right to c ompensation +DATA PROTECTION BILL , 2025 +60. Right to object processing of personal data +61. Right to erasure or to be forgotten +62. Right to amend +63. Right to prevent processing of personal data for direct marketing +64. Right to control processing of personal data for election +campaign +65. Rights in relation to automated decision -taking +66. Rights in relation to manual data +Processing of Special Personal D ata +67. Processing of special personal data prohibited +68. Consent for the proce ssing of personal data of a child +69. Demand for health records +70. Exemption related to religious or philosophical beliefs of data +subject +71. Rectification, blocking, erasure and destruction of personal data +Data Protection Register +72. Establishment of Data Protecti on Register +73. Application for registration +74. Right to refuse registration +75. Grant of registration +76. Renewal of registration +77. Removal from Register +78. Cancellation of registration +79. Processing of personal data without registration prohibited +80. Access by the public +81. Duty to notify changes +82. Failure to register +83. Assessable processing +84. Appointment of data protection officers +85. Fees +Accreditation of data protection service providers +86. Accreditation of data protection service providers +87. Application for accreditation +88. Grant of accreditation +89. Non transferability of accreditation +90. Validity of accreditation +DATA PROTECTION BILL , 2025 +91. Suspension of accreditation +92. Revocation of accreditation +General sanctions and penalties +93. Sanctions and Penalties +94. General penalty +95. Appeal Mechanism +Cross Border Transfers of Personal D ata +96. Basis for cross border transfer of personal data +97. Safeguards prior to transfer of personal data out of Ghana +Exemptions +98. National security +99. Crime and taxation +100. Health, education and social work +101. Regulatory activity +102. Journalism, literature and art +103. Research, history and statistics +104. Disclosure required by law or made in connection with a legal +proceeding +105. Domestic purposes +106. Confidential references given by data controller +107. Armed Forces +108. Judicial appointments and honours +109. Public service or ministerial appointment +110. Examination marks +111. Examination scripts +112. Professional privilege +General provisions +113. General duties of the Authority +114. Codes, guidelines and certification +115. International co -operation +116. Prohibition to purchase, obtain or disclose personal data +117. Prohibition of sale of personal data +118. Conditional request for personal data prohibited +119. Transmission of notices by electronic or other means +DATA PROTECTION BILL , 2025 +120. Service of notices by the Authority +121. Regulations +122. Interpretation +123. Repeal and savings +124. Transi tional provisions +125. Commencemen t +A +BILL +ENTITLED +DATA PROTECTION ACT, 202 5 +An Act t o establish the Data Protection Authority ; to regulat e the processing +of personal data ; to provide the legal framework for the protection of personal +data, and for related matters. +DATE OF ASSENT: +Preliminary Provisions +Application of the Act +1. (1) Except as otherwise provided, this Act applies to a data controller +in respect of data where : +(a) the data controller is established in this country and the data is +processed in this country ; +(b) the data controller is established in this country and the data is +processed outside the country by eithe r the data controller or +data processor ; +(c) the data controller is not established in this country but offers +goods and services to persons who are within the country ; +(d) the data controller is not established in this country but their +activities involve monitoring or profiling of individuals in the +country ; +(e) the data controller is not established in this country but uses +equipment or a data processor carrying on business in this +country to process the data ; or +(f) processing is in respect of information which originates partly or +wholly from this country. +DATA PROTECTION BILL , 2025 +(2) Subject to the requirements under subsection (3) , a data controller +that is not established in this country shall not be required to register as an +external company unless otherwise required by any other enactment or law. +(3) A data controller that is not established in this country shall +designate in writing a representative within the country where: +(a) the data controller processes large -scale data on a frequent or +continuous basis; +(b) the data controller processes special personal data of individuals +in the country; or +(c) the data controller processes personal data relating to criminal +offences in the country . +(4) The requirement to designate a representative in the country shall +not apply to a data controller whose processing of personal data is not likely +to result in risks to rights and freedoms of data subjects . +(5) For the purposes of this Act, provided that liability under the Act +shall remain with the data controller, the representative shall only: +(a) serve as the primary contact for the Authority and data subjects +of the data controller ; +(b) document and maintain records of the data controller’s +processing activities in the country; +(c) be authorised to receive and process all documentation relating +to data processing on behalf of the data controller ; and +(d) be subject to enforcement actions under the Act on behalf of the +data controller . +(6) For the purposes of this Act the following are to be treated as +established in this country: +(a) an individual who is ordinarily resident in this country; +(b) a body incorporated or registered under the laws of this country; +(c) a body whose central administration or management of business +or operational activities takes place in this country ; +(d) a partnership, persons registered under the Registration of +Business Names Act, 1962 (Act 151) and the Trus tees +(Incorporation) Act, 1962 (Act 106); +(e) an unincorporated joint venture or association operating in part +or in whole in this country; and +DATA PROTECTION BILL , 2025 +(f) any person who does not fall within paragraphs (a),(b), (c) or (d) +but maintains an office, branch or agency through which +business activities are carried out in this country. +(7) For the purposes of this Act, a person is ordinarily resident in the +country where that person holds a residence permit issued by the appropriate +authority, or in any other situation where : +(a) that person has been present in this country for a n aggregate +period of not less than 183 days in any 12 -month period , +regardless of temporary absences ; and +(b) has adopted living in the country for settled purposes as part of +regular activities . +(8) Subject to the Republic’s national security and intelligence +needs, t his Act does not apply to data which originates externally and merely +transits through this country unless it is subsequently processed in the country . +Application to the State +2. (1) This Act binds the Republic. +(2) For the purposes of this Act, each government department shall be +treated as a data controller. +(3) Each government department shall appoint an officer to act as a data +protection officer . +(4) Subject to subsection (5), g overnment departments shall not engage in +any dealings or transaction with other government departments or any other +person that involve the processing of personal data , without a valid certificate +of registration issued by the Authority , or by a national foreign data +protection regulator where t hat person is not established in the country . +(5) For the purposes of this Act, the following constitutes dealings or +transactions with a person provided that it involves the processing of personal +data: +(a) public -private partnerships under the Public Private Partnership +Act, 2020 (Act 1039) ; +(b) procurement contracts or agreements under the Public +Procurement Act, 2003 (Act 663) as amended ; +(c) any contract or agreement where the data controller processes +large -scale data or special personal data ; +DATA PROTECTION BILL , 2025 +(d) any contract for the provision of services including legal, +medical, health, broadcast and telecommunication, +engineering, transportation and logistics, education, technology +and software provision, water and sanitation, marketing and +advertisement, real estate, research and development, human +resource and recruitment, tourism and hospitality, event +management, food production and agriculture , accounting, +financ e, insurance, banking, consulting, power and energy, +mining, oil and gas, security , emergency and relief , non -profit +and other professional service s; +(e) any contract or agreement for the provision of a service s which +is necessary or incidental to the business or operations of the +government department ; +(f) any contract or agreement that requires cross -border transfer of +data; and +(g) international business and economic transactions . +(6) For the avoidance of doubt, the routine procurement of goods and +services such as food supplies , office equipment , stationery or administrative +materials do not constitute dealings and transactions under this section. +(7) The failure of the government department to comply with subse ction (4) +shall not invalidate a contract or render a contract illegal and unenforceable . +(8) A government department who breaches subsection (4) shall be liable to +an administrative penalty . +(9) The Authority may by guidelines or directives , determine which +categories of dealings or transactions under subsection (5) may be not be +subject to the requirements under subsection (4) for the time being. +(10) The Minister may by legislative instrument expand t he categories or +transactions under subsection ( 5). +(11) Where the purposes and the way the processing of personal data are +determined by a person acting on behalf of the Executive, Parliament and the +Judiciary, the data controller in respect of that data for the purposes of this +Act is +(a) in relation to the Executive, the Chief of Staff , +(b) in relation to Parliament, the Clerk to Parliament, and +(c) in relation to the Judiciary, the Judicial Secretary. +DATA PROTECTION BILL , 2025 +(12) Despite subsection ( 11), a person in a different capacity may be +appointed as data controller and such person must be designated in writing +to the Authority . +Data Protection Authority +Establishment of the Data Protection Authority +3. (1) There is established by this Act , the Data Protection Authority . +(2) The Authority – +(a) shall be a body corporate, with perpetual succession and a +common seal; +(b) may sue or be sued in its corporate name; and +(c) may acquire, hold and dispose of its property. +(3) Where there is hindrance to the acquisition of property, the property may +be acquired for t he Authority under the Land Act, 2020 (Act 1036) and the +costs shall be borne by the Authority . +Object of the Authority +4. The object of the Authority is to: +(a) protect the privacy of the individual and personal data by +regulating the processing of personal information, +(b) ensure efficient management of personal data to prevent data +exploitation and abuse ; +(c) establish standards for the processing of data locally and by cross - +border transfer mechanisms, +(d) regulate the personal data digital economy to build trust and +confidence in the delivery of digital services, and +(e) provide the process to obtain, hold, use or disclose personal +information . +Independence of the Authority +5. (1) The Authority shall be independent , and shall not be subject to the +direction, control, influence and pressure of any person or authority , including +the government in the exercise of its object , powers and functions. +(2) The p rimary d ecision -making power and enforcement as it relates to +rights and obligations under this Act shall reside with the Authority. +DATA PROTECTION BILL , 2025 +(3) The Authority shall exercise its functions and powers impartially, +without bias, and in the best interests of safeguarding individuals ’ rights under +this Act . +(4) The Authority shall establish and implement mechanisms for en suring +accountability of the actions or inactions and obligations of data controllers +and data processors under the Act. +(5) The Authority shall have power to determine its organisational structure +and regulate its own internal procedures . +Powers of the Authority +6. The Authority is granted the power to: +(a) issue market conduct regulations, rules, directives and guidelines +under this Act ; +(b) conduct investigations into alleged breaches of data protection +regulations; +(c) provide accreditation to data protection service providers; +(d) facilitate conciliation, mediation and negotiation on disputes +arising from this Act; +(e) issue summons to a witness for the purposes of investigation; +(f) issue corrective measures, administrative fines, penalties , direct +peer regulators to cancel or suspend licenses or operations or issue +sanctions in response to identified non -compliance with the +provisions of this Act and +(g) make any determination as the Authority finds just and equitable . +Functions of the Authority +7. To achieve the object, the Authority shall +(a) implement and monitor compliance with the provisions of this +Act; +(b) make the administrative arrangements it considers appropriate +for the discharge of its duties; +(c) investigate any complaint under this Act and determine it in the +manner the Authority considers fair; +(d) keep and mainta in the Data Protection Register; +(e) carry out a udits to assess compliance with the provisions of this +Act; +(f) facilitate train ing of data protection officers; +DATA PROTECTION BILL , 2025 +(g) provide guidance, disseminate information, and collaborate +with relevant entities to enhance understanding and awarenes s +of data protection principles and +(h) prescribe and enforce appropriate remedies to address violations +and mitigate the impact on individuals' privacy and data +management and data security rights. +Governing body of the Authority +8. (1) The governing body of the Authority is a Board consisting of +(a) a chairperson; +(b) one representative from the following: +(i) Commission on Human Rights and Administrative +Justice not below the rank of a Deputy Commissioner; +(ii) Ministry of Communications not below the rank of a +Director ; +(iii) National Communications Authority not below the +rank of a Director; +(iv) Bank of Ghana not below the level of Deputy Governor; +(c) one representative elected by the Industry Forum; +(d) two other persons nominated by the President at least one of +whom is a woman; and +(e) the Director General of the Authority . +(f) provided that the composition of the Board shall have not less +than three women +(2) The members of the Board shall be appointed by the President in +accordance with article 70 of the Constitution. +(3) The Board shall ensure the proper and effective performance of +the functions of the Authority . +Duties and liabilities of a member of the Board of Directors +9. (1) A member of the Board of Directors has the same fiduciary relationship +with the Authority a nd the same duty to act with loyalty and in good faith as +a director of a company incorporated under the Companies Act, 2019 (Act +992). +(2). Without limiting subsection (1), a member of the Board of Directors +has a duty +DATA PROTECTION BILL , 2025 +(a) to act honestly and in the best interest of the Authority in the +performance of the functions of the Authority; +(b) to exercise the degree of care and diligence in the performance of +functions that a person in that position would reasonably be +expected to exercise in the circumstances; +(c) not to disclose information acquired in the capacity of the member +as a member of the Board of Directors to any person or make use +of that information, except in the performance of functions; +(d) not to abuse the position of the office; and +(e) not to pursue personal interests at the expense of the Authority. +(3) A member of the Board of Directors, other than the Director General, +shall not participate in the day -to-day running of the Authority. +(4) A member of the Board is not personally liable for damage or injury to +a third party that arises in the execution of an official duty of that member, if +the member at all material times acted in good faith. +(5) The Authority shall indemnify and hold harmless such a member +against any legal costs, including attorney’s fees, expenses, and liabilities +reasonably incurred in connection with any legal proceedings instituted +against the member in respect of acts done or purported to have been done in +the performance of official duties, p rovided that the member acted in good +faith and in the interest of the Authority. +(6) A member of the Board of Directors who contravenes subsection (1) or +(2) commits an offence and is liable on summary conviction to a fine of not +less than two thousand p enalty units and not more than twenty thousand +penalty units. +(7) Where a court determines that the Authority has suffered a loss or +damage as a result of the act or omission of a member of the Board of +Directors, the court may, in addition to imposing a fine, order the member to +pay appropriate compensation to the Authority. +Tenure of office of members +10. (1) A member of the Board shall hold office for a period not exceeding +four years and is eligible for re -appointment, but a member shall not be +appointed for more than two terms. +(2) Subsection (1) does not apply to the Director General of the +Authority . +DATA PROTECTION BILL , 2025 +(3) A member of the Board may at any time resign from office in +writing addressed to the President through the Minister. +(4) A member of the Board, other tha n the Director General who is +absent from three consecutive meetings of the Board without sufficient cause +ceases to be a member of the Board. +(5) The President may by letter addressed to a member revoke the +appointment of that member. +(6) Where a member of the Board is, for a sufficient reason, unable to +act as a member, the Minister shall determine whether the inability would +result in the declaration of a vacancy. +(7) Where there is a vacancy +(a) under subsection (3) or (4) ; +(b) as a result of a declaration under subsecti on (6); or +(c) by reason of the death of a member the Minister shall +notify the President of the vacancy and the President shall appoint a person to +fill the vacancy. +Meetings of the Board +11. (1) The Board shall meet at least once every three months for the dispatch +of business at the times and in the places determined by the chairperson. +(2) The chairperson shall at the request in writing of not less than one - +third of the membership of the Board convene an extraordinary meeting of the +Board at the place and time determined by the chairperson. +(3) The quorum at a meeting of the Board is seven members of the +Board or a greater number determined by the Board in respect of an important +matter. +(4) The chairpe rson shall preside at meetings of the Board and in the +absence of the chairperson, a member of the Board elected by the members +present from among their number shall preside. +(5) Matters before the Board shall be decided by a majority of the +members present and voting and in the event of an equality of votes, the +person presiding shall have a casting vote. +(6) The Board may co -opt a person to attend a Board meeting but +that person shall not vote on a matter for decision at the meeting. +DATA PROTECTION BILL , 2025 +Disclosure of interest +12. (1) A member of the Board who has an interest in a matter for +consideration +(a) shall disclose the nature of the interest and the disclosure shall +form part of the record of the consideration of the matter; and +(b) shall not participate in the deliberations of the Board in respect +of that matter. +(2) A member ceases to be a member of the Board if that member has +an interest on a matter before the Board and +(a) fails to disclose that interest; or +(b) participates in the deliberations of the Board in respect of the +matter . +Establishment of committees +13. (1) The Board may establish committees consisting of members of the +Board or non -members or both to perform a function. +(2) A committee of the Board may be chaired by a member of the Board. +(3) Section 12 applies to members of committees of the Board. +Allowances +14. Members of the Board and members of a committee of the Board shall +be paid the allowances approved by the Minister in consultation with the +Minister responsible for Finance. +Policy directives +15. (1) Notwithstanding subsection 5, the Minister may give written +directives to the Board of Directors on matters of policy in line with the object +and functions of the Authority , and the Board of Directors shall comply in a +manner consistent with the effective performance of the functions of the +Authority. +(2) Subsection (1) shall not be construed to confer on the Minister the +power to instruct the Authority on specific t echnical or operational matters +in relation to the object and functions of the Authority. +Administration +DATA PROTECTION BILL , 2025 +Appointment of Director -General +16. (1) The President shall, in accordance with article 195 of the Constitution, +appoint a Director -General for the Authority . +(2) The Director -General shall hold office on the terms and +conditions specified in the letter of appointment . +(3) The Director -General shall be a person of high moral character +and integrity with the relevant professional qualifications and experience +related to the functions of the Authority . +Functions of the Director -General +17. (1) The Director -General is responsible for +(a) the day-to-day administratio n of the affairs of the Authority and is +answerable to the Board in the performance of functions under this +Act, and +(b) the implementation of the decisions of the Board. +(2) The Director -General shall perform any other functions determined by +the Board. +(3) The Director -General may delegate a function to an officer of the +Authority but shall not be relieved of the ultimate responsibility for the +performance of the delegated function. +Appointment of Deputy Director General +18. (1) The President shall, in accordance with article 195 of the Constitution +appoint a Deputy Director General for the Authority. +(2) The Deputy Director -General shall hold office on such terms and +conditions as shall be specified in his letter of appointment +(3) The Deputy Director -General shall be responsible to the Director - +General in the performance of his functions under this Act. +(4) The Deputy Director -General shall, subject to the provisions of this +Act +(a) assist the Director -General in the discharge of his functions and +perform such other functions as the Director General may +delegate to him; and +(b) be responsible for the direction of the Authority when the +DATA PROTECTION BILL , 2025 +Director -General is absent from Ghana or is otherwis e unable to +perform his functions . +Appointment of other staff +19. (1) The President shall in accordance with article 195 of the Constitution +appoint for the Authority other staff that are necessary for the proper and +effective performance of its functions. +(2) Other public officers may be transferred or seconded to the +Authority or may otherwise give assistance to it. +(3) The Authority may engage the services of advisers and +consultants on the recommendation of the Board. +Finances of the Authority +Funds of the Authority +20. The funds of the Authority include +(a) moneys approved by Parliament; +(b) grants and donations; +(c) internally generated funds; +(d) any other moneys that are approved by the Minister responsible +for Finance. +Bank account s of the Authority +21. Moneys for the Authority shall be paid into bank account s opened for +the purpose with the approval of the Controller and Accountant -General. +Expenses of the Authority +22. The expenses of the Authority shall be charged on the funds of the +Authority. +Exemption from tax +23. Subject to article 174 of the Constitution and the Exemptions Act, 2022 +(Act 1083), the Authority is exempt from the payment of taxes that the +Minister responsible for Fi nance may, in writing, determine with the prior +approval of Parliament. +DATA PROTECTION BILL , 2025 +Borrowing powers +24. (1) Subject to article 181 of the Constitution and section 76 of the Public +Financial Management Act, 2016 (Act 921), and with the prior consent in +writing of the Minister, the Authority may borrow money from a body +corporate or any other person. +(2) For th e purposes of securing the money borrowed, the Authority +may, with the prior consent in writing of the Minister, mortgage, charge or +pledge a right, title or an interest in any of the properties of the Authority. +Accounts and audit +25. (1) The Board shall keep books of accounts and proper records in relation +to them in the form approved by the Auditor -General. +(2) The Board shall submit the accounts of the Authority to the +Auditor -General for audit within three months after the end of the financial +year. +(3) The Auditor -General shall, not later than three months after the +receipt of the accounts, audit the accounts and forward a copy of the audit +report to the Minister. +Annual report and other reports +26. (1) The Board shall within one month after the receipt of the audit report, +submit an annual report to the Minister covering the activities and the +operations of the Authority for the year to which the report relates. +(2) The annual report shall include : +(a) the r eport of the Auditor - General ; +(b) an assessment of the targets of the Authority; and +(c) a summary of challenges and feedback from stakeholders and +recommendations to improve the efficiency and effectiveness of +the Authority. +(3) The Minister shall, within one month after the receipt of the +annual report, submit the report to Parliament with a statement that the +Minister considers necessary. +(4) The Board shall also submit to the Minister any other reports, +which the Minister may require in writing. +Information provided to the Authority +DATA PROTECTION BILL , 2025 +Disclosure of information +27. Except for special personal data and information relating to intelligence, +and counterintelligence, t he provisions of an enactment or law which prohibit +or restrict the disclosure of information do not apply to a case where a person +furnishes the Authority with information reasonably necessary for the +performance of the functions of the Authority under th is Act. +Confidentiality of information +28. (1) The Authority , an employee or an agent of the Authority shall not +disclose information +(a) obtained by the Authority under or for the purposes of this Act, +(b) furnished to the Authority under or for the purposes of this +Act, +(c) which relates to an identifiable individual, and +(d) which is not at the time of the disclosure and has not previously +been available to the public from other sources +unless the disclosure is made with lawful authority. +(2) A disclosure is made with lawful authority where the disclosure +(a) is made with the free, informed and explicit consent of the +individual or the person for the time being carrying on the +business, +(b) was made for the purpose of it being made available to the public +under the provisions of this Act, +(c) is made for the purposes of, and is necessary for, the performance +of a function under this Act, +(d) is made for the purposes of any civil or criminal proceedings, +which arise under or by vi rtue of this Act or otherwise, or +(e) having regard to the rights, freedoms or legitimate interests of a +person, the disclosure is necessary in the public interest. +(3) A person who knowingly or recklessly discloses information in +contravention of subsection (1) c ommits an offence and is liable on +summary conviction to a fine of not more than two thousand five hundred +penalty units. +Enforcement +DATA PROTECTION BILL , 2025 +Enforcement notice +29. (1) Where the Authority is satisfied that a data controller has +contravened or is contravening any of the data protection principles, the +Authority shall serve the data controller with an enforcement notice to +require that data controller to do any of the following: +(a) to take or r efrain from taking the steps specified within the time +stated in the notice, +(b) to refrain from processing any personal data or personal data of a +description specified in the notice; or +(c) to refrain from processing personal data or personal data of a +descripti on specified in the notice for the purposes specified or in +the manner specified after the time specified. +(2) In deciding whether to serve an enforcement notice, the Com - +mission shall consider whether the contravention has caused or is likely to +cause damage or distress to any person. +(3) An enforcement notice issued in respect of a contravention of a +provision of this Act may also require the data controller to rectify, block, +erase or destroy other data held by the data controller and which contains +an expressi on of opinion which appears to the Authority to be based on the +inaccurate data. +(4) Where +(a) an enforcement notice requires the data controller to rectify, +block, erase or destroy personal data, or +(b) the Authority is satisfied that personal data which has been +rectified, blocked, erased or destroyed was processed in +contravention of any of the data protection principles +the Authority may require the data controller to notify a third party to whom +the data has been disclosed of the rectification, blocking, erasure or +destruction. +(5) An enforcement notice shall contain a statement of the data +protection principle which the Authority is satisfied has been contra vened +and the reasons for that conclusion. +(6) Subject to this section, an enforcement notice shall not require any +of the provisions of the notice to be compl ied with before the end of the period +within which an appeal may be brought against the notice and, if the appeal +is brought, the no tice may not be complied with pending the determination +or withdrawal of the appeal. +DATA PROTECTION BILL , 2025 +(7) Despite subsection (6), the Authority may in exceptional +circumstances order that the notice apply immediately. +Cancellation of enforcement notice +30. The Authority may, on its own motion or on an application made by a +person on whom a notice is served, cancel or vary the notice to that person. +Request for assessment +31. (1) A person who is affected by the processing of any personal data +may on that person’s own behalf or on behalf of another person request +the Authority to make an assessment as to whether the processing is in +compliance with the provisions of this Act. +(2) On receiving a request, the Authority may make an assessment in +the manner that the Authority considers appropriate. +(3) The Authority may consider the following in determining whether +an assessment is appropriate: +(a) the extent to which the request appears to the Authority to raise a +matter of substance; +(b) any undue delay in making the request; and +(c) whether or not the person making the request is entitled to make an +application in respect of the personal data in question. +(4) The Authority shall not publish the report of any finding unless +(a) the request is accompanied with the prescribed fee, or +(b) the Authority waives payment based on proven pecuniary +challenges of the applicant. +(5) Where the Authority finds that the processing by a data controller is +contrary to the prov isions of this Act, the Authority shall issue a +determination notice to the data controller specifying the contravention and +give the data controller notice to cease business operations and the data +controller shall comply immediately. +Complaints redress procedure +DATA PROTECTION BILL , 2025 +32. (1) Any individual who believes that their rights under this Act have been +infringed upon by a data controller or data processor shall have the right to +lodge a complaint with the Authority. +(2) Complaints shall be submitted to the Authority in writing, electronically, +or through any other means designated for this purpose. +(3) Complaints shall contain sufficient information to identify the +complainant and the alleged infringement, including details of the data +controller or data processor involved, the nature of the alleged violation, and +any supporting evidence. +(4) Upon receipt of a complaint, the Authority shall conduct an initial +assessment to determine its validity and whether it falls within the jurisdiction +of the Authority. +(5) The investigation shall be conducted in accordance with the procedures +established by the Authority, ensuring fairness, transparency, and adherence +to the principles of natural justice. +(6) The data controller or data processor again st whom the complaint is +lodged shall be provided with an opportunity to respond to the allegations and +present evidence in their defense. +(7) Following the investigation, the Authority shall issue a de termination on +the complaint, including remedial actions or sanctions deemed necessary and +or prescribe compensation commensurate with the harm or distress suffered. +(8) The Authority may b y guidelines or directives, prescribe timelines for +the complaints redress procedure. +Determination by the Authority +33. (1) Where at any time it appears to the Authority that personal +data +(a) is being processed in a manner inconsistent with the +provisions of this Act, or +(b) is not being processed with a view to the publication by a +person of a journalistic, literary or artistic material which has +not previously been published by the data controller the +Authority may make a determination in writing to that effect. +(2) The Authority shall give a notice of the determination to the data +controller. +DATA PROTECTION BILL , 2025 +Restriction on enforcement in case of processing for special purposes +34. (1) The Authority shall not serve an enforcement notice on a data +controller in relation to the processing of personal data unless a determination +has been made by the Authority . +(2) The Authority shall not serve an information notice on a data +controller in relation to the processing of per sonal data unless a determination +has been made by the Authority . +Failure to comply with notice +35. (1) A person who fails to comply with an enforcement notice commits an +offence and is liable on summary conviction to a fine of not more than ten +thousand penalty units or to a term of imprisonment of not more than one year +or to both. +(2) A person who, in compliance with an information notice, +(a) makes a statement which that person knows to be false in a +material respect, or +(b) recklessly makes a statement which is false in a material +respect +commits an offence and is liable on summary conviction to a fine of not +more than one hundred and fifty thousand penalty units . +(3) It is a defence for a person charged with an offence under sub - section (1) +to prove that, that person exercised due diligen ce to comply with the notice +in question. +Compliance audit +36. (1) The Authority shall in writing , authori se an officer of the Authority +or any other officer to perform the functions determined by the Authority for +the purpose of enforcing the provisions of this Act and the Regulations. +(2) Without limiting subsection (1), a person authorised by the +Authority shall : +(a) with a warrant of the court issued by ex-parte proceedings, or +(b) with the free, written, informed and explicit consent of the data +controller or data processor +DATA PROTECTION BILL , 2025 +enter the premises of a data controller or data processor to audit the data +protection processes of a data controller or data processor to ensure +compliance with this Act. +(3) Where there has been a data breach or a likely threat of a breach, +and it would be impracticable to obtain a warrant due the exigencies of the +situation, the Authority may without warrant and with supervision of law +enforcement , enter the premises of a data controller or data controller to audit +the data protection systems of a data controller or data processor at a +reasonable time to ensure compliance with this Act. +(4) The cost of the audit shall be agreed upon between the data +controller and the Authority where the data controller or data processor has +prior notice of the inspection. +(5) The Authority shall review the findings of the audit , make +appropriate determinations and issue sanctions or compliance audit +certifications accordingly . +Data Protection Principles +Accountability +37. (1) A data controller who processes personal data shall ensure that the +personal data is processed : +(a) without infringing the privacy rights of the data subject; +(b) in a lawful and reasonable manner; +(c) for a specified purpose compatible with further processing ; +(d) in a manner that adheres with standards of quality of information +and openness; +(e) in manner that prioritises data subject participation. +(2) A data controller or data processor shall in respect of foreign data subjects +ensure that personal data is processed in compliance with data protection +legislation of the foreign jurisdiction of that subject where personal data +originating from that jurisdiction is sent to this country for process ing. +DATA PROTECTION BILL , 2025 +(3) A data controller or data processor that is not established in this country +shall ensure that personal data is processed in compliance with this Act where +personal data originating from this country is processed outside the country. +Lawfulness of Processing +38. (1) A data controller or processor may only process personal data if the +purpose for which the personal data is to be processed, is necessary, relevant +and not excessive. +(2) A data controller or processor shall not process personal data without +the prior written, informed and explicit consent of the data subject unless the +purpose for which the personal data is processed is +(a) necessary for the purpose of a contract to which the data subject +is a party; +(b) authorised by law; +(c) necessary for the proper performance of a statutory duty; or +(3) Unless otherwise provided by law, a data subject may object to the +processing of personal data. +(4) Where a data subject objects to the processing of personal data, the +person who processes the personal data shall stop the processing of the +personal data. +(5) A person shall collect personal data directly from the data subject. +(6) Despite subsection (5 ), personal data may be collected indirectly +where: +(a) the data is contained in a public record; +(b) the data subject has deliberately made the data public; +(c) the data subject has consented to the collection of the information +from another source; +(d) the collection of the data from another source is not likely to +prejudice a legitimate interest of the data subject; +(e) the collection of the data from another source is necessary: +DATA PROTECTION BILL , 2025 +(i) for the prevention, detection, investigation, prosecution or +punishment of an offence or breach of law; +(ii) for the enforcement of a law which imposes a pecuniary penalty; +(iii) for the enforcement of a law which concerns revenue co llection; +(iv) for the conduct of proceedings be fore any court or tribunal that +have commenced or are reasonably contemplated; +(v) for the protection of national security; or +(vi) for the protection of the interests of a responsible or third party to +whom the information is supplied; +(f) compliance would prejudice a lawful purpose for the collection; +or +(g) compliance is not reasonably practicable. +(7) Subject to subsections (2) and (3), a data controller who records personal +data shall not retain the personal data for a period longer than is necessary to +achieve the purpose for which the data was collected and processed unless +(a) the retention of the record is required or authorised by law, +(b) the retention of the record is reasonably necessary for a lawful +purpose related to a function or activity, +(c) retention of the record is required by virtue of a contract between +the parties to the contract, or +(d) the data subject consents to the retention of the record. +(8) Subsection ( 7) does not apply to records of personal data retained for +(a) historical, +(b) statistical, or +(c) research purposes. +(9) A person who retains records for historical, statistical or research purposes +shall ensure that the records that contain the personal data are adequately +protected against access or use for unauthorised purposes. +(10) A person who uses a record of the personal data of a data subject to make +a decision about the data subject shall +DATA PROTECTION BILL , 2025 +(a) retain the record for a period required or prescribed by law or a code +of conduct, or +(b) where there is no law or code of conduct that provides for the retention +period, retain the record for a period which will afford the data subject an +opportunity to request access to the record. +(11)A data controller shall destroy or delete a record of personal data or de - +identify the record at the expiry of the retention period. +(12) The destruction or deletion of a record of personal data shall be done in +a manner that prevents its reconstruction in an intelligible form. +(13) A data processor or a person who processes personal data o n behalf of a +data controller shall +(a) process the data only with the prior knowledge or authorisation of +the data controller, and +(b) treat the personal data which comes to the knowledge of the data +processor or the other person as confidential. +(14) A data processor or a person who processes personal data on behalf +of a data controller shall not disclose the data unless +(a) required by law, or +(b) in the course of the discharge of a duty. +Specification of p urpose for collection of personal data +39. (1) A data controller or processor shall collect personal data for specified, +explicit, and legitimate purposes and not further processed in a manner +incompatible with those purposes. +(2) A data controller who collects personal data shall collect the data for a +purpose which is specific, explicitly defined and lawful and is related to the +functions or activity of the person. +(3) A data controller who collects data shall take the necessary steps to ensure +that th e data subject is aware of the purpose for the collection of the data. +DATA PROTECTION BILL , 2025 +Compatibility of Further Processing with Purpose of Collection +40. (1) Where a data controller holds personal data collected in connection +with a specific purpose, further processing of the personal data shall be for that +specific purpose. +(2) A person who processes data shall take into account +(a) the relationship between the purpose of the intended further +processing and the purpose for which the data was collected , +(b) the nature of the data concerned, +(c) the manner in which the data has been collected, +(d) the consequences that the further processing is likely to have for the +data subject, and +(e) the contractual rights and obl igations between the data subject and +the person who processes the data. +(3) The further processing of data is considered to be compatible with +the purpose of collection where +(a) the data subject consents to the further processing of the +information, +(b) the data is publicly available or has been made public by the person +concerned, +(c) further processing is necessary +(i) for the prevention, detection, investigation, prosecution or +punishment for an offence or breach of law , +(ii) for the enforcement of a law which imposes a pecuniary +penalty, +(iii) for the enforcement of legislation that concerns protection of +revenue collection, +(iv) for the conduct of proceedings before any court or tribuna l that +have commenced or are reasonably contemplated, or +(v) for the protection of national security; +(d) the further processing of the data is necessary to prevent or +mitigate a serious and imminent threat to +DATA PROTECTION BILL , 2025 +(i) public health or sa fety, or +(ii) the life or health of the data subject or another individual; +(e) the data is used for historical, statistical or research purposes and +the person responsible for the processing ensures that : +(i) the further processing is carried out solely for the purpose for +which the data was collected, and +(ii) the data is not published in a form likely to reveal the identity +of the data subject; or +(f) the further processing of the data is in accordance with this Act. +Quali ty of Information +41. Subject to data participation rights of the data subject, a data controller +who processes personal data shall ensure that the data is complete, accurate, +up to date and n ot misleading having regard to the purpose for the collection +or processing of the personal dat a. +Openness +42. (1) A data controller who intends to collect personal data shall ensure that +the data subject is aware of +(a) the nature of the data being collected; +(b) the name and address of the person responsible for the collection; +(c) the purpose for which the data is required for collection; +(d) whether or not the supply of the data by the data su bject is +discretionary or mandatory; +(e) the consequences of failure to provide the data; +(f) the authorised requirement for the collection of the information or the +requirement by law for its collection; +(g) the recipients of the d ata; +(h) the nature or category of the data; and +(i) the existence of the right of access to and the right to request +rectification of the data collected before the collection. +DATA PROTECTION BILL , 2025 +(3) Where the data is collected from a third party, the data subject shall be +given the information specified in subsection ( 1) before the collection of the +data or as soon as practicable after the collection of the data. +(4) Subsection ( 1), shall not apply in the following situations where it is +necessary: +(a) to avoid the compromise of the law enforcement power of a public +body responsible for the prevention, detection, investigation, prosecution or +punishment of an offence; +(b) for the enforcement of a law which imposes a pecuniary penalty; +(c) for the enforcement of legislation which concerns revenue collection; +(d) for the preparation or conduct of proceedings before a court or +tribunal that have been commenced or are reasonably contemplated; +(e) for the protection of national security; +(f) to avoid the prejudice of a lawful purpose; +(g) to ensure that the data cannot be used in a form in which the data +subject is identified; or +(h) because the data is to be used for historical, statistical or research +purposes. +Data security s afeguards +43. (1) A data controller or processor shall take the necessary steps to secure +the integrity of personal data in the possession or control of the data controller +or processor through the adoption of appropriate, reasonable, technical and +organisational measures to prevent +(a) loss of, damage to, or unauthorised destruction; and +(b) unlawful access to or unauthorised processing of personal data. +(2) For the purpose of subsection (1), the data controller shall take reasonable +measures to +(a) identify reasonably foreseeable internal and external risks to +personal data under the possession or control of the data controller or +processor ; +DATA PROTECTION BILL , 2025 +(b) establish and maintain appropriate safeguards against the +identified risks; +(c) regularly verify that the safeguards are effectively implemented; +and +(d) ensure that the safeguards are continually updated in response to +new risks or deficiencies. +(3) A data controller or processor shall observe +(a) generally accepte d information security practice s and procedure s, +and +(b) specific industry or professional rules and regulations. +(4) Data controllers who collect, process, or store data shall implement +policies and procedures for the secure disposal of data when it is no longer +needed for its intended purpose. +(5) Data disposal procedures shall be designed to ensure the permanent a nd +irretrievable removal of data from all storage devices and systems. +(6) The Authority shall – +(a) regulate the deployment of technological and organisational +measures to enhance personal data protection; and +(b) foster the development of personal data protection technologies, +in accordance with recognised international best practices and applicable +international law . +Data subject p articipation +44. (1) A data subject shall have the right to: +(a) access their personal data; +(b) request rectification , correction or erasure of their personal data; +(c) request to be forgotten; +(c) request restriction of processing of their personal data. +(2) A data controller shall facilitate the exercise of these rights and respond +to requests with in twenty -one working days . +DATA PROTECTION BILL , 2025 +Application of Principles of Data P rotection +Retention of records +45. (1) A data controller who records personal data shall not retain the +personal data for a period longer than is necessary to achieve the purpose for +which the data was collected and processed unless +(a) the retention of the record is required or authorised by law, +(b) the retention of the record is reasonably necessary for a lawful +purpose related to a function or activity, +(c) retention of the record is required by virtue of a contract between +the parties to the contract, or +(d) the data subject consents to the retention of the record. +(2) Subsection (1) does not apply to records of personal data retained +for +(a) historical, +(b) statistical, or +(c) research purposes. +(3) A person who retains records for historical, statistical or research +purposes shall ensure that the records that contain the personal data are +adequately protected against access or use for unauthorised purposes. +(4) A person who uses a record of the personal data of a data subject +to decide about the data subject shall +(a) retain the record for a period required or prescribed by law or a +code of conduct, or +(b) where there is no law or code of conduct that provides for the +retention period, retain the record for a period which will afford +the data subject an opportunity to request access to the reco rd. +(5) A data controller shall destroy or delete a record of personal data +or de -identify the record at the expiry of the retention period. +(6) The destruction or deletion of a record of personal data shall be +done in a manner that prevents its reconstruction in an intelligible form. +Ownership of records +46. (1) As far as p ersonal data is concerned, personal data shall remain the +property of the data subject and shall not be deemed to be owned by any other +person or entity solely by virtue of its processing. +DATA PROTECTION BILL , 2025 +(2) A data controller or data processor shall be deemed to be a custodian +or steward of personal data and shall only process such data in accordance +with this Act and for the purposes explicitly consented to by the data subject +or permitted under la w. +(3) Any provision of another enactment that purports to confer proprietary +rights over personal data to a person other than the data subject shall, to the +extent of such inconsistency, be void and of no effect. +(4) For the avoidance of do ubt, ownership of computer equipment, +databases, or software systems used to store or process personal data shall +not confer ownership of the personal data contained therein. +Data Protection Impact Assessment +47. (1) Where a data processing activity is likely to pose real risk to the rights +and freedoms of a data subject, the data controller or data processor shall +conduct a data protection impact assessment prior to processing the personal +data. +(2) In consideration of the rights and legitimate interests of data +subjects , the data protection impact assessment must encompass the +following elements: +(a) details of the intended processing activities, the purposes of the +intended processing activities, and any legitimate interests pursued +by the data controller or data processor. +(b) an evaluation of the legal basis, and appropriateness of the +processing activities with respect to their intended purposes. +(c) an appraisal of the potential risks posed to the rights and freedoms +of data subjects. +(d) the proposed measures to mitigate identified risks, along with +security safeguards aimed at ensuring the protection of personal +data and demonstrating compliance with the relevant provisions +outlined in this Act. +(3) Should a data protection impact assessmen t conducted under this +section reveal that the processing of data would likely result in a real high +risk to the rights and freedoms of a data subject, the data controller or data +processor is obligated to submit a report to the Authority for review and +approval before proceeding with the processing. +DATA PROTECTION BILL , 2025 +(4) The Authority shall provide comprehensive guidelines for the execution +of impact assessments as outlined in this section, ensuring clarity and +consistency in their implementation. +Legitimate interest asse ssment in data processing +48. (1) A data controller shall ensure that any processing of personal data based +on legitimate interests is preceded by a Legitimate Interest Assessment. +(2) The Legitimate Interest Assessment shall include: +(a) a determination that the processing serves a legitimate interest of the +data controller or a third party; +(b) an evaluation of whether the processing is necessary to achieve the +identified interest ; and +(c) an assessment of whether the legitimate interest outweighs the rights +and freedoms of the data subject . +(3) The data controller shall document the Legitimate Interest +Assessment and maintain records demonstrating compliance with this section . +(4) Where the data subject objects to processing o n grounds relating to their +rights and freedoms, the data controller shall reassess the Legitimate Interest +Assessment and cease processing where the interests of the data subject +override the legitimate interest. +(5) The Authority may request access to the Legitimate Interest +Assessment documentation to verify compliance with this section. +Data protection by design and by default +49. (1) A data controller or data processor shall implement appropriate +technical and organisational measures which are designed — +(a) to implement the data protection principles in an effective manner; +and +(b) to integrate necessary safeguards for that purpose into the processing. +DATA PROTECTION BILL , 2025 +(2) The duty under subsection (1) applies both at the time of the +determination of the means of processing the data and at the time of the +processing. +(3) A data controller or data processor shall implement appropriate technical +and organisational meas ures for ensuring that, by default, only personal data +which is necessary for each specific purpose is processed, taking into +consideration — +(a) the amount of personal data collected; +(b) the extent of its processing; +(c) the period of its storage; +(d) its accessibility; and +(e) the cost of processing data and the technologies and tools used. +(4) To give effect to this section, the data controller or data processor shall +consider measures such as +(a) to identify reasonably foreseeable internal and external risks to +personal data under the person's possession or control; +(b) to establish and maintain appropriate safeguards against the +identified risks; +(c) to the pseudonymization and encryption of personal data; +(d) to the ability to restore the availability and access to personal data +in a timely manner in the event of a physical or technical incident; +(e) to verify that the safeguards are effectively implemented; and +(f) to ensure that the safeguards are continually updated in response +to new risks or deficiencies . +(5) The Minister shall by legislative instrument specify categories of data +controllers and industr y-specific data controllers that must implement this +require ment. +DATA PROTECTION BILL , 2025 +Data processor to comply with security measures +50. (1) A data controller shall ensure that a data processor who processes +personal data for the data controller, es tablishes and complies with the +security measures specified under this Act. +(2) The processing of personal data for a data controller by a data +processor shall be governed by a written contract. +(3) A contract between a data controller and a data processor shall +require the data processor to establish and maintain the confidentiality and +security measures necessary to ensure the integrity of the personal data. +(4) Where a data processor is not domiciled in this country, the data +controller shall ensure that the data processor complies with the relevant laws +of this country. +Notification of security compromises +51. (1) A data controller shall notify the Authority and the data subject , +without any undue delay, of any security breach affecting personal data being +processed by or on behalf of the data controller . +(2) The notification shall be made immediately or within 72 hours after +the discovery of the unauthorised access or acquisition of the data. +(3) A data controller shall take steps to ensure the restoration of the +integrity of the information system. +(4) A data controller shall delay not ification to the data subject +where the security agencies or the Authority inform the data controller that +notification will impede a criminal investigation. +(5) The notification to a data subject shall be communicated by +(a) registered mail to the last known residential or postal address +of the data subject or +(b) electronic mail to the last known electronic mail address of the +data subject . +(c) placement in a prominent position on the website of the +responsible party; +(d) publication in the media; and +(e) any other manner that the Authority may direct. +(6) A notification shall provide sufficient information to allow the +data subject to take protective measures against the consequences of +unauthorised access or acquisition of the data. +DATA PROTECTION BILL , 2025 +(7) The information shall incl ude, if known to the data controller, the +identity of the unauthorised person who may have accessed or acquired the +personal data. +(8) Where the Authority has grounds to believe that publicity would +protect a data subject who is affected by the unauthorised ac cess or +acquisition of data, the Authority may direct the data controller to publici se +in the specified manner, the fact of the compromise to the integrity or +confidentiality of the personal data. +(9) A data controller who fails to notify the Authority within the +stipulated 72 hours timeframe shall be subject to an administrative penalty of +not less than two thousand penalty units and not more than hundred +thousand penalty units. +(10) The Authority may, in a ddition to compensation granted to a data +subject, impose an administrative penalty where it is of the opinion that +security compromise resulted from the data controller’s inadequate +compliance with the provisions of this Act relating to safeguarding pers onal +data. +Correction of personal data +52. (1) A data subject may request a data controller to +(a) correct or delete personal data about the data subject held by or +under the control of the data controller that is inaccurate, +irrelevant, excessive, out of date, incomplete, misleading or +obtained unlawfully, or +(b) destroy or delete a record of personal data about the data subject +held by the data controller that the data controller no longer has +the authorisation to retain or +(c) destroy or delete a record of personal data about the data subject +generally without reason if it is not unlawful. +(2) On receipt of the request, the data controller shall comply with +the request or provide the data subject with credible evidence in support of the +data. +(3) Where the data controller and the data subject are unable to reach +an agreement and if the data subject makes a re quest, the data con troller shall +attach to the record an indication that a request for the data has been made +but has not been complied with. +DATA PROTECTION BILL , 2025 +(4) Where the data controller complies with the request, the data +controller shall inform each person to whom the pers onal data has been +disclosed of the correction made. +(5) The data controller shall notify the data subject of the action t aken +as a result of the request. +(6) The data subject shall bear the consequences of deletion or +destruction of personal data that is essential for a service , purpose, or +objective, or if it results in a breach of law, breach of legal obligations between +parties , invalidation of service or application, eligibility of service, denial of +service, unreliability of rec ord, incorrect and incomplete outcomes. +Application of Emerging Technologies +53. (1) Data controllers utili sing advanced methods in data processing shall +ensure compliance with data protection principles. +(2) Technology -driven decisions impacting data subjects shall be +explainable, contestable, and subject to human oversight to prevent bias and +harm. +(3) Privacy enhancing technologies shall be employed to ensure +transparency and accountability in automated decision -making processes. +(4) The Authority shall regulate data processing involving these +technologies, conduct risk assessments, and impose penalties for non - +compliance. +(5) Systems used in critical sectors including but not limited to health, +energy, finance, banking, government services, transportation and logistics, +food and agriculture shall undergo periodic audits bi-annually to evaluate +ethical implications and ensure adherence to national and international +standards. +(6) Data controllers developing or deploying such technologies shall +implement safeguards to protect personal data from unauthori sed access, +discrimination, and unethical use. +(7) In addition to any other requirements under an enactment for time - +being, a ny service that utilises personal data to provide tailored experience, +DATA PROTECTION BILL , 2025 +including but not limited to social media services; video -on-demand or +streaming services; messaging application services; and e -commerce services +and relies on emerging technologies, shall undergo a m andatory data +protection impact assessment prior to launch and shall implement personal +data governance frameworks consistent with data protection principles. +Rights of Data Subjects and Others +Right to access to personal data +54. (1) A data controller shall +(a) inform an individual who is the data subject of the processing of +the individual’s personal data held by the data controller or +another person on behalf of the data controller; +(b) upon the request of a data subject, give to the data subject, a +description of +(i) the personal data of which that individual is the data +subject; +(ii) the purpose for which the data is being or is to be +processed; and +(iii) the recipient or class of recipients to whom the data may +be disclosed; +(c) communicate in an intelligible f orm to the data subject +(i) information which constitutes personal data of +which that individual is the subject; +(ii) information which is available to the data controller +as to the source of the data; and +(d) inform the individual who is the data subject of the logic or rationale +behind the decision that was made based on the processi ng where the +processing constitutes the sole basis for the taking of a decision which +significantly affects that individual. +(2) Where the data constitutes a trade secret, the provision of data +related to the logic or rationale involved in any decision taken does not apply. +(3) A data controller shall not comply with a request under subsection +(1) unless the data controller is supplied with the data that the data controller +may reasonably req uire to identify the person making the request and to locate +the data which that person seeks. +DATA PROTECTION BILL , 2025 +(4) Where a data controller is unable to comply with the request +without disclosing data related to another individual who may be identified +from the information, th e data controller shall not comply with the request +unless +(a) the other individual consents to the disclosure of the data to the +person who makes the request, or +(b) it is reasonable in all circumstances to comply with the request +without the consent of the other data subject +(5) A reference to data related to another individual in subsection (4) +includes a reference to data which identifies that individual as the source of +the data requested. +(6) For the purposes of subsection (4) (b), to determine whether it is +reasonable to comply with the request without the consent of the other +individual concerned, regard shall be had in particular, to +(a) any duty of confidentiality owed to the other individual , +(b) any steps taken by the data controller to seek the consent of that +other individual, +(c) whether the other individual is capable of giving consent, and +(d) any express refusal of consent by the other individual. +(7) An individual who makes a request under this section may specify +that the request is limited to personal data of an y description. +(8) Subject to subsection (5), a data controller shall comply with a +request under this section promptly and in any event within twenty -one +working days from the date of receipt of the request. +(9) Where the Authority is satisfied on the application or a +complainant in relation to matters under subsections (1) to ( 8) that the data +controller has failed to comply with the request, the Authority may order the +data controller to comply with the request. +(10) The data which is supplied pursuant to a request may take into +account an amendment or deletion made between the time of the request and +the time when the data is supplied. +(11) A data controller shall create an enabling environment for a +timely fulfillment of a request to access their personal data . +(12) For the purposes of this section another individual may be +identified from the data disclosed if that individual can be identified +(a) from that data, or +DATA PROTECTION BILL , 2025 +(b) from that data and any other data which in the reasonable belief +of the data controller are likely to be in, or come into the +possession of the data subject who made the request. +Right to be informed +55. (1) A data subject who provides proof of identity may request a data +controller to +(a) confirm to the data subject whether the data controller holds +personal data about that data subject, +(b) give a description of the personal data which is held by the data +controller including data about the identity of a third party or a cat egory of a +third party who has or has had access to the information, and +(c) correct data held on the data subject by the data controller. +(2) The data subject shall make the request +(a) in a manner determined by the data controller; +(b) within a reasonable time; +(c) in a form that is acceptable . +Right to give and withdraw consent +56. (1) A data subject shall have the right to grant and withdraw consent for +the processing of their personal data , that is to opt -in and opt -out, provided +such consent is: +(a) freely given, specific, informed, and unambiguous; +(b) expressed through a clear affirmative act, including written, +electronic, or other recorded means; +(c) revocable in accordance with t he provisions of this Act. +(2) A data controller or processor shall ensure that the request for consent is +presented in a manner distinguishable from other terms and conditions, using +clear and plain language. +DATA PROTECTION BILL , 2025 +(3) Consent obtained through coercion, deception, or undue influence shall +be deemed invalid and unenforceable. +(4) A data subject shall have the right to withdraw consent at any time, +without prejudice to the lawfulness of processing based on consent prior to its +withdrawal. +(5) Upon withdrawal of consent, the data controller or processor shall: +(a) immediately cease processing the affected personal data, except +where otherwise authorized by law. +(b) ensure the prompt deletion or anonymization of such data, +unless retention is necessary for legal compliance, contractual execution, +or the establishment, exercise, or defense of legal claims. +(6) The mechanism for withdrawal of consent shall be as simple as the +mechanism for granting consent and shall not impose an undue burden on +the individual. +Right to data portability +57. (1) A data subject shall , at a cost borne by the data subject, have the +right to receive the personal data concerning him or her, which has been +provided to a data controller, in a structured, commonly used and machine - +readable format and have the right to transmit those data to another data +controller without hindra nce from the data controller to which the personal +data have been provided. +(2) In exercising the right to data porta bility, the data subject shall have +the right to have the personal data transmitted directly from one data +controller to another, either manua lly or by electronic means . +(3) Under subsection (2), the responsibility for ensuring the secure and +safe transfer of personal data rests with the data controller initiating the +transmission. +(4) The right to data portability shall not apply in the following +circumstances: +(a) when the processing of personal data is necessary for tasks +carried out in the public interest or under the authority of a +public institution. +DATA PROTECTION BILL , 2025 +(b) where the exercise of data portability infringes upon the rights +and freedoms of third parties. +(c) if the direct transfer of personal data between data controllers +is impractical or not technically viable. +Right to comp lain +58. (1) A data subject shall have the right to lodge a complaint with the data +controller regarding any alleged violation of their rights under this Act. +(2) The data controller shall provide an accessible mechanism for +submitting complaints and shall respond within 72 hours of receiving the +complaint . +(3) Where a data subject is dissatisfied with the response from the data +controller or does not receive a response within the prescribed period, the data +subject may lodge a complaint with the Authority . +(4) The Authority shall investigat e complaints and impose penalties +where necessary. +Right to compensation +59. (1) Where a data subject suffers damage or distress through the +contravention by a data controller of the requirements of this Act, that data +subject is entitled to compensation from the data controller for the damage or +distress. +(2) In proceedings under this section, a data controller who provide s +documentary evidence of efforts towards accountability, can use that as a +defence to prove that the data controller took reasonable care in all the +circumstances to comply with the requirements of this Act. +Right to object processing of personal data +60. (1) A data subject shall at any time by notice in writing to a data controller +require the data controller to cease or not begin processing for a specified +purpose or in a specified manner. +(2) A data controller shall within three working days after receipt of a +notice inform the individual in writing +(a) that the data controller has complied, or +(b) of the reasons for non -compliance. +DATA PROTECTION BILL , 2025 +(3) (3) Where the Authority is satisfied that the complai nt is justified, +the Authority may order the data controller to comply. +Right to erasure and the right to be forgotten +61. (1) A data subject shall have the right to request from the data controller +the erasure of personal data concerning them without undue delay, and the +data controller shall be obliged to erase such personal data without undue +delay where one of the following grounds applies: +(a) the personal data is no longer necessary in relation to the purposes +for which it was collected or otherwise processed; +(b) the data subject withdraws consent on which the pr ocessing is based, +and where there is no other legal ground for the processing; +(c) the data subject objects to the processing and there are no overriding +legitimate grounds for the processing; +(d) the personal data has been unlawfully processed; +(e) the personal data must be erased for compliance with a legal +obligation in applicable law. +(2) A data subject shall have the right to request from the data controller +to be forgotten concerning them without undue delay, and the data controller +shall be obliged to forget such personal data without undue delay without +providing justification for requesting to be forgotten. +(3) For the purposes of this Act, the right to be forgo tten means in +addition to erasure of personal data kept by the data controller or data +processor, the right to complete removal to the greatest extent possible, of +personal data available to the public through links, copies, websites, +replications of that personal data or other means, as a result of disclosures +made by the data controller. +(4) For the purposes of this section, “greatest extent possible” shall not +be construed in subsection (3) as an excuse for non -performance of the right to +be for gotten but shall be interpreted in light of technical limitations, +jurisdictional boundaries and conflicting public and private interest to mean , +subject to subsection (7) : +(a) all actions within the control of the data controller to forget all +personal data from all systems; +DATA PROTECTION BILL , 2025 +(b) all actions in respect of notification of third parties who were given +access to the data or replicated the data to forget all personal data from all +systems; +(c) all actions in respect of request of removal of links to personal data +from major search engines within the applicable jurisdictions; +(d) all actions requiring the application of reasonable technical measures +to forget personal data from all systems; +(e) all actions to maintain records of efforts of forgetting personal data +from all systems; +(f) all actions to forget personal data from all systems without delay and +within a 30 -day window of request by the data subject , unless complexity is +justified to the Au thority. +(5) A data controller who is obliged to act on the right to be forgotten is +expected to take all reasonable steps, including technical measures , taking into +account available technology and cost of implementation, to inform other data +controllers and data processors who are processing personal data that the data +subject has requested the right to be forgotten. +(6) Subject to subsection (7), where t he data controller is of the view +that cost of implementation of the right to be forgotten exceeds the capacity of +the data controller which could not have been reasonably predicted , the data +controller shall request the Authority to make an assessment of the technology +and cost of implementation of the right to be forgotten withou t delay and +within a 30 -day window of request by the data subject. +(7) The technology and cost of implementation of the right to be +forgotten shall be borne by the data controller even if the cost exceeds the +expected expenses, but where the technology and cost of implementation of +the right to be forgotten exceeds the capacity of the data controller which could +not have been reasonably predicted according to the Authority , the data +subject shall bear not less than 30% of the total expendi ture assessed by the +Authority. +(8) The right of erasure and to be forgotten shall not apply where: +(a) personal data must be retained in accordance with the laws of the +country; or +DATA PROTECTION BILL , 2025 +(c) after diligent efforts to inform or compel third -party data +controllers to erase the personal data of the subject, it is +technically proven difficult erase or forget the personal data. +(9) Despite subsection (1) and (2) , the data subject shall bear the +consequences of a erasure or forgetting of personal data that is essential for a +service, purpose, or objective, or if it results in a breach of law, breach of legal +obligations between parties, invalidation of service or application, ineligibility +for a service, denial of service, unreliability of record, incorrect and incomplete +outcomes. +Right to amend +62. (1) A data subject shall have the right to request change of personal data or +removal of information held by the data controller . +(2) Notwithstanding subsection (1), a data subject has the right to request +amendment of personal data held by the data controller. +(3) The data controller shall rectify such data within three working days of +receiving a valid request. +(4) Despite subsection (1), the data subject shall bear the consequences of +a deletion or destruction of personal data that is essential for a service , +purpose, or objective, or if it results in a breach of law, breach of legal +obligations between parties, invalidation of service or application, ineligibility +for a service, denial of service, unreliability of record, incorrect and +incomplete outcomes. +Right to prevent processing of personal data for direct marketing +63. (1) A data controller shall not provide, use, obtain, procure or provide +personal data related to a data subject for the purposes of direct marketing +without the prior written , free , explicit and informed consent of the data +subject , and proof of consent shall be maintained for audit purposes. +(2) Where prior written, free, explicit and informed consent of the data +subject , adata subject is entitled at any time by notice in writing to a data +controller to require the data controller not to process personal data of that +data subject for the purposes of direct marketing. +DATA PROTECTION BILL , 2025 +(3) Without prejudice to subsection (1) and (2), unidentifiable data or +information of a person may be used direct marketing. +(4) Where the Authority is satisfied on a complaint by a person who has +given notice in subsection (1), that the data controller has failed to comply +with the notice, the Authority may order that data controller to comply with +the notice. +(5) No data controller shall transmit marketing via telecommunication +networks without the prior written, free, explicit and informed consent of the +data subject. +Right to control processing of personal data for election campaign +64. (1) A data controller shall provide an opportunity for a person to opt - +out of processing of their personal data for purposes of election campaign in +national, district, organisational, institutional or student election , and p roof +of opt-out shall be maintained for audit purposes. +(2) A data subject is entitled at any time by notice in writing to a data +controller to require the data controller not to process personal data the +purposes of election campaigning. +(3) Where the Authority is satisfied on a complaint by a person who +has giv en notice in subsection (1), that the data controller has failed to comply +with the notice, the Authority may order that data controller to comply with +the notice. +Rights in relation to automated decision -taking +65. (1) An individual is entitled at any time by notice in writing to a data +controller to require the data controller to ensure that any decision taken by or +on behalf of the data controller which significantly affects that individual is not +based solely on t he processing by automat ed means of personal data , in respect +of which that individual is the data subject. +(2) Automated processing shall include auto -filling user data into forms; +spam filtering in email systems; automatically generated invoice; auto -tagging +of photos; emerging technology systems ; automated chatbots; facial and +emotional recognition. +(3) To give effect to subsection (1) a data subject has the right not to be +subject to a decision based solely on automated processing, including profiling, +which affects the data subject. +(4) Despite the absence of a notice, where a decision which +DATA PROTECTION BILL , 2025 +signifi cantly affects an individual is based solely on that processing +(a) the data controller shall as soon as reasonably practicable +notify the individual that the decision was taken on that +basis, and +(b) the individual is entitled, by notice in writing to require +the data controller to reconsider the decision within +twenty -one days after receipt of the notification from the +data controller. +(4) The data controller shall within twenty -one days after receipt of +the notice, inform the individual in writing of the steps t hat the data +controller intends to take to comply with the notice. +(5) This section does not apply to a decision made +(a) in the course of considering whether to enter into a +contract with the data subject, +(b) with a view to entering into the contract, +(c) in the course of the performance of the contract, +(d) for a purpose authorised or required by or under an +enactment, or +(e) in other circumstances prescribed by the Minister. +(6) Where the Authority is satisfied on a complaint by a data subject +that a person taking a decision ha s failed to comply, the Authority may +order the data controller to comply. +(7) An order for compliance under subsection (5) shall not affect the +rights of a person other than the data subject or the data controller. +Rights in relation to manual data +66. (1) A data subject is entitled at any time by notice in writing to +require a data controller +(a) to rectify, block, erase or destroy manual data which is inaccurate +or incomplete, or +(b) to cease to hold manual data in a manner which is incompatible +with the legitimate purposes pursued by the data controller. +(2) A notice under subsection (1) shall state the reasons for believing +that the data +(a) is inaccurate or incomplete, or +(b) is held in a way incompatible with the le gitimate purposes +pursued by that data controller. +DATA PROTECTION BILL , 2025 +(3) Where the Authority is satisfied on a complaint by a person who +has given notice that the data controller has failed to comply with the notice, +the Authority shall give appropriate direction to the data co ntroller to comply +with the notice. +(4) For the purposes of this section, personal data is incomplete if the +data is of the kind that its incomplete ness would constitute a contra vention +of data protection principles provided in this Act . +Processing of Special Personal Data +Processing of special personal data prohibited +67. (1) Unless otherwis e provided by this Act, a data controller shall not +process personal data which relates to +(a) a child in accordance with the Constitution , or +(b) the religious or philosophical beliefs, ethnic origin, race, trade +union membership, political opinions, health, sexual life or +criminal behavior of an individual. +(2) A data controller may process special personal data in accor dance +with this Act where +(a) processing is necessary, or +(b) the d ata subject explicitly consents to the processing. +(3) The processing of special personal data is necessary +where it is for the exercise or performance of a right or an obligation +conferred or imposed by law on an employer. +(4) Special personal data shall not be p rocessed unless +the processing is necessary for the protection of the vital interests of +the data subject where +(a) it is impossible for consent to be given by or on behalf of the data +subject, +(b) the data controller cannot reasonably be expected to obtain the +consent of the data subject +(5) Special personal data shall not be processed unless the process ing +is carried out for the protection of the legitimate activities of a +body or association which +(a) is established for non -profit purposes, +(b) exists for political, philosophical, religious or trade union +purposes; +DATA PROTECTION BILL , 2025 +(c) relates to individuals who are members of the body or +association or have regular co ntact with the body or +associa tion in connection with its purposes, and +(d) does not involve disclosure of the personal data to a third +party without the consent of the data subject. +(6) The processing of special personal data shall be presumed to be +necessary where it is required +(a) for the purpose of or in connection with a legal +proceeding, +(b) to obtain legal advic e, +(c) for the establishment, exercise or defence of legal rights, +(d) in the course of the administration of justice, or +(e) for medical purposes and the processing is +(i) undertaken by a health professional, and +(ii) pursuant to a duty of confidentiality between patient +and health professional . +(7) In this section, “medical purposes” includes the purposes of +preventive medicine, medical diagnosis, medical research, +provision of care and treatment and the management of +healthcare services by a medical or dental practitioner or a l egally +recognised traditional healer. +(8) A person shall not process special personal data in respect of race +or ethnic origin unless the processing of the special personal data +is +(a) necessary for the identification and elimination of discriminatory +practices, and +(b) carried out with appropriate safeguards for the rights and +freedoms of the data subject. +(9) The collection of biometric data for subscriber registration shall +require explicit consent and must be in accordance with the princi ples +outlined in this Act. +(10) The Minister may in consultation with the Authority by legislative +instrument prescribe further conditions which may be taken by a data +controller for the maintenance of appropriate safeguards for the rights and +freedoms of a data subject related to processing of special personal data. +DATA PROTECTION BILL , 2025 +Consent for the processing of personal data of a child +68. (1) A data controller shall obtain the consent of a parent or legal guardian +before processing the personal data of a child for any purpose, unless such +processing is permitted or required by law. +(2) The consent obtained shall be cl ear, explicit, specific, informed, and +freely given, and shall be obtained in a manner that is appropriate to the age +and maturity of the child. +(3) A data controller shall make reasonable efforts to verify that consent +has been given by a parent or legal guardian before processing personal data +of a child, considering appropriate technology and best practices. +(4) Parents or lega l guardians shall have the right to withdraw consent +for the processing of their child's personal data at any time. +(5) A data controller shall provide parents or legal guardians with easy +and accessible means to withdraw consent and shall immedia tely cease +processing the child's data upon receipt of a withdrawal request. +(6) Where a child provides personal data directly to a n application or +platform, the data controller shall implement age verification mechanisms to +determine whether parenta l consent is necessary . +Demand for medical information or health records +69. (1) Except provided by law, a data controller is not required to disclose +medical data or health records to third parties. +(2) A contract that demands the disclosure of medical data without free, +explicit and informed consent of the data subject shall be unenforceable. +(3) Subject to subsection ( 4) and (5) , a data subject shall not be required +to provide medical data or health records to any person which +(a) consist of information related to the physical, mental health or +mental condition of that data subject , or +(b) has been made by or on behalf of a health professional in +connection with the care of that data subject . +(4) In accordance with the Public Health Act, 2012 (Act 851), medical +data shall be processed without consent of the data subject if it necessary for +contact tracing and outbreak control. +DATA PROTECTION BILL , 2025 +(5) A person other than healthcare provider s and medical administrators, +shall not process information relating to medical data or health records unless +it is reasonably necessary for the: +(a) Certification as to medical fitness for work under law ; +(b) Performance of an employer’s r eporting obligations on persons +with disabilities under law ; +(c) Payment of compensation as required by law; and +(d) Enforcement of a court order . +Exemption related to religious or philosophical beliefs of data subject +70. (1) The prohibition on processing of personal data related to religious or +philosophical beliefs does not apply in specific circumstances where: +(a) processing is carried out by a spiritual or religious organization or +its branch concerning its members. +(b) processing is carried out by an institution founded on religious or +philosophical principles, provided it aligns with the institution’s +objectives and is necessary to achieve its aims. +(2) These exem ptions are not to be misused to obstruct essential data +processing. +Rectification, blocking, erasure and destruction of personal data +71. (1) Where the Authority is satisfied on a complaint of a data subject that +personal data on that data subject is inaccurate, the Authority may order the +data controller to +(a) rectify, +(b) block, +(c) erase, or +(d) destroy the data. +(2) Subsection (1) applies whether or not the data is an accurate +record of information received or obtained by the data controller from the +data subject or a third party. +(3) Where the data is an accurate record of the information, the +Authority may make an order requiring the data controller to supplement +the statement of the true facts which the Authority considers appropriate. +(4) Where the data complained of has been rectified, blocked +DATA PROTECTION BILL , 2025 +supplemented, erased or destroyed, the data controller is req uired to notify +third parties to whom the data has been previously disclosed of the +rectification, blocking, supplementation, erasure or destruction. +(5) To determine whether it is reasonably practicable to require the +notification, the Authority shall have re gard to the number of persons to be +notified. +Data Protection Register +Establishment of Data Protection Register +72. (1) There is established by this Act a register of data controllers to be +known as the Data Protection Register. +(2) The Authority shall keep and maintain the Register. +(3) A data controller shall register with the Authority . +Application for registration +73. (1) An application for registration as a data controller shall be made to +the Authority and the applicant shall furnish the following particulars: +(a) the business name and address of the applicant; +(b) the name and address of the company’s representative within +Ghana where the company is an external company; +(c) a description of the personal data to be processed and the +category of persons whose personal data are to be collected; +(d) an indication as to whether the applicant holds or is likely to +hold special personal data. +(e) a description of the purpose for which the personal data is being +or is to be proces sed; +(f) a description of a recipient to whom the applicant intends to +disclose the personal data. +(g) the name or description of the country to which the appli cant +may transfer the data; +(h) the class of persons or where practicable the names of persons +whose persona l data is held by the applicant. +(i) a general description of measures to be taken to secure the data; +and +(j) any other information that the Authority may require. +(2) An applicant who knowingly supplies false information in support +of an application for registration as a data controller and knowingly causes +DATA PROTECTION BILL , 2025 +fraud in relation to the application commits an offence and is liable on +summary conviction to a fine of not more tha n five thousand penalty units +or a term of imprisonment of not more than one year or to both. +(3) A data controller’s headquarters shal l be registered separately from +its branches, each maintaining independent compliance with the provisions +of this Act. +(4) A parent company and its subsidiary c ompanies shall each regi ster as +separate data controllers, ensuring distinct legal and operational +responsibilities under this Act. +Right to refuse registration +74. (1) The Authority shall not grant an application for registration under this +Act where +(a) the particulars provided for inclusion in an entry in the +Register are insufficient. +(b) the appropriate safeguards for the protection of the privacy of the +data subject have not been provided by the data controller; and +(c) in the opinion of the Authority , the person making the application for +registration does not merit the grant of the registration. +(2) Where the Authority refuses an application for registration as a +data controller, the Authority shall inform the applicant in writing within +twenty -one working days after submission of an application +(a) of its decision and the reasons for the refusal, and +(b) the applicant may apply for judicial review to the High Court +against the refusal. +(3) A refusal of an application for registration is not a bar to +reapplication. +Grant of certificate of registration +75. (1) The Authority shall +(a) register an applicant if the applicant has satisfied the conditions +required for registration +(b) provide the applicant with a certification of registration upon +approval of the application. +DATA PROTECTION BILL , 2025 +(2) The applicant shall pay a prescribed fee upon registration. +(3) The Authority shall issue a registration certificate within a period no +longer than seven working days after approval of application . +(4) Upon receipt of certificate, copies of the certificate shall be displayed at +all outlets of the data controller. +(5) A certificate of registration issued under this Act shall be valid for a +period of tw elve months . +Renewal of registration +76. (1) Registration shall be renewed every twelve months . +(2) A data controller whose registration certificate has expired shall cease +processing of personal data until after renewal of registration certificate . +(3) A data controller in the process of renewing their registration shall +have to produce a compliance report . +(4) A data controller who fails to renew their registration or delays the +renewal process for a period longer than three months shall be subject to an +administrati ve penalty of five thousand penalty units which will attract a five +percent monthly interest . +Removal from register +77. The Authority shall, at the request of the data controller to whom an entry +in the Register relates and after submission of necessary documentation , +remove the data controller’s name from the Register at any time. +Cancellation or suspension of registration +78. (1) The Authority has the power to cancel a registration for good cause. +(2) A registered data controller shall may have their registration cancelled +or suspended under the following circumstances: +(a) failure to adhere to prescribed standards for data processing and +security. +(b) supplying inaccurate details during registration or renewal +processes. +(c) handling personal information without the necessary legal basis +or consent. +DATA PROTECTION BILL , 2025 +(d) inadequate safeguards leading to unauthorized access, loss, or +exposure of personal data. +(e) neglecting to update or maintain registration information within +the mandated period. +Processing of personal data without registration prohibited +79. A data controller who has not been registered under this Act shall not +process personal data. +Access by the public +80. (1) The Authority shall provide facilities to make the information +contained in the Register available for inspection by members of the +public. +(2) The Authority shall supply a member of the public with a copy of +the particulars contained in an entry made in the Register on payment of +the prescribed fee. +Duty to notify changes +81. (1) A data controller shall notify the Authority of changes in the registered +particulars within ten working days. +(2) A data controller who contravenes subsection (1) shall be subject to an +administrative penalty of five thousand penalty units. +Failure to register +82. (1) A person who fails to register as a data controller but processes +personal data shall be subject to an administrative penalty of not less than +two thousand penalty units and more than a hundred thousand penalty units . +(2) A person who fails to register as a data controller within three months +after incorporation shall be subject to an administrative penalty of not l ess +than two thousand penalty units and not more than hundred thousand +penalty units. +Assessable processing +83. (1) The Minister may by Executive Instrument specify actions which +constitute assessable processing if the Minister considers the assessable +processing likely to +DATA PROTECTION BILL , 2025 +(a) cause substantial damage or substantial distress to a data subject, or +(b) otherwise significantly prejudice the privacy rights of a data subject; +(2) On receipt of an application for registration, the Authority shall +consider +(a) whether the processing to which the notification relates is +assessable, or +(b) if the assessable processing comp lies with the provisions of this +Act. +(3) The Authority shall within twenty -eight days from the day of +receipt of the application, inform the data controller whether the processing +is likely to comply with the provisions of this Act. +(4) The Authority may extend t he initial period by a further period +which does not exceed fourteen days or other period that the Authority may +specify. +(5) The assessable processing in respect of which a notification has +been given to the Authority shall not be carried on unless +(a) the period of twenty -eight days has elapsed, or +(b) before the end of that period, the data controller receives a notice +from the Authority under subsection (3). +(6) A data controller who contravenes this section commits an of - +fence and is liable on summary conviction to a fine of not more than one +hundred and fifty thousand penalty units or to a term of imprisonment of not +more than five years or to both. +Appointmen t of data protection officers +84. (1) A data controller shall appoin t a certified and qualified person +to serve as a data protection officer . +(2) A person appointed as a data pro tection officer shall be +trained and certified by the Authority . +(3) The data protection officer is responsible for +(a) Monitoring the data controller’s compliance with the provisions +of this Act. +(b) Updating the data controller or processor on regulatory changes +and updates. +(c) Advising the data controller or processor on their obligations +under the A ct. +DATA PROTECTION BILL , 2025 +(d) Acting as the primary liaison between the data controller or +processor and the Authority . +(4) An authorisation under this section may +(a) impose a duty on a data protection officer in relation to the +Authority , and +(b) confer a function on the Authority in relation to a data protection +officer . +(5) A data protection officer may be an employee of the data controller. +(6) The Authority shall provide the needed guidelines for the +qualification to be appointed as a data protection officer . +(7) A person shall not be appointed as a data protection officer unless +the person satisfies the criteria set by the Authority . +(8) A data controller who fails to appoint a data protection officer shall +be subject to an administrative penalty of not less than two thousand penalty +units and not more than fifty thousand penalty units. +Fees +85. The Authority, in consultation with the Minister shall prescribe fee s for the +purpose of its functions . +Accreditation of data protection service providers +Accreditation of data protection service providers +86. (1) An individual or institution shall not provide a data protection service +within the country unless that person obtains a licence issued by the Authority +in accordance with this Act. +(2) A person who contravenes (1) by providing data prot ection services +without a licenc e issued by the Authority shall be subject to an administrative +penalty of not more than fifty thousand penalty units . +Application for accreditation +87. (1) A person who seeks to provide a data protection service shall apply in +writing to the Authority . +(2) The application shall be made in the prescribed form and accompanied +by the: +(a) supporting documentation, and +DATA PROTECTION BILL , 2025 +(b) prescribed fee, that the Authority shall determine. +(3) An individual seeking accreditation as a data protection service provider +shall be required to undergo training and obtain certification from the +Authority as a certified data protection professional, or possess an equivalent +certification recogni sed by the Authority . +(4) The Authority shall issue further guidelines in support of the application +process. +Grant of accreditation +88. (1) Where the Authority is satisfied that +(a) the applicant meets the requirements of the Authority for the grant +of a licence, +the Authority may grant the licence to the applicant , +(2) Upon receiving an application for a licen ce, the Authority shall provide +written notification of its decision to the applicant within thirty working days. +(3) An accreditation granted by the Authority is subject to the terms and +conditions specified by the Authority . +(4) +(5) An accredited institution who uses a licence for a purpose other than +that for which the licence was granted shall have the licence revoked. +Non transferability of accreditation +89. (1) A person granted a n accreditation shall not transfer that licence to +another person. +(2) A person who transfers a licence contrary to subsection (1) commits an +offence and is liable on summary conviction to a fine of not less than five +thousand penalty units and not more than ten thousand +penalty units . +Validity of accreditation +90. (1) A licence granted under this Act is valid for tw elve months from the date +that the licence is granted. +(2) An accredited institution who intends to continue operations as a data +protection service provider shall, not later than one month before the +expiration of the licence, apply to the Authority in writing for a renewal of the +licence. +DATA PROTECTION BILL , 2025 +(3) A n accredited institution who intends to continue operations as a data +protection service provider and fails to begin the renewal process within the +timeline stipulated in (2) may be subject to an administrative penalty. +Suspension of accreditation +91. (1) The Authority may suspend a licence issued under this Act for a period +of not more than six months where the accredited institution fails to comply +with a condition specified in the licence. +(2) The Authority shall, before exercising the power of suspension under +this section, +(a) give the accredited institution thirty days' notice in writing of the +intention to do so, and +(b) specify in the notice the grounds on which the Authority intends to +suspend the licence. +(3) The Authority shall, within twenty -eight days of the suspension of a +licence, notify the data protection service provider concerned of the +suspension. +Revocation of accreditation +92. (1) The Authority may revoke a licen ce issued under this Act if the +Authority considers that +(a) the licence has been obtained by fraud or misrepresentation. +(b) the licensee has ceased to carry on the business for which the licensee +is licensed. +(c) the licensee has been convicted of an offence under this Act or an +offence involving fraud, dishonesty or moral turpitude. +(d) a circumstance existed at the time the license was granted or renewed +that the Authority was unaware of, which would have prevented the Authority +from granting or renewing the licence of the licensee if the Authority had been +aware of the circumstance at that time. +(e) the licensee no longer meets the requirements for holding the licence; +or +DATA PROTECTION BILL , 2025 +(f) it is not in the public interest for the licensee to continue to carry on the +business of a licensee. +Direct Sanctioning Powers of the Authority +Sanctions and penalties +93. (1) Administrative penalties imposed under this section shall be paid within +twenty -one working days of issuance of the penalty notice. +(2) Any individual or entity subject to an administrative penalty under this +section may appeal against the decision to impose the penalty through the +established review mechanism outlined in Section 89. +General penalty +94. A person who contravenes a section of this Act for which a penalty is not +provided shall be subject to an administrative penalty of not less than fi fty +thousand penalty units and not more than hundred thousand penalty units. +Review mechanism +95.(1) In the event that a data controller is dissatisfied with a determination +made by the Authority pursuant to this Act, the data controller shall have the +right to request a review of the said determination. +(2) The data controller shall submit a written request for review to the +Authority within seven working days from the date of receiving the +determination. +(3) The request for review shall clearly outline the grounds for the request +and any supporting evidence. +(4) Upon receipt of the request for review , the Authority shall promptly +acknowledge the request and provide the data controller with information +regarding the process. +(5) The Authority shall review the determination and make a decision +within thirty working days , which shall be communicated to the data +controller. +(6) If the data controller is dissatisfied with the decision on the review, +they may seek further redress on appeal through judicial review or other legal +remedies available in the High Court . +DATA PROTECTION BILL , 2025 +Cross -Border Transfers of Personal Data +Basis for cross border transfer of personal data +96. (1) Notwithstanding the opportunity to under a cross -border transfer +personal data under subsection (3), a data controller shall make reasonable +efforts to localise data provided that data localisation does not impair its +business or operations. +(2) There shall be no requirement for a data controller to localise personal +data unless: +(a) the personal data is critical to national defence, security and +intelligence of the country; or +(b) the personal data concern national identity ID systems and civil +registration systems including voter databases +(c) the personal data concerns children’s data, biometric data, health +records and genetic data . +(3) Subject to subsection (2), the Authority may grant approval to a data +controller for the cross -border transfer children’s data, biometric data, health +records and genetic data with the consent of the data subject or any other +person under an obligation in law to make decisions for the data subject for +the time -being. +(4) A data controlle r shall transfer personal data outside Ghana only if the +following conditions are met: +(a) the data subject has provided written, free, explicit and informed +consent to the proposed transfer after being informed of the possible risks +involved ;and +(b) (i) the transfer is necessary for the performance of a contract , for +administrative, educational, financial, medical or professional reasons, +between the data subject and the data controller or for the implementation of +pre-contractual measures taken at the da ta subject's request ; or +(ii) the transfer is necessary for the conclusion or performance of a +contract concluded , or for administrative, educational, financial, medical or +DATA PROTECTION BILL , 2025 +professional reasons in the interest of the data subject between the dat a +controller and a third party ; or +(iii) or the transfer is necessary for the establishment, exercise, or defense +of legal claims; or +(iv) the transfer is necessary to protect s the vital interests of the data subject +or other individuals where the data subject is physically or legally incapable of +giving consent ; and +(c) the transfer is authorised by the Authority where it involves large -scale +data, and in all cases, following an assessment that adequate safeguards for the +protection of personal data are in place, including appropriate contractual +clauses and binding corporate rules or other mechanisms approved by the +Authority. +(3) In all cases, p ersonal data emanating from Ghana shall be processed in +accordance with the provisions of this Act. +Safeguards prior to transfer of personal data out of Ghana +97. (1) A data controller shall process special personal data out of Ghana upon +obtaining consent of all affected data subjects and upon obtaining approval +from the Authority . +(2) The Authority may request a person who transfers data to another country +to demonstrate the effectiveness of security safeguards and the existenc e of +compelling legitimate interests. +(3) The Authority may, in order to protect the rights and fundamental freedoms +of data subjects, prohibit, suspend or subject the transfer to such +conditions as may be determined by the Authority . +(4) A data controller that processes large -scale data where a data processing +activity is likely to pose real risk to the rights and freedoms of a data subject, +shall conduct a Transfer Impact Assessment on all data transfers in or outside +the jurisdiction subject to the approval of the Authority . +(5) The Authority shall provide relevant guidelines in support of subsection +(4). +Exemptions +DATA PROTECTION BILL , 2025 +National security +98. (1) The processing of personal data is exempt from the provisions of this +Act for the purposes of +(a) public order, +(b) public safety, +(c) public morality, +(d) national security, or +(e) public interest. +(2) Despite, subsection ( 1), nothing shall prevent a person from pursuing +an action in court whether by injunction or otherwise that their rights have +been unfairly prejudiced. +Crime and taxation +99. (1) The processing of personal data is exempt from the provisions of +this Act for the purposes of +(a) the prevention or detection of crime, +(b) the apprehension or prosecution of an offender, or +(c) the assessment or collection of a tax or duty or of an imposition +of a similar nature. +(2) Personal data is exempt from the non -disclosure provisions in any +case in which +(a) the disclosure is for a purpose mentioned in subsection (1), and +(b) the application of those provisions in relation to the d isclo sure is +likely to prejudice any of the matters mentioned in that +subsection. +Health, education and social work +100. Personal data on the following subjects shall not be disclosed except +where the disclosure is required by law: +(a) personal data which relates to the physical, mental health or +mental condition of the data subject, +(b) personal data in respect of which the data controller is an +educational institution and which relates to a pupil at the +institution, or +(c) personal data of similar description. +DATA PROTECTION BILL , 2025 +Regulatory activity +101. (1) The provisions of this Act do not apply to the processing of personal +data for protection of members of the public +(a) against loss or malpractice in the provision of +(i) banking, +(ii) insurance, +(iii) investment, +(iv) other financial services, or +(v) digital s ervices +(vi) management of a body corporate; +(b) against dishonesty or malpractice in the provision of professional +services; +(c) against the misconduct or mismanagement in the administration +of a non -profit making entity; +(d) to secure the health, safety and welfare of pe rsons at work; or +(e) to protect non -working persons against the risk to health or safety +arising out of or in connection with the action of persons at work. +(2) The processing of personal data is exempt from the subject +information provisions of this Act if it is for the discharge of a function +conferred by or under an enactment on +(a) Parliament, +(b) a local government authority, +(c) the administration of public health or public financing of health +care, prevention, control of disease and the monitoring and +eradication of disease. +Journalism, literature and art +102. (1) A person shall not process personal data unless +(a) the processing is undertaken by a person for the publication of +a literary or artistic material; +(b) the data controller reasonably believes that publication would +be in the public interest; and +(c) the data controller reasonably believes that, in all the +circumstances, compliance with the provision is incompatible +with the special purposes. +(2) Subsection (1) does not exempt a data controller from +compliance wit h the data principles related to +DATA PROTECTION BILL , 2025 +(a) lawful processing, +(b) minimality, +(c) further processing, +(d) data subject participation +(e) information quality, and +(f) security safeguards. +(3) For the purposes of subsection (1) (b), in considering whether +the data controller believes that the publication would be in the public +interest or is reasonable, regard may be had to the compliance by the data +controller with any code of practice which is +(a) relevant to the publication in question, and +(b) designated by the Minister for purposes of this sub section. +Research, history and statistics +103. (1) The further processing of personal data for research purposes in +compliance with the relevant conditions is not to be regarded as incompatible +with the purposes for which the data was obtained. +(2) Personal data processed for research purposes in compliance with +the relevant conditions may be kept indefinitely. +(3) Personal data which is processed only for research purposes is +exempt from the provisions of this Act if +(a) the data is processed in comp liance with the relevant condi tions, +and +(b) the results of the research or resulting statistics are not made +available in a form which identifies the data subject or any of +them. +(4) Personal data is not to be treated as processed otherwise than for +research purposes merely beca use the data is disclosed +(a) to any person for research purposes only, +(b) to the data subject or a person acting on behalf of the data subject, +(c) at the request or with the consent of the data subject or a person +acting on behalf of the data subject, or +(d) in circumstances in which the person making the disclosure has +reasonable grounds to believe that the disclosure falls within this +section. +DATA PROTECTION BILL , 2025 +Disclosure required by law or made in connection with a legal proceeding +104. Personal data is exempt from the provisions on non-disclosure where the +disclosure is required by or under an enactment, any rule of law or by the +order of a court. +Domestic purposes +105. Personal data which is processed by an individual only for the purpose of +that individual’s personal , family or household affairs is exempt from the data +protection principles. +Confidential references given by data controller +106. Personal data is exempt from the data protection principles if it consists +of a reference given in confidence by the data controller for the purposes of +(a) education, training or employment of the data +subject, +(b) the appointment to an office of the data subject, or +(c) the provision of any service by the data subject. +Armed Forces +107. Personal data is exempt from the subject information provisions where +the application of the provisions is likely to prejudice the combat effectiveness +of the Armed Forces of the Republic. +Judicial appointments and honours +108. Personal data processed t o: +(a) assess a person’s suitability for judicial office, or +(b) confer a national honour ,exempt from the subject +information provisions of this Act. +DATA PROTECTION BILL , 2025 +Public service or ministerial appointment +109. The Minister may by legislative instrument make Regulations to +prescribe exemptions from the subject information provisions of personal +data processed to assess a person’s suitability for +(a) employment by the government, or +(b) any office to which appointments are made by the President. +Examination marks +110. Personal data is exempt from the provisions of this Act if it relates to +examination marks processed by a data controller +(a) to determine the results of an academic, professional or other +examination or to enable the results of the examination to be +determined, or +(b) in cons equence of the determination of the results. +Examination scripts +111. Personal data which consists of information recorded by candidates +during an academic, professional or other examination is exempt from the +provisions of this Act. +Professional privilege +112. Personal data is exempt from the subject information provisions if it +consists of information in respect of which a claim to professional privilege +or confidentiality between client and a professional adviser could be +maintained in legal proceedings. +Miscellaneous and general provisions +General duties of the Authority +113. (1) The Authority shall provide g uidelines and promote the obser vance +of good practice to ensure compliance with this Act. +(2) The Authority may charge the fees that the Authority in +consultation with the Minister determines for the provision of services by the +Authority . +DATA PROTECTION BILL , 2025 +(3) The Authority is responsible for conducting public education and +awareness campaigns to the public on data subject rights and dat a controllers' +obligations under this Act. +Code s, guidelines and certification +114. (1) The Director -General may , for the purpose of this Act — +(a) issue guidelines or codes of practice for the data controllers, data +processors and data protection officers; +(b) offer data protection certification standards and data protection +seals and marks in order to encourage compliance of processing +operations with this Act; +(c) require certification or adherence to code of practice by a third +party; +(d) develop sector specific guidelines in c onsultation with relevant +stakeholders in areas such as health, financial services, +education, social protection and any other area the Director +General may determine. +International co -operation +115. In relation to internationa l organizations , the Authority shall take +appropriate steps to: +(a) develop international cooperation mechanisms to facilitate the +effective enforcement of legislation for the protection of personal +data; +(b) provide international mutual assistance in the enforcement of +legislation for the protection of personal data, including through +notification, complaint referral, investigative assistance and +information exchange, subject to appropriate safeguards for the +protection of personal data and other fundamental rights and +freedoms; +(c) engage relevant stakeholders in discussion and activities aimed at +furthering international cooperation in the enforcement of +legislation for the protection of personal data; +(d) promote the exchange and documentation of personal data +DATA PROTECTION BILL , 2025 +protection legislation and p ractice, including jurisdictional +conflicts with third countries. +Prohibition to purchase, obtain or disclose personal data +116. (1) A person shall not +(a) purchase the personal data or the information contained in the +personal data of another person; +(b) knowingly obtain or knowingly or recklessly disclose the +personal data or the information contained in the personal data +of another person; or +(c) disclose or cause to be disclosed to another person the +information contained in personal data. +(2) A person who contravenes subsection (1) commits an offence and +is liable on summary conviction to a fine of not more than twenty thousand +penalty units or to a term of imprisonment of not more than two years or to +both. +Prohibition of sale of personal data +117. (1) A person who sells or offers to sell personal data of another person +commits an offence and is liable on summary conviction to a fine of not more +than fifty thousand penalty units . +(2) For this section's purposes, an advertisement indicating that +personal data is or may be for sale is an offer to sell the data. +Conditional request for personal data prohibited +118. (1) A person who provides goods, facilities or services to the public +shall not require a person to supply or produce a particular record as a +condition for the provision of the goods, facilities or services to that person. +(2) Subsection (1) does not apply where the imposition of the +requirement is required or authorised under an enactment, rule of law or in +the public interest. +(3) A person who co ntravenes subsection (1) commits +an offence and is liable on summary conviction to a fine of not more +than fifty thousand penalty units . +DATA PROTECTION BILL , 2025 +Transmission of notices by electronic or other means +119. (1) A requirement that a notice, request, particulars or application +to which this Act applies shall be in writing is satisfied where the text of +the notice, request, particulars or application +(a) is transmitted by electronic means in a manner specified by the +Authority , +(b) is received in legible form, and +(c) is capable of being used for subsequent reference. +(2) The Minister may by Regulations exempt a notice, request, +particulars or application from these requirements. +Service of notices by the Authority +120. (1) A notice authorised or required by this Act to be served on or +given to a person by the Authority may +(a) if that person is an individual, be served on that individual by +delivery to that individual, +(i) by post addressed to that individual at that +Individual’s usual or last known place of residence or +business, +(ii) by leaving the notice at that individual’s usual or last +known place of residence or business, or +(iii) by sending it to an electronic mail address specified by +the individual for service of notices; +(b) if that person is a body corporate or unincorporated, be served on +that body +(i) by post to the principal officer of the body at its principal +office, +(ii) by addressing it to the principal officer of the body and +leaving it at that office, or +(iii) by sending it to an electronic mail address specified by +the body for service of notices under this Act; and +(c) if that person is a partnership, be served on that partnership +(i) by post to the principal office of the partnership, +(ii) by addressing it to that partnership and leaving it at +that office, or +DATA PROTECTION BILL , 2025 +(iii) by sending it to an electronic mail addres s specified by +that partnership for service of notices under this Act. +(2) This section does not limit any other lawful method of serving or +giving a notice. +Regulations +121. (1) The Minister may in consultation with the Authority by +legislative instrument make Regulations to +(a) extend the transitional period for a data controller in existence +at the commencement of this Act, +(b) specify the conditions that are to be satisfied for consent to be +given, +(c) prescribe further conditions which may be taken by a data +controller for the maintenance of appropriate safeguards, for the +rights and freedoms of a data subject related to the processing of +special personal data, +(d) make different provisions for different situations, +(e) exempt notices, requests, particulars or ap plications from the +requirements under the Act, and +(f) provide generally for any other matter necessary for the effective +implementation of the provisions of this Act. +(2) A person who commits an offence under the Regulations is liable on +summary conviction t o a fine of not more than five thousand penalty units. +Interpretation +122. In this Act unless the context otherwise requires +“assessable processing” means processing of a description specified in an +Executive Instrument made by the Minister under section 83(1); +“bias” means a distorted inclination or prejudice in support or against a thing, +perspective, idea, person or a group in an unfair way; +“biometric data” means personal data resulting from specific technical +processing relating to the physical, physiological or behavioral characteristics +of a person, which allows or confirms the unique identification of that person +and includes but not limited to; physical traits, fingerprints, facial images, iris +DATA PROTECTION BILL , 2025 +or retina scans, palm or hand geometry, and behavioral traits like voice +patterns ; +“binding corporate rules” means personal data protection laws, rules, +administrative decisions or judicial order or judgments, guid elines, regulations, +directives or policies which are adhered to by a data controller or data processor +established in another country for cross -border transfers of personal data ; +“business” includes trade , vocation, enterprise or profession; +"child" refers to an individual under the age of eighteen as defined by the +Constitution ; +“consent” means voluntary agreement given by individuals either in writing or +electronically, for the processing of their personal data, based on clear and +informed understa nding of the purposes and consequences; +“corporate finance service” means a service which consists of +(a) underwriting in respect of the issue or the placing of issues +of any instrument; +(b) advice to undertakings on capital structure, industrial +strategy and related matters and advice and service related +to mergers and the purchase of an undertaking, or +(c) services related to the underwriting referred to in paragraphs +(a) and (b); +"cross -border" refers to the transfer, processing, or sharing of personal data +beyond the jurisdiction in which it was originally collected ; +“data” means information which +(a) is processed by means of equipment operating automatically +in response to instructions given for that +purpose, +(b) is recorded with the intention that it should be processed by +means of such equipment, +(c) is recorded as part of a relevant filing system or with the +intention that it should form part of a relevant filing system, +or +DATA PROTECTION BILL , 2025 +(d) does not fall within paragraph (a),(b) or (c) but forms part of +an accessible record; +“data controller” means a person who either alone, jointly with other persons +determines the purposes for and the manner in which personal data is +processed or is to be processed; +"data protection impact assessment" +means an assessment of the impact of the envisaged processing operations on +the protection of personal data; +“data protection principles” means the principles set out in sections 37 to 44 +of this Act; +“data processor” means any person other than an employee of the data +controller who processes the data on behalf of the data controller; +“data protection functions” means functions that relate to the protection of +personal data in the course of data processing; +“data protection officer” means a professional appointed by a data controller +in acco rdance with section 84 to monitor the compliance by the data +controller in accordance with the provisions of the Act; +“data protection service provider” means an individual or an institution +accredited by the Authority to offer data protection services; +“data protection services ” mean s except for legal, compliance and policy +consultancy advice, a range of activities and solutions designed to provide +technical tools for personal data management . +“data protection system” means a multifaceted system of str ategies, policies, +laws, processes and technologies designed to protect and manage personal +data and to meet compliance requirements under the Act; +“data subject” means an individual who is the subject of personal data; +DATA PROTECTION BILL , 2025 +“direct marketing” includes the communication by whatever means of any +advertising or marketing material which is directed to particular +individuals; +“digital service” means services delivered electronically whether traditionally +or by internet with minimal phys ical interaction , and includes +(a) social media platforms; +(b) e-commerce platforms; +(c) video -on-demand or streaming platforms; +(d) messaging applications, +(e) fintech software platforms; +(f) online banking platforms; +“emerging technologies ” means new and evolving technological innovations, +including but not limited to artificial intelligence, blockchain, the Internet +of Things, and other cutting -edge digital technologies that may impact +data processing, protection, and securit y; +“emotional recognition” means a form of data processing detects the emotional +state of a data subject using common sources such as facial expressions, +voice patterns, text, psychological signals, body language or other +behavioural indicators; +“enactment” includes an enactment passed after the commencement of this +Act; +“entity” refers to an organi sation, company, or individual that is involved in +processing personal data. This includes data controllers and data +processors. +“examination” includes any process for dete rmining the knowledge, +intelligence, skill or ability of a candidate by reference to the candidate’s +performance in a test, work or other activity; +“exempt manual data” means information in respect of which a controller is +not required to register before manual processing or use; +DATA PROTECTION BILL , 2025 +“foreign data subject” means data subject information regulated by laws of a +foreign jurisdiction sent into Ghana from a foreign jurisdiction wholly for +processing purposes; +“good cause” means any failure to comply with or a vio lation of any of the +data protection principles, enforcement or other notices issued by the +Authority ; +“good practice” means the practice in the processing of personal data in a way +that the likelihood of causing substantial damage or distress is reduced; +“government department ” includes a Ministry, Department or Agency and a +body or authority exercising statutory functions on behalf of the State; +“harm” means injury whether physical, psychological or reputational, +financial or social which causes loss or suffering; +“health professional “ means a registered medical practitioner or a recognised +traditional healer or any person who is registered to provide health +services under any law for the time being in force; +“information notice” means notice given by the Authority pursuant to a +determination under section 28; +“instrument” means any instrument related to a publicly traded security; +“intelligence” or “counterintelligence” means processing of personal data for +purposes related to national security, defense, public safety, or the prevention, +detection, investigation, or prosecution of criminal offenses authorised by the +Republic’s security and intelligence agencies ; +“international business or economic transaction means any business where +the subject matter of the transaction is international or either of the +parties to the transaction have a foreign nationality or reside in different +countries or, in the case of companies, the place of their central +management and control is outside the co untry ; +DATA PROTECTION BILL , 2025 +“legitimate interest” mean s a genuine, necessary and justifiable reason for a +data controller to process personal data, not limited to commercial, +marketing or security or administrative purposes, that does not override +the data subject’s rights and freedoms or harm the data subject ; +“large -scale data” means vast amounts of personal data whether or not +retrieved from different geographical areas that require complex +processing, and includes personal data processed by video -on-demand +platforms or streaming services , messaging applications, social media +platforms and financial systems ; +“medical data ” means special personal data that identifies a natural person +and indicates either a diagnosis, test results, symptoms and complaints, +prescriptions, progress report, medical history, family medical history, +behavourial lifestyle, biometric data, medical i nformation related to +insurance claims, information relating to health care services or +information relating to overall physical, mental and emotional well - +being, including anatomical and physiological information. +“Minister” means the Minister responsib le for Communications; +“monitoring” means, the tracking of an individual or observation with data +processing techniques, whether or not to make decisions concerning him or +her; +"person " means any natural or legal person, including individuals, +corporations, and other entities recogni sed by law ; +“personal data” means any information relating to an identified or identifiable +natural person , and includes one o r combination of the following , whether +identified by manual or automated processing : +(a) direct identifiers including name ; email address ; phone number , +identification number ; registration number ; bank account ; bank or +smart card number ; photographic or video image of face ; +(b) indirect identifiers including location data ; age or age -range , +occupation ; job; profession; vocation; business; workplace; title; +DATA PROTECTION BILL , 2025 +education ; voice -recordings, postal code ; place of birth ; date of birth ; +marital status ; photographs or videos without facial detail but +identifications such as side views, clothing, marks and mannerism; +language preference ; profiles without facial detail but which could be +attributed to a natural person by the use of additional information; +(c) online identifiers including IP address ; cookies ; device ID ; login +credentials; user IDs; push notification tokens, browser history or +fingerprints; +(d) data which have undergone pseudonymisation, but which could be +attributed to a natural person by the use of additional information +considered to be information on an identifiable natural person ; and +(e) one or more factors specific to the physical, physiological, mental, +economic, cultural or social identity of that natural person . +“personal data management” means the practices and systems individuals use +to control their personal data, including how the data is processed i.e., +collected, stored, accessed, and shared . +“prescribed fee” means a fee set out in relation to any Regulations on fees made +pursuant to this Act; +“principal office” in relation to a registered company, means the registered +office or other address that the company may specify for the delivery of +correspondence; +“principal officer” in relation to a body , means the secretary or other executive +officer charged with the conduct of the general affairs of the body; +“privacy” means the right of individuals to control the access and use of their +personal information, ensuring confidentiality and security; +“processing” means an operation or activity or set of operations by electronic +or other means that concerns data or personal data and the +(a) collection, organi sation , adaptation or alteration of the +information or data, +(b) retrieval, consultation or use of the i nformation or data, +(c) disclosure of the information or data by transmission, +dissemination or other means available, or +(d) alignment, combination, blocking, erasure or destruction of +DATA PROTECTION BILL , 2025 +the information or data; +"profiling" means any form of automated processing of personal data +consisting of the use of personal data to evaluate certain personal aspects +relating to a natural person, in particular to analyse or predict aspects +concerning that natural person's race, sex, pregnancy, marital status, health +status, ethnic social origin, colour, age, disability, religion, conscience, belief, +language or birth; personal preferences, interests, behaviour, location or +movements; +“public funds” has the same meaning assigned to it in Article 175 of the 1992 +Consti tution; +"public interest" means any lawful and necessary data processing activity +that supports the collective good of society such as protecting national +security, promoting public health, or ensuring justice —while still +respecting the f undamental rights of data subjects; +“public register” means a register which pursuant to a requirement imposed +(a) by or under an enactment, or +(b) in pursuance of any international agreement is open to +(i) inspection by the public, or +(ii) inspection by a person who has a legitimate interest; +“publish” in relation to journalistic, literary or artistic material means to +make available to the public or any class of the public, journalistic, literary or +artistic material; +“pupil” in relation to a school in this country means a registered person within +the meaning of the Pre-Tertiary Education Act, 2020 (Act 1049) of any +registered school; +“recipient” means a person to whom data is disclosed including an employee +or agent o f the data controller or the data processor to whom data is disclosed +in the course of processing the data for the data controller, but does not include +a person to whom disclosure is made with respect to a particular inquiry +pursuant to an enactment; +DATA PROTECTION BILL , 2025 +“registered company” means a company registered under any enactment +related to an incorporated or unincorporated entity for the time being in force +in the country; +“Regulations” means Regulations made under this Act; “relevant authority” +means +(a) a government department, +(b) local authority, or +(c) any other statutory authority; +“relevant filing system” means any set of data that relates to an individual +which although not processed by means of equipment operating automatically +in response to instructions given for pr ocessing that data, the set is structured, +either by reference to an individual or by reference to a criteria that relates to +the individual in a manner that specific information which relates to a +particular individual is readily accessible; +“relevant fu nction” means +(a) a function conferred on a person by or under an enactment, +(b) a function of the government, a Minister of State or a government +department, or +(c) any other function which is of a public nature and is exercised in the +public interest; +“relevant record” means any record that relates to a conviction or caution held +by a law enforcement agency or security agency; +“research purposes” includes statistical or historical purposes; +“security agency” means an agency connected with national +security as determined by the National Security Council; +“special personal data” means personal data which consists of information that +relates to +(a) the race, colour, ethnic or tribal origin of the data subject; +(b) the political opinion of the data subject; +DATA PROTECTION BILL , 2025 +(c) the biometric data of the data subject; +(d) the religious beliefs or other beliefs of a similar nature, of the data +subject; +(e) the physical, medical, mental health or mental condition or DNA +of the data subject; +(f) the sexual orientation of the data subject; +(g) the Authority or alleged Authority of an offence by the individual; +or +(h) proceedings for an offence committed or alleged to have been +committed by the individual, the disposal +of such proceedings or the sentence of any court in the proceedings; +“special purposes” means any one or more of the following: +(a) the purpose of journalism, +(b) where the purpose is in the public interest, +(c) artistic purposes, and +(d) literary purposes; +“subject information provisions” means the provisions under this Act which +deal with the right of a data subject to access information from a data +controller; +“subsequent processing” means after the data has arrived in or passed through +the country, it is subjected to any operation or set of operations within the +country in a way that is described as “proces sing” under this Act; +“teacher” includes a head teacher and the principal of a school to whom +disclosure is or may be made as a result of, or with a view to, an inquiry by +or on behalf of that person made in the exercise of a power conferred by +law; +“the Act” refers to the Data Protection Act, 2012 (Act 843); +“the Authority ” refers to the Data Protection Authority of Ghana established +under section 3 of this Act ; +“the Constitution” refers to the 1992 Constitution of Ghana; +DATA PROTECTION BILL , 2025 +“the relevant conditions” in relation to the processing of personal data, means +the conditions +(a) that the data is not processed to support measures or +decisions with respect to particular individuals, and +(b) that the data is not processed in the way that substantial +damage or distress is c aused or is likely to be caused to the +data subject; and +“third party” in relation to personal data, means a person other than +(a) the data subject, +(b) the data controller, or +(c) any data processor or other person authorised to process +data for the data controller or processor. +Repeals and savings +123. The Data Protection Act, 2012 (Act 843) is hereby repealed. +Transitional Provisions +124. Any decision, authorisation, permit or certificate issued by the +predecessor of the Authority in respect of data protection shall remain valid +until it is revoked, cancelled, terminated by the Authority, or expires in +accordance with its terms. +Commencement +125. The Minister shall specify the date when this Act shall come into force by +publication in the Gazette. \ No newline at end of file diff --git a/assets/example_bills/data-protection-bill-2025/metadata.json b/assets/example_bills/data-protection-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..1577312455e79f6cbf132b938673e600a63969f7 --- /dev/null +++ b/assets/example_bills/data-protection-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:12:56.090692+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DATA-PROTECTION-BILL.pdf", + "document_hash": "3af9cf6163fa1a2b56ab784c8284d30aa12884b84503ff246915970692388f5b", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/analysis.json b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..6b6de0444f239746916cbbf18c3373b8735c1172 --- /dev/null +++ b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/analysis.json @@ -0,0 +1,82 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Digital Economy and Innovation Development Fund as a body corporate to finance digital infrastructure, innovation, and skills development.", + "Mandates contributions from telecom providers (3% of net revenue), electronic money issuers (1%), and government ICT revenues (1%).", + "Requires the Fund to prioritize projects in underserved areas, support startups, and deploy digital public services (e.g., e-health, e-education).", + "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.", + "Imposes transparency obligations, including public disclosure of fund allocations, audit reports, and performance metrics.", + "Provides for tax exemptions, investment guidelines, and internal/external audit mechanisms.", + "Repeals existing provisions of the Electronic Communications Act, 2008 related to the Ghana Investment Fund for Electronic Communications." + ], + "implementation": [ + { + "stakeholder": "Telecom providers and electronic money issuers", + "obligation": "Contribute mandatory quarterly payments (3% of net revenue for telecoms, 1% for electronic money issuers).", + "implementation_burden": "Administrative and compliance costs to track and remit contributions.", + "risk_or_note": "Smaller providers may face financial strain if contributions exceed their capacity." + }, + { + "stakeholder": "Board of Trustees members", + "obligation": "Act in good faith, disclose conflicts of interest, and adhere to fiduciary duties.", + "implementation_burden": "Potential legal liability for non-compliance with duties (e.g., penalties of 350\u2013650 penalty units).", + "risk_or_note": "Risk of political or industry influence in decision-making due to private-sector representation on the Board." + }, + { + "stakeholder": "Fund Administrator and staff", + "obligation": "Manage day-to-day operations, implement Board decisions, and ensure compliance with financial and audit requirements.", + "implementation_burden": "Need to coordinate with multiple stakeholders and maintain transparency in fund disbursements.", + "risk_or_note": "Potential delays in project approvals if internal processes are inefficient." + }, + { + "stakeholder": "Eligible beneficiaries (startups, NGOs, public institutions)", + "obligation": "Adhere to disbursement guidelines, report on project outcomes, and comply with performance metrics.", + "implementation_burden": "Administrative burden to track and report on fund usage and outcomes.", + "risk_or_note": "Risk of disqualification if projects fail to meet performance benchmarks." + } + ], + "critique": [ + { + "issue": "Board composition risks conflicts of interest", + "why_it_matters": "Private-sector representatives (e.g., telecom operators) have voting power on the Board, which could prioritize industry interests over public benefit.", + "recommendation": "Introduce stricter recusal rules for Board members with direct financial ties to projects under consideration." + }, + { + "issue": "Mandatory contributions may burden small telecom providers", + "why_it_matters": "The 3% revenue contribution requirement could disproportionately affect smaller operators, potentially stifling innovation or investment in rural connectivity.", + "recommendation": "Include a phased implementation or exemptions for micro-enterprises, with a review mechanism after 2 years." + }, + { + "issue": "Vague prioritization criteria for fund allocation", + "why_it_matters": "While the Act mandates prioritizing underserved areas, it lacks specific metrics or thresholds for determining eligibility, risking arbitrary decisions.", + "recommendation": "Develop a publicly accessible scoring system with clear criteria for project selection and prioritization." + }, + { + "issue": "Unclear alignment of tax exemptions with constitutional limits", + "why_it_matters": "The tax exemption clause references the Exemptions Act, 2022, but does not specify which taxes are waived, creating ambiguity.", + "recommendation": "Clarify the scope of tax exemptions in regulations to avoid legal challenges or compliance gaps." + } + ], + "swot": { + "strengths": [ + "Comprehensive funding mechanisms (mandatory contributions, government revenue shares, and investments) ensure long-term financial sustainability.", + "Focus on digital inclusion and rural connectivity aligns with national development goals and reduces regional disparities.", + "Transparency requirements (public reporting, audit mandates) enhance accountability and public trust." + ], + "weaknesses": [ + "Board composition may favor industry interests over equitable resource distribution.", + "Mandatory contributions could deter investment in underserved areas if perceived as a financial burden.", + "Lack of detailed implementation timelines for key processes (e.g., project approvals, audits)." + ], + "opportunities": [ + "Potential to catalyze private-sector investment in digital infrastructure through co-financing and public-private partnerships.", + "Creation of a skilled digital workforce through targeted training programs could boost innovation and entrepreneurship.", + "Enhanced digital public services (e-health, e-education) may improve public service delivery efficiency." + ], + "threats": [ + "Compliance costs for small telecom providers and startups may reduce their capacity to invest in innovation.", + "Risk of political interference in the Board's decision-making processes.", + "Legal challenges to the tax exemption clause if it conflicts with constitutional provisions." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/chunks.json b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..1abf60ab5f51584eb123df4a20cce319c0af4d46 --- /dev/null +++ b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/chunks.json @@ -0,0 +1,25 @@ +[ + "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", + "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", + "(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;", + "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,", + "(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", + "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", + "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", + "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;", + "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.", + "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", + "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.", + "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", + "(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", + "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.", + "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;", + "(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.", + "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", + "(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.", + "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;", + "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", + "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", + "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", + "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%" +] \ No newline at end of file diff --git a/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/document.txt b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..99bda341310b8e2846505bd683f63b93aac82e35 --- /dev/null +++ b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/document.txt @@ -0,0 +1,646 @@ +DRAFT 1 +1 +ARRANGEMENT OF SECTIONS +Section +Preliminary Provisions +1. Application of the Act +2. Object of the Act +Digital Economy and Innovation Development Fund +3. Establishment of the Fund +4. Object of the Fund +5. Functions of the Fund +Governance of the Fund +6. Governing body of the Fund +7. Functions of the Board +8. Tenure of office of members of the Board +9. Duties and liabilities of a member of the Board +10. Meetings of the Board +11. Disclosure of interest +12. Establishment of committees +13. Allowances +14. Policy directives +Administrative provisions +15. Administrator of the Fund +16. Deputy Administrator +17. Appointment of other staff of the Fund +18. Offices of the Fund +Financial Provisions +19. Sources of money for the Fund +20. Bank account of the Fund +21. Investment of Funds +22. Retention and roll -over of Funds +23. Tax exemption +24. Expenses of the Fund +DRAFT 1 +2 25. Accounts and audit +26. Annual report and other reports +27. Internal Audit Unit +Utilisation of the Fund +28. Use of moneys of the Fund +29. Disbursement p rinciples +30. Project p rioritisation +31. Guidelines for d isbursement +32. Eligible b eneficiaries +33. Funding modalities +34. Disbursement oversight +35. Public disclosure and transparency +36. Performance -based funding and monitoring +Rural Telecommunications and Sector Coordination +37. Access to frequency spectrum +38. Tariff recommendations for rural services +39. Monit oring and evaluation of subsidis ed projects +Miscellaneous Provisions +40. Regulations +41. Guidelines +42. Interpretation +43. Repeal and savings +44. Transitional provisions +SCHEDULES +FIRST SCHEDULE +Sector contributions +SECOND SCHEDULE +Official Oaths +DRAFT 1 +3 +A +BILL +ENTITLED +DIGITAL ECONOMY AND INNOVATION DEVELOPMENT FUND ACT, 2025 +An Act to establish the Digital Economy and Innovation Development Fund to provide +financial and technical support for digital infrastructure, innovation, skills development, +entrepreneurship, and inclusive access to digital services; to ensure sustainable, +transparent, and accountable use of resources; and to provide for related matters. +PASSED By Parliament and assented to by the President +Preliminary Provisions +Application of the Act +1. This Act applies to a public, private or non -profit entity that +(a) contribute s to the Fund ; +(b) seeks to access the Fund ; or +(c) partner s with the Fund . +Object of the Act +2. The object of this Act is to provide a sustainable and transparent mechanism to +mobilise and allocate financial and other resources to accelerate digital inclusion and +innovation in the underserved and unserved areas. +DRAFT 1 +4 Digital Economy and Innovation Development Fund +Establishment of the Fund +3. (1) There is established by this Act the Digital Economy and Innovation +Development Fund as a body corporate . +(2) The Fund may for the performance of the functions of the Fund acquire and hold +property, dispose of property and enter into a contract or any other related transaction . +(3) Where there is hindrance to the acquisition of land, the land may be acquired for +the Fund under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Fund. +Object of the Fund +4. The object of the Fund is to provide financial and non -financial support to facilitate and +accelerate +(a) universal access to digital infrastructure and services in underserved and +unserved areas to close coverage, upgrade, and usage gaps in broadband and +digital service deliv ery across the country ; +(b) the growth of the digital economy of the Country through support for innovation, +entrepreneurship, and technology development; +(c) the development of a digitally skilled and inclusive workforce ; and +(d) the deployment of digital solutions that enhance governance, service delivery, +productivity, and job creation. +Functions of the Fund +5. To achieve the object of the Fund , the Fund shall +(a) mobilise financial and non -financial resources from public, private and donor +sources; +(b) provide resources, grants, subsidies, co -financing or other support to eligible +digital economy and innovation projects; +(c) promote investments in broadband and connectivity infrastructure in underserved +and unserved areas; +(d) support digital entrepreneurship, start -ups, innovation hubs and FinTech +initiatives; +(e) finance programmes for digital skills development including youth, women and +vulnerable groups; +DRAFT 1 +5 (f) fund the development and uptake of digital public infrastructure and servi ces +including e -health, e -education, e -agriculture and e -government platforms; +(g) collaborate with development partners, private sector actors, academic +institutions and civil society organisations; +(h) establish frameworks for monitoring, evaluating and reportin g on the use and +impact of the resources of the Fund ; and +(i) perform any other function ancillary to the achievement of the object of the Fund. +Governance of the Fund +Governing body of the Fund +6. (1) The governing body of the Fund is a Board of Trustees consisting of +(a) the Minister or a representative of the Minister as chairperson ; +(b) the Administrator of the Fund; +(c) a representative each of +(i) the National Communications Authority, not below the rank of a +Director , nominated by………………… …….. . ; +(ii) the Ministry , not below the rank of a Director , nominated +by…… ............….. ; +(iii) the Ghana Chamber of Telecommunications , nominated +by…………………….. ; +(iv) the Mobile Network Operators , nominated by……………………… ; +(d) a member of the Parliamentary Select Committee on Communications +nominated by that Committee ; and +(e) two other persons nominated by the President, one of whom is a woman. +(2) Members of the Board shall be appointed by the President in accordance with +article 70 of the Constitution. +(3) The chairperson and other members of the Board shall, before assuming office, +take and su bscribe to the Official Oaths specified in the First Schedule. +Functions of the Board +7. (1) The Board is responsible for the policy direction, strategic oversight, and +governance of the Fund. +(2)The Board shall , in the performance of this function, have regard to this Act +and any other relevant enactment. +DRAFT 1 +6 +Tenure of office of members of the Board +8. (1) A member of the Board, other than the Administrator , shall hold office for a +term of four years and is eligible for re -appointment for another term only. +(2) A member may resign from office by notice in writing addressed to the President +through the Minister. +(3) The President may, by a letter addressed to a member, revoke the appointment +of that member . +(4) A member of the Board, other than the Chief Executive Officer, who is absent +from three consecutive meetings of the Board without reasonable cause ceases to be a +member of the Board. +(5) Where a member of the Board is, for a sufficient reason, unable to act as a +member, the Minister shall determine whether the inability may result in the declaration of +a vacancy. +(6) Where there is a vacancy +(a) under subsection (2) or (3) or subsection (2) of section 11, +(b) as a result of a declaration under subsection (5 ), or +(c) by reason of the death of a member, +the Minister shall notify the President of the vacancy and the President shall, in +accordance with this Act, appoint another person to fill the vacancy for the unexpired +term. +Duties and liabilities of a member of the Board +9. (1) A member of the Board has the same fiduciary relationship with the Fund and +the sa me duty to act in good faith as a director of a company incorporated under the +Companies Act, 2019 (Act 992). +(2) Without limiting subsection (1), a member of the Board has a duty +(a) to act honestly in the performance of the functions of that member; +(b) to exerc ise the degree of care and diligence in the performance of the +functions of that member that a reasonable person in that position would +reasonably be expected to exercise in the circumstances; +(c) not to use information acquired by virtue of the position of th at member as a +member of the Board without authorisation; and +(d) not to make improper use of the position of the member so as to gain +directly or indirectly, a benefit for the member or for any other person or +cause loss to the Fund. +DRAFT 1 +7 (3) A member of the Board who contravenes subsection (1) or (2) commits an +offence and is liable on summary conviction to a fine of not less than three hundred and +fifty penalty units and not more than six hundred and fifty penalty units. +Meetings of the Board +10. (1) The Board shall meet at least once every quarter for the conduct of business at a +time and place determined by the C hairperson . +(2)The Chairperson shall preside at meetings of the Board and in the absence of the +Chairperson, the members present shall elect one of their number to preside. +(3)The quorum for a meeting of the Board is five members, including at least one +representative each from the public and private sectors. +(4) Matters before the Board shall be decided by a majority of the members present +and voting and in the event of a tie, the Chairperson shall have a casting vote. +(5) The Board may co -opt any person to attend its meetings but such person shall +not have a right to vote. +(6) The Chairperson shall, upon receipt of a written request by not less than one - +third of the members of the Board, convene an extraordinary meeting of the Board at a time +and place determined by the Chairperson, but not later than fourteen days from the date of +the request. +(7) A vacancy in the membership of the Board or any defect in t he appointment or +qualification of a member does not invalidate proceedings of the Board. +(8) Subject to the provisions of this Act, the Board may determine the procedure for +its meetings and the regulation of its own affairs. +Disclosure of interest +11. (1) A member of the Board who has a n interest in a matter for consideration by the +Board shall +(a) disclose in writing the nature of that interest and the disclosure shall form +part of the re cord of the consideration of the matter; and +(b) not participate in any delib erations or decisions of the Board relating to that +matter. +(2) A member who contravenes subsection (1) cease s to be a member of the Board +from the date of the contravention. +DRAFT 1 +8 Committees of the Board +12. (1) The Board may establish committees consisting of members or non -members or +both to perform a function of the Board . +(2) A committee established under this section shall be chaired by a member of the +Board. +Allowances +13. A member of the Board or a member of a committee of the Board shall be paid +allowances approved by the Minister in consultation with the Minister responsible for +Finance. +Policy directives +14. The Minister may give written directives to the Board on matters of policy and the +Board shal l comply. +Administrative provisions +Administrator of the Fund +15. (1) The President shall , in accordance with article 195 of the Constitution , appoint +an Administrator for the Fund . +(2) The Administrator shall hold office on the terms and conditions specified in +the letter of appointment. +(3) The administrator +(a) is responsible for the day -to-day management of the Fund; +(b) is responsible for the implement ation of the decisions of the Board; and +(c) shall perform any other function determined by the Board. +Deputy Administrator +16. (1) The President shall , in accordance with article 195 of the Constitution appoint +a Deputy Administrator for the Fund. +(2) The Deputy Administrator shall hold office on the terms and conditions +specified in the letter of appointment. +(3) The Deputy Administrator shall +(a) assist the Administrator in the performance of the functions ; and +DRAFT 1 +9 (b) perform any other duty as may be assigned by the Administrator or the +Board. +Appointment of o ther s taff of the Fund +17. (1) The President shall, in accordance with article 195 of the Constitution, appoint +other staff of the Fund as may be necessary. +(2)The Board may engage the services of consultants or advisors with expertise in +matters relevant to the mandate of the Fund on terms approved by the Board. +Offices of the Fund +18. (1) The head office of the Fund shall be in Accra . +(2) The Fund may establish regional or district offices in other parts of the country +as the Board may determine. +Financial Provisions +Sources of money for the Fund +19. The sources of money for the Fund are +(a) moneys approved by Parliament; +(b) a mandatory quarterly contribution of three percent of net revenues from +electronic communications service providers and licensees specified in +Second schedule. +(c) one percent of net revenue from electronic money issuers ; +(d) one percent of the total revenue generated by the Government from the ICT +sector, including taxes, levies, regulatory fees, and statutory charges, as may +be prescribed by regulations; +(e) grants, donations and gifts; +(f) income generated from investments made by the Fund; and +(g) any other money that may become lawfully payable to the Fund. +Bank account of the Fund +20. The moneys of the Fund shall be paid into a bank account open ed for the Fund with +the approval of the Controller and Accountant -General. +DRAFT 1 +10 Investment of Funds +21. (1) The Board may invest part of the Fund that is not required for immediate use in +(a) government securities; +(b) instruments approved by the Bank of Ghana; or +(c) any other secure investment approved by the Board, in consultation with +the Minister responsible for Finance. +(2) Returns on investments shall accrue to the Fund. +Retention and roll-over of Funds +22. (1) Monies in the Fund not disbursed in a financial year shall not lapse but shall be +retained in the Fund for the same purpose in subsequent years. +(2) Any disbursement from the Fund shall be guided by an approved work plan +and financing strategy. +Tax Exemption +23. Subject to the Constitution and in accordance with the Exemptions Act, 2022 (Act +1083) the Fund is exempt from tax. +Expenses of the Fund +24. The expenses of the Fund including the salaries of employees of the Fund and other +administrative expenses related to the Fund shall be paid from moneys provided for the +Fund. +Accounts and audit +25. (1) The Board shall keep books, records, returns and other documents relevant to +the accounts in th e form approved by the Auditor -General. +(2) The Board shall submit the accou nts of the Fund to the Auditor -General for audit +at the end of the financial year. +(3) The Auditor -General shall, within six months after the end of the immediately +preceding financial year, audit the accounts of the Fund and submit a report to Parliament +and forward a copy of the audit report to the Minister and t he Board. +(4) The Auditor -General may, in addition to the annual audit under subsection (3), +conduct technical audits. +(5) The financial year of the Fund is the same as the financial year of Government. +DRAFT 1 +11 +Annual report and other reports +26. (1) The Board shall, within thirty days after the receipt of the audit report, submit +an annual report to the Minister covering the activities and operations of the Fund for the +year to which the annual report relates. +(2) The annual report shall in clude the report of the Auditor General. +(3) The Minister shall, within thirty days after the receipt of the annual report, +submit the report to Parliament with a statement that the Minister considers necessary. +(4) The Board shall submit to the Minister any oth er report which the Minister may +require in writing. +Internal Audit U nit +27. (1) The Fund shall have an Internal Audit Unit in accordance with section 83 of the +Public Financial Management Act, 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be +appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Fund. +(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), at intervals of three months +(a) prepare and submit to the Board, a report on the internal audit carried out +during the period of three months immediately prece ding the preparation of +the report; and +(b) make recommendations in each report with respect to matters which appear +to the Internal Auditor as necessary for the conduct of the affairs of the Fund. +(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under +this section to the Administrator and the chairperson of the Board. +Utilisation of the Fund +Use of moneys of the Fund +28. Moneys from the Fund shall be applied to +(a) finance digital connectivity and infrastructure projects in underserved or +unserved areas; +DRAFT 1 +12 (b) support innovation hubs, start -ups and digital entrepreneurs through grants, +co-investment or matching funds; +(c) implement programmes that promote digital literacy, inclusion and skills +development; +(d) support development and deployment of digital public infrastructure and +services; +(e) co-finance public -private partnership projects in the digital economy sector; +(f) provide operational and techni cal support to beneficiaries of the Fund; and +(g) cover administrative expenses incurred by the Fund in the performan ce of +the functions of the Fund subject to ceilings approved by the Board. +Disbursement principles +29. (1) The disbursement of money from the Fund shall be guided by the following +principles : +(a) alignment with the objects and functions of the Fund under this Act; +(b) fairness, transparency and accountability in the selection of beneficiaries; +(c) prioritisation of initiatives that address access, coverage, usage, digital +literacy and innovation gaps; +(d) support for underserved and unserved communities, youth, women and +vulnerable groups; +(e) promotion of public -private and community -based partnerships; +(f) performance -based and results -oriented funding models; and +(g) compliance with any guidelines issued by the Board. +(2) Disbursements may include non -commercial competitive grants to support start - +up digital infrastructure and services in underserved and unserv ed areas, consistent with +the development mandate of the Fund . +Project prioritisation +30. (1) The Board shall establish a project prioritisation framework to guide +disbursements from the Fund in accordance with national policy. +(2) In determining the order of priority, the Board shall give preference to +(a) a projec t that provide s basic digital connectivity in underserved areas; +(b) a project that establish es access to internet infrastr ucture, digital public +services or innovation facilities; and +(c) any other project or programme designated as a national priority by the +Minister. +DRAFT 1 +13 (3) The prioritisation framework shall be subject to periodic review by the Board +and published on the website of the Fund . +Guidelines for disbursement +31. (1) The Board shall issue guidelines for +(a) eligibility criteria for access to the Fund; +(b) types of support available, including grants, subsidies, co -financing and +technical assistance; +(c) disbursement procedures and timelines; +(d) monitoring and evaluation of funded projects; and +(e) any other matter necessary to give effect to the efficient disbursement and +use of the Fund. +(2) The guidelines shall be developed through a consultative process involving +relevant stakeholders. +(3) The Board shall publish the guidelines on the website of the Fund and ensure +that the guidelines are accessible to the public. +(4) The guidelines shall include the following +(a) procedures for open and competitive tendering for public connectivity and +infrastructure projects; +(b) procedures for direct disbursement for community -scale or innovation - +related initiatives below a monetary threshold to be specified by the Board; +(c) procedures for challenge funds or performance -based calls for proposals for +innovation support programmes ; and +(d) any other procedures for disbursement that the Board may approve . +(5) Where disbursement involves co -financing or contributions from donors or +development partners, the Fund may adopt alternative procedures agreed with such +partners, provided those procedures are consistent with the object and priorities of the +Fund. +Eligible beneficiaries +32. Eligible beneficiaries of the Fund include; +(a) licensed telecommunications providers, internet service providers, FinTech, +mobile money providers and electronic communications service providers +that undertak e projects in underserved areas; +DRAFT 1 +14 (b) registered digital start -ups, innovation hubs and accelerators; +(c) institutions that offer digital skills and inclusion programmes; +(d) public sector bodies that implement digital public infrastructure or +platforms; +(e) universities, research institutions, and TVET providers with approved +digital innovation programmes; +(f) community organisations and cooperatives engaged in grassroots digital +initiatives; and +(g) any other entity approved by the Board in line with the objects of the Fund. +Funding modalities +33. (1) The Fund may support projects through +(a) outright grants; +(b) co-investment with private or development partners; +(c) results -based financing tied to defined performance indicators; or +(d) demand -side subsidies or digital vouchers for devices, services or skills +development. +(2) The choice of modality shall be based on th e nature, impact and sustainability +of the proposed intervention. +Disbursement oversight +34. (1) The Board shall establish an internal Disbursement and Project Evaluation +Committee which is responsible for +(a) assessing funding applications; +(b) verifying compliance with technical and financial due diligence; and +(c) recommending di sbursement decisions to the Board. +(2) The Board shall ensure that all funded projects are subject to periodic monitoring +and post -project evaluation. +Public disclosure and transparency +35. (1) The Fund shall establish a publicly accessible digital reporting platform for the +publication of +(a) approved funding allocations and beneficiary names; +DRAFT 1 +15 (b) the implementation status of funded projects; +(c) quarterly summaries of income and expenditure; and +(d) audit find ings and recommendations. +(2) The Board shall update the digital reporting platform at least once every quarter. +(3)The Board shall develop data privacy and information security protocols to +ensure responsible disclosure in line with applicable laws. +Performance -based funding and monitoring +36. (1) Disbursement of funds to beneficiaries shall be based on performance indicators +specified in funding agreements. +(2)The Fund shall apply monitoring and evaluation mechanisms to track and +assess the outcomes of all supported interventions. +(3)The Board shall publish an Annual Digital Impact Dashboard , summari sing +(a) the number and type of beneficiaries reached, +(b) the key metrics on digital inclusion, innovation, and entrepreneurship, +(c) gender and geographic equity, and +(d) recommendations for continuous improvement. +(4) The Fund shall be evaluated based on measurable performance indicators, +including the +(a) number of districts with access to basic digital connectivity; +(b) number of districts with establis hed internet points -of-presence ; +(c) number of accredited digital skills institutions supported by the Fund; +(d) number of individuals trained through Fund -supported digital skills +programmes; +(e) volume and quality of ICT content creation and awareness campaigns +implemented; +(f) financial sust ainability and efficiency of Fund -supported initiatives; and +(g) socio -economic impact of projects on beneficiary communities. +DRAFT 1 +16 Rural Telecommunications and Sector Coordination +Access to frequency spectrum +37. (1) The Fund shall collaborate with the National Communications Authority to +promote access to radio frequency spectrum for rural connectivity initiatives in a manner +that preserves the freedom of choice of technology for operators . +(2)The Board may recommend to the National Communications Authority the +partial waiver or reduction of spectrum fees for operators that undertak e projects in +underserved or high -cost rural areas. +(3) The Fund shall encourage the use of cost -effective, state -of-the-art or scalable +solutions that promote sustainability and coverage. +Tariff recommendations for rural services +38. (1) The Board may make recommendations to the National Communications +Authority on tariff frameworks or interconnection policies that support equitable pricing +for rural communications services. +(2) In promoting universal access, the Board may engage the National +Communications Authority to consider tariff rebalancing or special interconnection +agreements that facilitate affordable access in rural areas. +(3) The Board shall advocate that the special interconnection agreements do not +result in higher call or data charges for end -users in rural communities. +Monitoring and evaluation of subsidi sed projects +39. (1) A project supported by the Fund shall be subject to independent monitoring and +evaluation to ensure alignment with universal access and digital inclusion targets. +(2) A subsidi sed project shall be subject to reporting requirements including +financial accountability, performance indicators and beneficiary ou tcomes as determined +by the Board. +(3) The Fund may publish periodic reports on the status and impact of subsidi sed +initiatives to inform stakeholders and the public. +DRAFT 1 +17 Miscellaneous Provisions +Regulations +40. (1) The Minister may, by legislative instrument, make Regulations to give effect to +this Act. +(2) Without limiting subsection (1), the Regulations shall provide for +(a) modalities for calculating contributions from digital ecosystem actors; +(b) procedures for eligibility, application and disbursement of funding; +(c) financial management, audit and investment standards; +(d) performance monitoring and evaluation; and +(e) reporting formats and digital transparency tools. +Guidelines +41. (1) The Board may issue guidelines or administrative directives consistent with +this Act or regulations made under this Act to +(a) clarify procedures for fund management and disbursement; +(b) establish operational frameworks, codes of conduct or technical protocols; +(c) provide dir ection on reporting, compliance and use of fund -supported +resources; and +(d) provide for any other matter necessary for the effective and efficient +functioning of the Fund. +(2) Guidelines issues under this Act shall be published on the website of the Fund. +Interpretation +42. In this Act, unless the context otherwise requires +“Board ” means the governing Board of the Digital Economy and Innovation +Development Fund established under section 3 of this Act; +“Administrator ” means the person appointed under section 1 5 as the Administrator +of the Fund; +“digital ecosystem players ” includes telecommunication operators, over -the-top +platforms, cloud service providers, FinTechs, digital content platforms, +DRAFT 1 +18 device manufacturers, and other entities deriving economic value from +Ghana’s digital infrastructure; +“digital innovation ” means the creation or improvement of digital solutions, +services, models or platforms that contribute to economic transformation; +“disbursement ” means the release or allocation of resources from the Fund to +eligible recipients or initiatives; +“Fund ” means the Digital Economy and Innovation Development Fund established +under section 3 of this Act; +“Minister ” means the Minister responsib le for Communications, Digital +Technology and Innovation; +“National digital transformation policy ” refers to the prevailing government policy +framework or strategy that guides the implementation of digital economy and +innovation programmes in Ghana; +“start-up” means a newly established or early -stage business, typically with high +growth potential and operating in the technology or innovation sector; and +“underserved or unserved areas ” means any geographical, demographic or sectoral +area with limited or no access to adequate digital services, infrastructure, or +capacity. +Repeal and savings +43. (1) Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) are +repealed. +(2) Despite the repeal in subsection (1) any +(a) Regulations, bye -laws, directives, rules, guidelines, notices, directions or +other acts lawfully made or done under the repealed provisions and in +force immediately before the coming into force of this Act shall be +considered to have been made or done under this Act and shall continue +to have effect until revoked, reviewed, cancelled, withdrawn, or +terminated; and +(b) right, obligation or proceedings arising under those sections before the +coming into force of this Act be deemed to have been made under the +corresponding provisions of this Act and shall continue to have effect +until revoked, cancelled, withdrawn, or terminated. +DRAFT 1 +19 +Transitional provisions +44. On the coming into force of this Act +(a) the Ghana Investment Fund for Electronic Communications established under +Sections 31 to 53 of the Electronic Communications Act, 2008 (Act 775) shall +cease to exist; +(b) the assets, rights, obligations, liabilities, and records of the Ghana Investment +Fund for Electronic Communications immediately before the commencement +of this Act are transferred to the Digital Economy and Innovation +Development Fund established under this Act ; +(c) any decision, agreement, project, or contract lawfully entered into by or on +behalf of the Ghana Investment Fund for Electronic Comm unications and +subsisting immediately before the coming into force of this Act shall be +deemed to have been made by or in favour of the Fund established under this +Act; +(d) a person in the employment of the Ghana Investment Fund for Electronic +Communications shall be deemed to have been duly employed by the Fund on +terms and conditions which are no less favourable in aggregate to the terms and +conditions attached to the post h eld by the person before the coming into force +of this Act;” +(2) The Minister may, in consultation with the Public Services Commission, issue +administrative directives to facilitate the smooth transition from the Ghana Investment +Fund for Electronic Commun ications to the new Fund. +DRAFT 1 +20 SECOND SCHEDULE +(Section 6 (3)) +OFFICIAL OATHS +PART A +OATH OF OFFICE +I.. ..............................do, (in the name of the Almighty God, swear) (solemnly affirm) that +I will, at all times, well and truly serve the Republic of Ghana in the office of +......................... and that I will uphold, preserve and protect the Fund as by law established +(So help me God). +PART B +OATH OF SECRECY +I.. .............................., holding the office of................. ........... do (in the name of the +Almighty God, swear) (solemnly affirm) that I will not directly or indirectly communicate +or reveal to any person any matter which shall be brought under my consideration or shall +come to my knowledge in the discharge of my official duties except as may be required for +the discharge of my official duties or as may be specifically permitted by law (So help me +God). +DRAFT 1 +21 SECOND SCHEDULE +(Section 1 9) +SECTOR CONTRIBUTIONS +Sector Entities Percentage +of net +revenue +1. Technology +Space Operators +Electronic +communications +service +providers and +licensees, +authorised, or +designated under +the applicable +Acts or +regulations +administered by +the National +Communications +Authority (a) Fixed Network Operators (FNOs) +(b) Mobile Network Operators (MNOs) +(c) Telecommunications Infrastructure +Companies +(d) Terrestrial Fibre Optic Network +Operators +(e) Broadband Wireless Access (BWA) +Service Providers +(f) International Gateway Licensees (IGLs) +(g) Mobile Virtual Network Operators +(MVNOs) +(h) International Wholesale Carrier +Licensees (IWCLs) +(i) Submarine Cable Landing Station +Operators +(j) Interconnect Clearing House (ICH) +Operators +(k) Communications Managed and Support +Services Providers +(l) any other licensee or service provider +that the National Communications +Authority may des ignate as a contributor +to the Fund +3% +2. net revenue from electronic money issuers; 1% +3. ICT total gross revenue generated by the +Government 1% \ No newline at end of file diff --git a/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/metadata.json b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..43529edcc90fbd95f9169271f5f15e5d5de88afa --- /dev/null +++ b/assets/example_bills/digital-economy-and-innovation-development-fund-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:14:08.661321+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/DIGITAL-ECONOMY-AND-INNOVATION-DEVELOPMENT-FUND-BILL.pdf", + "document_hash": "e04d70c81a9d5a896b62487fa760648ca2851821861ba0709b93e17d99d04de7", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/electronic-communications-bill-2025/analysis.json b/assets/example_bills/electronic-communications-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..b91faf7ad478c6b9f948877ff5bd310078f1a44c --- /dev/null +++ b/assets/example_bills/electronic-communications-bill-2025/analysis.json @@ -0,0 +1,78 @@ +{ + "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.", + "bill_summary": [ + "Mandates licensing for electronic communications and broadcasting services, with exceptions for private use and government installations.", + "Imposes obligations on licensees, including network build-out targets, rural service provision, and cybersecurity compliance.", + "Regulates frequency authorizations, including conditions for use, fees, and restrictions on unauthorized spectrum use.", + "Requires interconnection and interoperability between networks, with penalties for anti-competitive practices.", + "Establishes universal service and access obligations, including digital inclusion initiatives and rural connectivity targets.", + "Introduces enforcement powers for the National Communications Authority, including suspension/revocation of licenses for non-compliance.", + "Creates dispute resolution mechanisms, including a Tribunal and a Dispute Resolution Committee.", + "Imposes cybersecurity obligations on licensees, including incident reporting and cooperation with sectoral CERTs." + ], + "implementation": [ + { + "stakeholder": "Telecom providers and broadcasters", + "obligation": "Comply with licensing conditions, pay fees, and meet technical standards for network operations.", + "implementation_burden": "Administrative costs for compliance, potential delays in service deployment due to regulatory reviews.", + "risk_or_note": "Non-compliance risks license suspension or revocation, which could disrupt operations." + }, + { + "stakeholder": "Rural service providers", + "obligation": "Provide services to rural areas at subsidized rates or under waived fees.", + "implementation_burden": "Higher operational costs due to sparse population density and infrastructure challenges.", + "risk_or_note": "May struggle with profitability, requiring government subsidies or partnerships." + }, + { + "stakeholder": "Consumers", + "obligation": "Report service quality issues and disputes through designated channels.", + "implementation_burden": "Increased reliance on formal complaint mechanisms, which may be time-consuming.", + "risk_or_note": "Potential for improved service quality due to regulatory oversight." + }, + { + "stakeholder": "Cybersecurity regulators", + "obligation": "Monitor compliance with cybersecurity protocols and investigate incidents.", + "implementation_burden": "Resource-intensive oversight of multiple licensees and incident response coordination.", + "risk_or_note": "Risk of under-resourcing leading to gaps in threat detection." + } + ], + "critique": [ + { + "issue": "Broad discretionary powers for the National Communications Authority", + "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.", + "recommendation": "Introduce specific criteria and independent oversight mechanisms for decisions involving license suspension or national security." + }, + { + "issue": "Lack of clarity on dispute resolution timelines", + "why_it_matters": "The bill does not specify timeframes for dispute resolution by the Tribunal or Committee, potentially delaying service restoration or compensation.", + "recommendation": "Mandate statutory deadlines for dispute resolution processes to ensure timely outcomes." + }, + { + "issue": "Potential for regulatory capture in universal service obligations", + "why_it_matters": "The bill delegates rural service provision to licensees without explicit safeguards against market failure or underinvestment.", + "recommendation": "Require performance benchmarks and penalties for non-compliance with rural connectivity targets." + } + ], + "swot": { + "strengths": [ + "Centralized regulation of spectrum and cybersecurity enhances national security and service quality.", + "Mandatory interconnection and net neutrality provisions promote competition and consumer choice.", + "Universal service obligations address digital inclusion and rural connectivity gaps." + ], + "weaknesses": [ + "Complex licensing and compliance requirements may burden SMEs and startups.", + "Ambiguity in enforcement criteria for license suspension risks arbitrary decisions.", + "Limited funding mechanisms for universal service initiatives may hinder implementation." + ], + "opportunities": [ + "Standardized technical regulations could attract foreign investment in telecom infrastructure.", + "Dispute resolution mechanisms may reduce litigation costs for stakeholders.", + "Cybersecurity frameworks could position Ghana as a regional hub for secure digital services." + ], + "threats": [ + "Overregulation may stifle innovation in emerging technologies like 5G or IoT.", + "High compliance costs could deter new entrants, reducing market competition.", + "Geopolitical tensions may complicate international spectrum allocation agreements." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/electronic-communications-bill-2025/chunks.json b/assets/example_bills/electronic-communications-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..80a903ec72d29803548c6cd8252b97d427ec6479 --- /dev/null +++ b/assets/example_bills/electronic-communications-bill-2025/chunks.json @@ -0,0 +1,86 @@ +[ + "1\nELECTRONIC COMMUNICATIONS BILL , 2025\nARRANGEMENT OF SECTIONS\nSection\nApplication\n1. Application and scope\n2. Broadcasting services\nLicence and frequency authorisation\n3. Requirement for a licence for public electronic communications service\n4. Licence conditions\n5. Obligations with respect to individual licences\n6. Obligations of individual licensees\n7. Obligations of operators of electronic communication networks and communications\nservices\n8. Requirements for frequency authorisation\n9. Obligations regarding frequency authorisation s\n10. Conditions of frequency authorisations\n11. Authorisation to operate in territorial waters or airspace\n12. Suspension and revocation of licences and frequency authorisation\n13. Amendment of licences and frequency authorisations\n14. Amendment of licences in emergency situations\n15. Duration and renewal of licence and frequency authorisation\n16. Regulation of premium rates\n17. Special licences\n18. Directions for the r eporting of information\nInterconnection\n19. Interconnection\nAccess to facilities and international transmission capacity\n20. Access to facilities and public rights of way\n21. Access to international transmission capacity\nUniversal service, universal access and tariffs\n22. Universal service\n23. Universal access\n24. Digital inclusion and equity\n25. Tariffs\n26. Cybersecurity and network resilience\n27. Digital Services and Over -the-Top Applications\n28. Environmental Compliance in Communications Infrastructure\n29. Market conduct and competition\n30. Duty to carry out consumer research\n31. Duty t o consult consumers\n32. Duty to establish a Consumer Code\n33. Net neutrality\n34. Data protection and privacy obligations\n35. Establishment of Industry Forum\n36. Industry Code\nRural communication service\n37. Access to frequency spectrum\n2 38. Tariffs for rural communications services\n39. Road works and access to land\n40. Repair and restoration\n41. Access to lands for inspection and maintenance", + "33. Net neutrality\n34. Data protection and privacy obligations\n35. Establishment of Industry Forum\n36. Industry Code\nRural communication service\n37. Access to frequency spectrum\n2 38. Tariffs for rural communications services\n39. Road works and access to land\n40. Repair and restoration\n41. Access to lands for inspection and maintenance\n42. Installation of facilities on private land or buildings\n43. Radio frequency s pectrum\n44. Allocation of frequency bands\n45. Consideration for allocation of frequency\n46. Frequency monitoring stations\n47. Harmful interference\n48. Space segment\nNational Electronic Communications Numbering Plan\n49. Establishment of the National Electronic Communications Numbering Plan\nTerminal equipme nt and technical standards\n50. Terminal equipment\n51. Technical standards\nTesting and inspection\n52. Power to request information\n53. Pre-installation testing\n54. Standards for testing\n55. Entry, search and inspection\nEnforcement powers of the Authority\n56. Enforcement powers of the Authority\nOffences\n57. Offences\n58. Giving false information\n59. False signals\n60. False communications\n61. Damage to equipment\n62. Recovery of civil debt\n63. Confidentiality and disclosure of personal information\n64. Re-programming mobile telephones\n65. Possession or supply of a device for re -programming purposes\nFess\n66. Fees\n67. Recover y of fees\nResolution of disputes\n68. Authority to establish dispute resolution process\n69. Dispute Resolution Committee\n70. Powers of the Committee\n71. Resolution of referred disputes\nElectronic Communications Tribunal\n72. Establishment of the Electronic Communications Tribunal\n73. Composition of the Tribunal\n74. Rules of procedure of the Tribunal\n75. Right of appeal\n76. Decisions of the Tribunal\n77. Appeals against the decisions of the Tribunal\n78. Servi ces provided from outside the Republic\n79. Business operation rates\n3 80. Levy on installed equipment\n81. Forbearance", + "74. Rules of procedure of the Tribunal\n75. Right of appeal\n76. Decisions of the Tribunal\n77. Appeals against the decisions of the Tribunal\n78. Servi ces provided from outside the Republic\n79. Business operation rates\n3 80. Levy on installed equipment\n81. Forbearance\n82. Electronic communications during a state of emergency\n83. Powers of the President\n84. Regulations\n85.Interpretation\n86. Repeals and savings\n87. Modification of existing enactments\n88. Transitional provisions\n4\nA BILL\nENTITLED\nELECTRONIC COMMUNICATIONS ACT, 2 025\nAN ACT to provide for the regulation of electronic communications and broadcasting, the use\nof the electro -magnetic spectrum and for related matters.\nDATE OF ASSENT:\nENACTED by Parliament and assented to by the President\nApplication\nApplication and scope\n1. (1) This Act applies to\n(a) electronic communications and broadcasting service providers ; and\n(b) electronic communications and broadcasting networks.\n(2) This Act does not apply to\n(a) the Armed Forces and other security agencies that form part of the state\nsecurity services established by law, save for the use of spectrum assigned by\nthe Authorit y;\n(b) installations of other branches of government except as expressly provided in\nthis Act ;\n(c) the operation by a person for that person's own use or solely for the purpose\nof that person's business of an electronic communications system in which\nthe equipment comprised in the system is situated in a\n(i) single set of premises in single occupation and the transmissions from the\nequipment are confined to the premises, or\n(ii) vessel, aircraft or vehicle or in two or more vessels, aircraft or vehicles and is\nmechanically coupled.\n(3) Business in subsection 2 (c) does not include a business for the provision of", + "equipment are confined to the premises, or\n(ii) vessel, aircraft or vehicle or in two or more vessels, aircraft or vehicles and is\nmechanically coupled.\n(3) Business in subsection 2 (c) does not include a business for the provision of\ntelecommunication services to another person.\nBroadcasting services\n2. (1) The National Communications Authority shall regulate the use of all\ncommuni cation platform s and radio spectrum designated or allocated for use by\nbroadcasting organisations and providers of broadcasting services having due regard to\nand in accordance with the standards and requirements of the International\nTelecommunications Union and its Radio Regulations as agreed to or adopted by the\nRepublic.\n(2) In furtherance of carrying out its function under subsection (1) the Authority shall\ndetermine technical and other standards and issue guidelines for the operation of\nbroadcastin g organisations and bodies providing broadcasting services.\n(3)The Authority shall charge fees that it determines for a frequency authorisation in\naccordance with the provisions of the Fees and Charges Act (Miscellaneous Provisions)\nAct, 2022 (Act 1080)\n5 (4)A person shall not operate a broadcasting system or provide a broadcasting service\nwithout a frequency authorisation by the Authority.\n(5)In furtherance of the management of the radio spectrum allocated to broadcasting,\nthe Authority may adopt policies to cater for rural communities and for this purpose\nmay waive fees wholly or in part for the grant of a frequency authorisation.\n(6) The Authority shall conduct or cause to be conducted research into the social,\neconomic, cultural and technical issues relating to broadcasting to guide the\nAuthority to carry out its mandate.\n(7) In pursuit of its mandate, the Authority shall pay particular attention to the\nprovisions of Chapter 12 of the Constitution.\nLicence and frequency authorisation .", + "economic, cultural and technical issues relating to broadcasting to guide the\nAuthority to carry out its mandate.\n(7) In pursuit of its mandate, the Authority shall pay particular attention to the\nprovisions of Chapter 12 of the Constitution.\nLicence and frequency authorisation .\nRequirement for a licence for communications and broadcasting services\n3. (1) Except as otherwise provided under this Act , a person shall not operate an electronic\ncommunications, broadcasting service or network or provide a voice telephony service or pla ce\na communications equipment for sale or distribution without a licence or authorization granted\nby the Authority.\n(2) A person who wishes to operate a network or provide a service described in subsection\n(1) shall apply to the Authority in the manner specified in Regulations made under this Act.\n(3) The Authority may grant or refuse an application for a licence based on policies and\nrules published from time to time.\n(4) Where an application for a licence is refused, the Authority shall notify the appl icant in\nwriting of its decision and the reasons for the refusal within seven days of the refusal.\n(5) The terms of a licence shall be made available to the public at the office of the Authority\nand on the website of the Authority and a member of the publ ic may obtain a copy or an extract\nof the terms on payment of the prescribed fee.\n(6) The Authority shall determine applications for licences in a non -discriminatory and\ntransparent manner.\n(7) A person who intends to operate submarine cables within this country to connect to a\ntelecommunications network shall first obtain a licence, in addition to any other licence,\napprovals, or permits required under any other law.", + "transparent manner.\n(7) A person who intends to operate submarine cables within this country to connect to a\ntelecommunications network shall first obtain a licence, in addition to any other licence,\napprovals, or permits required under any other law.\n(8) A diplomatic mission in Ghana may be granted permission to operate a radio\ncommunication system on application to the Authority through the Ministry of Foreign Affairs\nif\n(a) the Government of the diplomatic mission concerned provides reciprocal facilities to the\nGovernment of Ghana,\n(b) the station is to\n(i) be installed in a ccordance with this subsection, and\n(ii) operate in accordance with the International Telecommunications Convention and the\nRadio Regulations of the International Telecommunications Union, and\n(c) the power output of the transmitter is not higher than necessary for transmitting to the\nstate to which the diplomatic mission belongs and is in any case not more than five kilowatts.\n(9) Despite any other provision of this Act, the Authority may require that a person\noperating a type of electronic communicatio ns network or providing a type of electronic\ncommunication service for which a licence is not required under this section must notify the\nAuthority within fourteen days of commencing operations.\nLicence conditions\n6 4. (1) A licence issued under this Act may be subject to conditions that the Authority\nconsiders necessary in line with the object of the Authority.\n(2) Without limiting the power conferred on the Authority under this Act or the National\nCommunications Authority Act, 2025 (Act \u2026), each individ ual licence shall contain conditions\nthat include\n(a) a requirement for the effective and efficient use of scarce resources such as radio\nfrequencies, numbers and rights -of-way;", + "Communications Authority Act, 2025 (Act \u2026), each individ ual licence shall contain conditions\nthat include\n(a) a requirement for the effective and efficient use of scarce resources such as radio\nfrequencies, numbers and rights -of-way;\n(b) the networks and services which the licensee is entitled to operate or p rovide and the\nnetworks to which the licen see's network can or cannot be connected;\n(c) the duration of the licence;\n(d) the build out of the licensee's network and geographical and subscriber targets for the\nprovision of the licensee's services,\n(e) provision of contact details including emails and telephone numbers for emergency\nservices;\n(f) obligations to provide certain information to the Authority for regulatory and statistical\npurposes and to make public non -proprietary information;\n(g) obliga tions that relate to customer protection;\n(h) obligations to provide customer database information for a universal directory;\n(i) the provision of services to rural or sparsely populated areas or other specified areas in\nwhich it would otherwise be uneco nomical to provide service;\n(j) the provision of services to persons with disability and other social responsibility\nobligations;\n(k) contribution towards the provision of universal service and access;\n(l) the payment of licence fees;\n(m) obligations that relate to interconnection of networks and interoperability of services, data\nprotection and the avoidance of harmful interference;\n(n) infrastructure sharing obligations;\n(o) the control of anti -competitive conduct on the part of the licensee;\n(p) the provision to the Authority of documents and information required by the Authority\nfor the performance of its functions;", + "protection and the avoidance of harmful interference;\n(n) infrastructure sharing obligations;\n(o) the control of anti -competitive conduct on the part of the licensee;\n(p) the provision to the Authority of documents and information required by the Authority\nfor the performance of its functions;\n(q) the publication by the licensee of its charges and other terms and conditions of doing\nbusiness;\n(r) the regulation of prices and the quality of the services provided by the licensee;\n(s) the technical standards to be met by the licensee's telecommunications network or\nservice;\n(t) the allocation to and use by the licensee of numbers;\n(u) the transfer and the renewal of the li cence and change of ownership in the shareholding\nof the licensee;\n(v) prescriptions regarding national defence and public security; and\n(w) restriction s on some or all of the conditions of the licence, and the modification of the\nduration of the licence.\nObligations with respect to individual licences\n5. (1) A network operator or service provider shall\n(a) pay the fees specified by the Authority ;\n(b) not assign the licence without the prior written approval of the Authority ;\n(c) upon written request made by the President and subject to the Constitution, cooperate\nor collaborate with the President in matters of national security , public interest or public health;\nand\n(d) observe the conditions of its licence and regulations that relate to the licence.\n7 (2) A person who has an interest in a network operator or service provider shall not sell,\ntransfer, charge or otherwise dispose of that interest or any part of that interest in the network\noperator or service provider without the prior written approval of the Authority.", + "7 (2) A person who has an interest in a network operator or service provider shall not sell,\ntransfer, charge or otherwise dispose of that interest or any part of that interest in the network\noperator or service provider without the prior written approval of the Authority.\n(3) A network operator or service provider shall not without first seeking approval from\nthe Authority\n(a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant\ninterest,\n(b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of\nthat network operator's or service provider's share capital that results in\n(i) a person acquiring an interest in that network operator or service provider, or\n(ii) a perso n who already owns or holds an interest in the network operator or service\nprovider, increasing or decreasing the size of that person's interest.\n(4) A person who acquires an interest in a network operator or service provider shall notify\nthe Autho rity within fourteen days of the acquisition regardless of whether the sale, transfer,\ncharge or other disposition is the result of an internal reorganisation of a network operator or\nservice provider .\nObligations of individual licensees\n6. (1) A networ k operator or service provider shall\n(a) submit to the Authority any information that relates to the modification of its network\nor service;\n(b) provide users, under conditions which are published or are otherwise notified to the\nAuthority, access to and the opportunity to use the network or service on a fair and reasonable\nbasis;\n(c) not discriminate among similarly situated users and shall provide communication\nservices without discrimination, subject to section 25;", + "Authority, access to and the opportunity to use the network or service on a fair and reasonable\nbasis;\n(c) not discriminate among similarly situated users and shall provide communication\nservices without discrimination, subject to section 25;\n(d) not engage in anti -competitive pricing and other related practices in order to lessen\ncompetition;\n(e) not use revenues or resources from one part of its business to unfairly cross -subsidise\nanother electronic communications network or service, without the written approval of the\nAutho rity;\n(f) satisfy standards of quality in accordance with its licence and the Regulations;\n(g) file a report with the Authority on the quality of its service as measured against the\nquality of service performance indicators set by the Authority and publi sh other reports that the\nAuthority may authorise;\n(h) develop, publish and implement procedures for responding to user complaints and\ndisputes related to quality of service, statements of charges and prices and respond quickly and\nadequately to the compl aints;\n(i) submit complaints from and disputes with\n(i) other licensees,\n(ii) an operator of electronic communications networks,\n(iii) providers of electronic communications services, and\n(iv) other users,\nto the Authority for resolution where the complaints or disputes are because of the\nlicensee's exercise of its rights and obligations under the licence;\n(j) file with the Authority samples of user agreements with end -users and any amendments\nof the agreements for the provision of public electro nic communications services;\n(k) permit the resale of its electronic communications service and not impose unreasonable\nor discriminatory conditions or limitations on the resale;\n8 (l) provide and contribute to universal service and universal access in acc ordance with", + "of the agreements for the provision of public electro nic communications services;\n(k) permit the resale of its electronic communications service and not impose unreasonable\nor discriminatory conditions or limitations on the resale;\n8 (l) provide and contribute to universal service and universal access in acc ordance with\npolicies established under the National Electronic Communications Policy, amendments to the\nPolicy and any other policies that the Minister may establish;\n(m) not impair or terminate the electronic communications service provided to a user du ring a\ndispute, without the written approval of the Authority;\n(n) disconnect terminal equipment which is attached to an operator's network in contravention\nof this Act and which\n(i) is unsafe to the user,\n(ii) is not in compliance with international st andards, or\n(iii) poses a risk of physical harm to the network;\n(o) provide number portability and in accordance with the requirements specified by the\nAuthority; and\n(p) provide dialing parity to other licensee s and service providers in accordance with\nrequirements specified by the Authority.\n(q) designate a cybersecurity point of contact to liaise with the sectoral CERT ;\n(r) report cybersecurity incidents to the cybersecurity regulator within the timeframe specified\nby the Authority \u2019s Guidelines;\n(s) comply with security advisories, standards and response protocols issued by the\ncybersecurity regulator ; and\n(t)cooperate with the cybersecurity regulator in incident investigations and post incident\nreviews.\n(2) The Authority shall specify\n(a) qualit y of service indicators for telecommunications service ; and", + "cybersecurity regulator ; and\n(t)cooperate with the cybersecurity regulator in incident investigations and post incident\nreviews.\n(2) The Authority shall specify\n(a) qualit y of service indicators for telecommunications service ; and\n(b) the means to enforce a licensee's compliance with its stated quality of service standards,\nincluding measures by which a licensee shall compensate users adversely affected by a failure\nto pro vide electronic communications service in accordance with the standards.\n(3) Where an operator has significant market power, as determined in accordance with the\ncriteria set out in this Act, the operator shall make available to other an operator of elect ronic\ncommunications networks or providers of electronic communications services, technical\ninformation regarding the network or service, including planned deployment of equipment and\nother information relevant to the other network operator or service prov ider.\nObligations of operators of electronic communication networks and communications\nservice\n7. (1) A network operator or a service provider who is a holder of a licence shall not use\nor permit another person to use or disclose confidential, personal or proprietary information of\na user, another network operator or service provider without lawful authority unless the use or\ndisclosure is necessary for\n(a) the operation of the network or service,\n(b) the billing and collection of charges,\n(c) the pro tection of the rights or property of the operator or provider, or\n(d) the protection of the users or other network operator or service providers from the\nfraudulent use of the network or service.\n(2) The Authority may authorise a network operator or serv ice provider to disclose lists of\nits subscribers, including directory access databases, for the publication of directories or for\nother purposes that the Authority may specify.", + "fraudulent use of the network or service.\n(2) The Authority may authorise a network operator or serv ice provider to disclose lists of\nits subscribers, including directory access databases, for the publication of directories or for\nother purposes that the Authority may specify.\nRequirement for a frequency authorisation\n8. (1) A person shall not use a s pectrum for designated services without a frequency\nauthorisation granted by the Authority.\n9 (2) A person who wishes to use a spectrum shall apply to the\nAuthority in the manner specified in Regulations made under this Act or other relevant\nlegislation .\n(3) The Authority may grant or refuse an application for frequency authorisations in\naccordance with policies and rules published by the Authority.\n(4) On the receipt, grant or refusal of an application for a frequency authorisation the\nAuthority shall cause a notice to that effect to be published on its website.\n(5) Where an application for frequency authorisation is refused, the Authority shall notify\nthe applicant in writing within seven days after the refusal and give reasons for the refusal in\nthe notice.\n(6) The terms of a frequency authorisation may be accessed by the public at the office of the\nAuthority and a copy or an extract of the terms may be obtained from the Authority, by a\nmember of the public, on payment of the specified fee.\n(7) Wher e it appears to the Authority that the frequency authorisation contains information\nrelating to national security or other international obligations, the Authority may withhold that\ninformation from the public.\n(8) A frequency authorisation shall be consistent with the spectrum plan established under\nthis Act and Regulations and shall confer on the authorisation holder the right to use a specified", + "relating to national security or other international obligations, the Authority may withhold that\ninformation from the public.\n(8) A frequency authorisation shall be consistent with the spectrum plan established under\nthis Act and Regulations and shall confer on the authorisation holder the right to use a specified\nfrequency band subject to the conditions set out in the frequency authorisation.\n(9) The holder of a fre quency authorisation shall utilise only the spectrum granted for the\nservice and shall do so in accordance with the terms of its licence.\n(10) The Authority shall not discriminate in the determination of frequency authorisation.\nObligations regarding fr equency authorisation\n9. (1) A holder of a frequency authorisation shall\n(a) pay the fees specified by the Authority ;\n(b) strictly adhere to the authorised frequency band ;\n(c) not assign the frequency authorisation without the written approval of the Authority ;\n(d) on a request made by the President and subject to the Constitution co -operate with the\nGovernment in matters of national security ; and\n(e) comply with the Regulations made under this Act and the conditions of the\nauthorisation.\n(2) A pers on who has a significant interest in the holder of a frequency authorisation shall\nnot sell, transfer, charge or otherwise dispose of that interest, or any part of that interest, unless\nthat person gives the Authority at least thirty days notice in writing before the proposed\ntransaction.\n(3) A holder of a frequency authorisation shall not without the prior written approval of the\nAuthority\n(a) cause, permit or acquiesce in a sale, transfer, charge or other disposition of a significant\ninterest in the hold er, or", + "transaction.\n(3) A holder of a frequency authorisation shall not without the prior written approval of the\nAuthority\n(a) cause, permit or acquiesce in a sale, transfer, charge or other disposition of a significant\ninterest in the hold er, or\n(b) issue or allot any shares or cause, permit or acquiesce in any other re -organisation of\nits share capital that results in\n(i) a person acquiring a significant interest in the holder, or\n(ii) a person who already has a significant interest in the holder, increasing or decreasing\nthe size of that interest.\nConditions of frequency authorisations\n10. A frequency authorisation shall contain conditions that relate to\n(a) the expiration of the frequency authorisation and the time required for an application\nfor renewal ;\n10 (b) the duration of the authorisation ;\n(c) the circumstances under which the frequency authorisation may be amended for force\nmajeure, national security, changes in national legislation and implementation of international\nobligat ions and the public interest ;\n(d) the use of the authorised frequency band ;\n(e) the type of emission, power and other technical requirements for the radio -\ncommunication service ; and\n(f) other matters that the Authority may specify for frequency\nauthori sation.\nAuthorisation to operate in territorial waters or airspace\n11. Despite section 9 (1), a ship or aircraft operating in the territorial waters or airspace of\nGhana , which is not registered in the country is not required to have authorisation from the\nAuthority for a radio -communication service if the service is operated under a valid authority\nor frequency authorisation issued in another country in accordance with international", + "Ghana , which is not registered in the country is not required to have authorisation from the\nAuthority for a radio -communication service if the service is operated under a valid authority\nor frequency authorisation issued in another country in accordance with international\nagreements relating to radio -communication as regards ships or aircraf ts.\nSuspension and revocation of licences and frequency authorisations\n12. (1) The Authority may suspend or revoke a licence or a frequency authorisation where\n(a) the licence or the authorisation holder has failed to comply with any of the provisions of\nthis Act, Regulations or the terms and conditions of its licence or frequency authorisation ;\n(b) the licensee or the authorisation holder has failed to comply with a lawful direction of the\nAuthority ;\n(c) the licensee or the authorisation holder is in defau lt of payment of a fee or other money\ncharged or imposed in furtherance of this Act, the National Communications Authority Act,\n2025 (Act \u2026) or Regulations ;\n(d) the licensee ceases to\n(i) operate the communications network ;\n(ii) provide the electro nic communications service ; or\n(iii) use the frequency band .\n(e) the suspension or revocation is necessary on the written advice of the National Security\nCouncil because of national security or is in the public interest,\n(f) the imposition of a fine under the Act will not be sufficient under the circumstances, or\n(g) the suspension or revocation is considered necessary in the public interest upon the\nrecommendation of the National Media Commission, subject to the following safeguards ,\n(i) the reco mmendation of the National Media Commission shall be made in writing and", + "(g) the suspension or revocation is considered necessary in the public interest upon the\nrecommendation of the National Media Commission, subject to the following safeguards ,\n(i) the reco mmendation of the National Media Commission shall be made in writing and\nsupported by reasons grounded in law, evidence, or material fact;\n(ii) the National Media Commission shall give the licensee or authorisation holder written\nnotice of the proposed action and the basis for the recommendation;\n(iii) the National Media Commission shall afford the licensee an opportunity to respond in\nwriting within a reasonable period, not less than fourteen days, from receipt of the notice;\n(iv) the National Media Commission shall consider any representations made by the licensee\nbefore taking a final decision;\n(v) A party dissatisfied with the final decision of the Authority may appeal the decision\nbefore the Electronic Communications Tribunal established under this Act .\n(2) Except in the case of suspension or revocation on the written advice of the National\nMedia Commission, the Authority shall, before exercising the power of suspension or\nrevocation under this section, give the licensee or the authorisat ion holder thirty days \u2019 notice\nin writing of its intention to do so, specify in the notice the grounds on which it proposes to\n11 suspend or revoke the licence or the frequency authorisation, and provide the the licensee or\nauthorisation holder the opportunit y to respond to the notice .\n(3) Where the Authority decides to suspend or revoke a licence or authorisation, the\nAuthority shall give the licensee or authorisation holder the opportunity\n(a) to present its views\n(b) to remedy the breach which has occasioned the decision to suspend or revoke the\nlicence, and", + "(3) Where the Authority decides to suspend or revoke a licence or authorisation, the\nAuthority shall give the licensee or authorisation holder the opportunity\n(a) to present its views\n(b) to remedy the breach which has occasioned the decision to suspend or revoke the\nlicence, and\n(c) to submit to the Authority within the time specified by the Authority a written statement\nof objections to the suspension or revocation of the licence or the frequency authorisation.\n(4) The suspension or revocation of a licence or a frequency authorisation shall take effect\non the date specified by the Authority in the notice under subsection (2).\n(5) Until the Authority suspends or revokes a licence or authorisation, the licensee or the\nauthorisation holder shall continue to operate and if the period of the licence or the frequency\nauthorisation comes to an end before the decision by the Authority, an interim renewal of the\nlicence or the frequency authorisation shall be granted on the sa me terms.\n(6) A licence shall be revoked on the making of a winding up order by the Court or the\nRegistrar of Companies .\nAmendment of licences and frequency authorisations\n13. (1) A licence or a frequency authorisation may be amended by a written agre ement\nbetween the licensee or the holder of the frequency authorisation and the Authority, where\n(a) force majeure, national security considerations, public health emergencies, change in\nnational legislation or the implementation of an international obligation require the\namendment, or\n(b) the Authority, on account of the public interest, decides that the amendment is necessary\nto achieve the objects of the Authority,", + "(a) force majeure, national security considerations, public health emergencies, change in\nnational legislation or the implementation of an international obligation require the\namendment, or\n(b) the Authority, on account of the public interest, decides that the amendment is necessary\nto achieve the objects of the Authority,\n(2) The Authority shall not amend a licence or frequency authorisation if it has n ot given\nthe licensee or authorisation holder adequate advance notice in writing and in any case the\nnotice shall not be given less than ninety days before the proposed amendment.\n(3) The Authority shall state in the notice the reasons for the amendment a nd the date on\nwhich the amendment takes effect, and shall\ngive the licensee or the authorisation holder the opportunity to\n(a) present its views, and\n(b) submit to the Authority a written statement of objections to the amendment which may\ninclude propo sed alternatives to the amendment within the time specified by the Authority.\n(4) The Authority shall take into account the views and the written statement of the licensee\nbefore reaching a decision on the amendment.\n(5) A licensee or an authorisation ho lder may request the Authority to amend its licence or\nfrequency authorisation.\nAmending licences in e mergency situations\n14. Section 1 3 does not preclude the Authority from amending a licence or a frequency\nauthorisation without notice where there is, or there is likely to be, a risk to national security,\npublic safety or where immediate amendment is essential in the public interest.\nDuration and renewal of licence and frequency authorisation\n15. (1) The duration of a licence shall be stated in the licence.", + "authorisation without notice where there is, or there is likely to be, a risk to national security,\npublic safety or where immediate amendment is essential in the public interest.\nDuration and renewal of licence and frequency authorisation\n15. (1) The duration of a licence shall be stated in the licence.\n(2) Subject to subsection (3), on an application by the licensee or authorisation holder, the\nAuthority may renew a licence or frequency authorisation granted under this Act.\n(3) An application for the renewal of a licence shall be refused if\n12 (a) the licensee or the authorisation holder failed to comply with any of the provisions of\nthis Act, Regulations or the terms and conditions of the licence or the frequency authorisation ;\n(b) the Authority is satisfied that the applicant will not comply with this Act, Regulations\nor the terms and conditions of the licence or the frequency authorisation if the licence is\nrenewed ;\n(c) the licensee or the authoris ation holder has failed to comply materially with any lawful\ndirection of the Authority ; or\n(d) in the case of an operator or service provider, the Authority determines that it is not in\nthe public interest to renew the licence and gives the operator or service provider notice of the\ndecision not less than three years before the expiration of the licence.\n(4) A licence which is of less than three years duration shall contain the period required for\na notice under subsection (3) (d).\n(5) Subject to subsection (3) (d), the Authority shall give the licensee or the authorisation\nholder advance notice of not less than thirty days of its intention not to renew the licence or\nfrequency authorisation.", + "a notice under subsection (3) (d).\n(5) Subject to subsection (3) (d), the Authority shall give the licensee or the authorisation\nholder advance notice of not less than thirty days of its intention not to renew the licence or\nfrequency authorisation.\n(6) The Authority shall state the grounds for its contemplated refusal of the renewal of a\nlicence or authorisation and shall give the licensee or the auth orisation holder the opportunity\n(a) to present its views, and\n(b) to submit to the Authority within the time specified by the Authority a written statement\nof objections to the refusal.\n(7) The Authority shall take into account the views and the writte n statement of the licensee\nor the authorisation holder before reaching its final decision.\nRegulation of premium rates\n16. (1) The Authority may set conditions to regulate the provision, content, promotion and\nmarketing of premium rate services.\n(2) A service is a premium rate service if\n(a) there is a charge for the provision of the service,\n(b) the charge is required to be paid to the provider of the communications service.\n(c) that charge is imposed for the use of the communications service,\n(d) it has the contents of electronic communications transmitted by means of an electronic\ncommunications network, and\n(e) it allows the user of an electronic communications service to access a facility provided\nby that service to make a transmission.\n(3) A person provides a premium rate service if that person\n(a) provides the service described in subsection (2),\n(b) exercises editorial control over the contents of the service,", + "by that service to make a transmission.\n(3) A person provides a premium rate service if that person\n(a) provides the service described in subsection (2),\n(b) exercises editorial control over the contents of the service,\n(c) packages together the contents of the service for the purpose of facilitat ing its provision,\n(d) makes available a facility comprised in the service,\n(e) is the provider of an electronic communications service used for the provision of the\nservice and is entitled under arrangements made with a provider of the service falling within\nparagraph (a) to (d), to retain some or all of the charges received in respect of the provision of\nthe service or of the use of the electronic communications service,\n(f) is the provider of an electronic communications network used to provide the service\nand an agreement relating to the use of the network for that service subsists between the\nprovider of the network and a person who is a provider of the service falling within paragraph\n(a) to (d), and\n(g) is the provider of an electronic communica tions network used to provide the service\nand the use of that network\n(i) for the premium rate services, or\n13 (ii) of services that include or may include premium rate services,\nand is authorised by an agreement subsisting between that person and either a n intermediary\nservice provider or a person who is a provider of the service by virtue of paragraph (e) or (f).\nSpecial licences\n17. (1) The Authority may grant a special licence where it determines that an emergency or\nother exigent circumstance exists.", + "service provider or a person who is a provider of the service by virtue of paragraph (e) or (f).\nSpecial licences\n17. (1) The Authority may grant a special licence where it determines that an emergency or\nother exigent circumstance exists.\n(2) A person who wishes to obtain a special licence shall apply to the Authority in the\nmanner specified in Regulations made under this Act.\n(3) A special licence shall be for a duration determined by the Authority and may only be\nrenewed in excepti onal circumstances.\nDirections for the reporting of information\n18. (1) The Authority may, by notice published in the Gazette and on its website, issue\ndirections to\n(a) service providers,\n(b) network operators , or\n(c) persons holding frequency autho risation\nto make returns or furnish documents to the Authority for statistical or regulatory purposes.\n(2) The notice shall specify the period within which the returns are to be made or the\ndocuments furnished.\n(3) The directions may provide differently for different persons, circumstances or cases.\n(4) A service provider or network operator or a person holding a frequency authorisation\nthat fails, within the period specified, to make a return or furnish documentation to the\nAuthority in accordance with directions issued under subsection (1) commits an offence and is\nliable on summary conviction to a fine of not more than two thousand penalty units.\n(5) Where a person convicted of an offence fails to pay the fine, the fine shall be treated as\na civil debt and execution may be levied in accordance with the High Court (Civil Procedure\nRules), 2004 (C.I.47).\nInterconnection\nInterconnection", + "(5) Where a person convicted of an offence fails to pay the fine, the fine shall be treated as\na civil debt and execution may be levied in accordance with the High Court (Civil Procedure\nRules), 2004 (C.I.47).\nInterconnection\nInterconnection\n19. (1) A network operator shall in addition to the obligations contained in its licence or\nunder this Act, provi de interconnection of its electronic communications network with the\nnetwork of another operator.\n(2) A service provider shall subject to the obligations contained in its licence or under this\nAct provide for the transmission and routing of the services o f other operators or service\nproviders, at any technically feasible point specified by the Authority.\n(3) A request by a network operator to another network operator for interconnection shall\nbe\n(a) in writing ; and\n(b) responded to in writing within fourteen days after receipt.\n(4) A request for interconnection, transmission and routing of service may only be refused\non reasonable technical or financial grounds which must be stated in writing.\n(5) The network operator or service provider shall\n(a) comply with guidelines and standards established by the Authority in Regulations or\nanother relevant law to facilitate interconnection ;\n(b) on request provide points of interconnection in addition to those offered. generally to\nother network operators or service providers, subject to rates that reflect the network operator's\n14 or service provider's total economic cost of constructing additional facilities necessary to\nsatisfy the request ;\n(c) provide the elements of interconnection to other network operator and service\nproviders, in a manner that is at least equal in both quality and rates to that provided by that", + "14 or service provider's total economic cost of constructing additional facilities necessary to\nsatisfy the request ;\n(c) provide the elements of interconnection to other network operator and service\nproviders, in a manner that is at least equal in both quality and rates to that provided by that\nnetwork operator or service provider to\n(i) its own business units ;\n(ii) body corporate with which it is affiliated ; or\n(iii) any other party to which the network operator or service provider provides\ninterconnection and without regard to the types of users to be served, or the types of services\nto be provided, by the other operator or service provider ;\n(d) promptly negotiate, on the request by another network operator or service provider, and\nendeavour to conclude, an agreement with regard to the charges and the technical and other\nterms and conditions for the elements of interconnection subject to paragraph (g) ;\n(e) submit to the Authority a copy of any agreement concluded under paragraph (d) within\nseven days after the conclusion to enable the Authority to determine whether the agreement\ncomplies with the guidelines established under this Act ;\n(f) offer, on a non -discriminatory basis, the terms and conditions of an agreement\nconcluded under paragraph (d) or required by a decision made under paragraph (g) to any\nother network operator or service provider seeking interconnection ;\n(g) submit to the Authority for prompt resolution, and in accordance with procedures\nadopted by the Authority any dispute that may arise between the network operator or service\nprovider and any other licensee as regards interconnection, including\n(i) denial of interconnection,\n(ii) failure to conclude an agreement promptly under paragraph (d), or", + "adopted by the Authority any dispute that may arise between the network operator or service\nprovider and any other licensee as regards interconnection, including\n(i) denial of interconnection,\n(ii) failure to conclude an agreement promptly under paragraph (d), or\n(iii) disputes as to price and any technical, commercial or other term or condition for\ninterconnection, and\n(h) be bound by a decision made by the Authority under paragraph (g).\n(6) The Authority shall promptly decide an interconnection dispute referred to it within\nfourteen days after the referral.\n(7) An interconnection agreement concluded under subection (3),\n(a) shall be made available for public scrutiny at the office of the Authority ; or\n(b) may be reproduced b y the Authority at the request of a member of the public on\npayment of the prescribed fee, but those parts of the agreement which in the opinion of the\nAuthority contain the commercial strategy of the parties shall not be made available or be\nreproduced.\n(8) A network operator or service provider who has significant market power shall\n(a) disaggregate its network or its service or its network and service and on a cost -oriented\nbasis specified by the Authority establish prices for its individual elements and offer the\nelements at the established prices to other operators and service providers ;\n(b) publish, in the manner specified by the Authority the prices, technical, commercial and\nother terms and conditions pertaining to its offer for elements of inter connection ; and\n(c) permit other network operators and service providers to have equal access to directory\nlisting, operator services, directory assistance and directory listing without unreasonable delay,\nin accordance with requirements specified by the Authority.", + "other terms and conditions pertaining to its offer for elements of inter connection ; and\n(c) permit other network operators and service providers to have equal access to directory\nlisting, operator services, directory assistance and directory listing without unreasonable delay,\nin accordance with requirements specified by the Authority.\n(9) Where a network operator or service provider who has significant market power fails\nto comply with its obligations, the Authority may notify the network operator of a deadline\nwithin which it has to comply and if the operator fails to comply within the deadline given, the\nAuthority may apply to the High Court for an order to compel it to comply.\n(10) The Authority may classify a network operator or service provider as dominant if\nindividually or jointly with others, that network operat or or service provider enjoysa position\n15 of economic strength that enables it to behave to an appreciable extent independently of\ncompetitors and users.\n(11) In making the classification under subsection (10), the Authority shall take into\nconsideration\n(a) the relevant market ;\n(b) technology and market trend ;\n(c) the market share of the operator or service provider ;\n(d) the power of the operator or service provider to introduce and sustain a material price\nincrease independently of competitors ;\n(e) the degree of differentiation among networks and services in the market ; and\n(f) any other matter that the Authority considers relevant.\n(12) Where an operator or service provider which is classified as dominant by the Authority\nconsiders that it has lost its dominance with respect to a network or service, it may apply to the\nAuthority to be classified as non -dominant and if the Authority grants the application, the\napplicable licence shall be amended to reflect the classification .", + "considers that it has lost its dominance with respect to a network or service, it may apply to the\nAuthority to be classified as non -dominant and if the Authority grants the application, the\napplicable licence shall be amended to reflect the classification .\n(l3) The Authority may o nly classify or declassify a network operator or service provider as\ndominant, if it first publishes the intention to do so in the Gazette and on its website.\nAccess to facilities and international transmission capacity\nAccess to facilities and public r ights of way\n20. (1) An operator shall give access to other operators who request access to the facilities\nor public rights of way or statutory wayleaves that it owns or controls on a timely basis\n(2) Where, a network operator requests the use by its network of a utility installation owned\nby a public utility it shall have the right to use the installation in accordance with this section\nand where any public utility requests the use of facilities of a network operator, the public\nutility shall have the rights of the network operator under this section.\n(3) Access to facilities and utility installations shall be negotiated between or among\nnetwork operators and public utilities on a non -discriminatory and equitable basis and charges\npayable shall be dete rmined on a cost -sharing basis.\n(4) At the request of the parties, the Authority may assist in negotiating an agreement\nbetween them.\n(5) A network operator or public utility may deny access to a facility or utility installation\nonly where it demonstrate s that the facility or utility installation has insufficient capacity, taking\ninto account its reasonably anticipated requirements, or where there are reasons of safety,\nsecurity, reliability or difficulty of a technical or engineering nature.", + "only where it demonstrate s that the facility or utility installation has insufficient capacity, taking\ninto account its reasonably anticipated requirements, or where there are reasons of safety,\nsecurity, reliability or difficulty of a technical or engineering nature.\n(6) The Aut hority may regulate the rates, terms and conditions for access to a facility or\nutility installation, and shall ensure that the rates, terms and conditions are just and reasonable\nand to the greatest extent possible, based on a cost -sharing formula.\n(7) In carrying out its functions under this section, the Authority may adopt necessary and\nappropriate procedures to resolve disputes concerning the rates, terms and conditions.\n(8) The owner of a shared facility shall be responsible for the maintenance of th e facility\nand the responsibility for the connection and engineering of other occupiers equipment shall\nbe by agreement of the parties.\n(9) Under this section, access to facilities does not include interconnection.\nAccess to international transmission c apacity\n21. Access to international transmission capacity shall be made available to all service\nproviders in a cost -based, transparent, and non -discriminatory manner determined by the\nAuthority.\n16\nUniversal service, universal access and tariffs\nUniversal service\n22. (1) The Authority shall determine the telecommunications services in respect of which\nthe requirement of universal service shall apply, taking into account the needs of the public,\naffordability of the service and advances in technol ogies.\n(2) Universal service includes, at a minimum, a high quality telephone service, that offers\n(a) a free telephone directory for subscribers of the service ;\n(b) operator assisted information service ;\n(c) free access to emergency number information ;\n(d) telecommunications services, and", + "(2) Universal service includes, at a minimum, a high quality telephone service, that offers\n(a) a free telephone directory for subscribers of the service ;\n(b) operator assisted information service ;\n(c) free access to emergency number information ;\n(d) telecommunications services, and\n(e) provision of services that enable persons with disability to make and receive calls.\n(3) The Authority shall determine\n(a) the manner in which a public telecommunications service is provided and funded in\norder to meet the requirements of universal service ; and\n(b) the obligations, if any, of the providers and users of the service.\n(4) The Authority may require providers of private electronic communications services,\nclosed user group services and value added services, and the users of these services and of any\nother electronic communic ations services to contribute to the funding of universal service with\nthe approval of the Minister.\n(5) A public electronic communications service that offers universal servic e shall not terminate\nits service to the public without first obtaining written approval from the Authority.\nUniversal access\n23. (1) Universal access includes\n(a) access, through broad geographic coverage, to community -based broadband\ninformation and communication services that include voice, data services, access to the\ninternet, local relevant content, community radio and Government services, that are affordable\nand of high quality,\n(b) signal coverage of mobile and broadcast networks throughout rem ote regions ; and\n(c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle\ninstitutions, community colleges, universities, community health facilities, hospitals,\ntelecentres and any other public or private community centres.", + "(c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle\ninstitutions, community colleges, universities, community health facilities, hospitals,\ntelecentres and any other public or private community centres.\n(2) In accordance with the policy established by the Minister, the Authority shall determine\n(a) the manner in which universal access shall be provided ; and\n(b) the obligations, if any, of the providers and users of the service.\n(3) The Authority may, with the approval of the Minister, require\n(a) a provider of a private electronic communications service, closed user group service or\nvalue added service ; and\n(b) the users of these services and of any other electronic communications serv ice to contribute\nto the funding of universal access.\n(4) The obligation to provide and contribute to the funding of universal access shall be\ndetermined in a transparent manner and on a non-discriminatory basis between similarly\nsituated providers of ele ctronic communications services and users.\nDigital Inclusion and Equity\n24. (1) The Authority shall promote digital inclusion by supporting initiatives that expand\ninformation and communications technology access for underserved populations, including\nrural communities, women, persons with disabilities, and youth.\n17 (2) A licensee shall submit annual access and inclusion reports detailing efforts to promote\nequitable access to communication services.\nTariffs\n25. (1) Tariffs for electronic communications servi ces, except those which are regulated by\nthe Authority under this section , shall be determined by service providers in accordance with\nthe principles of supply and demand.\n(a) A network operator shall charge the minimum rate for all international incoming", + "Tariffs\n25. (1) Tariffs for electronic communications servi ces, except those which are regulated by\nthe Authority under this section , shall be determined by service providers in accordance with\nthe principles of supply and demand.\n(a) A network operator shall charge the minimum rate for all international incoming\nelectronic communication traffic as the Authority may publish in the Gazette from time to time .\n(b) A network operator that charges a lesser rate than that specified in subsection (a) is\nliable to pay to the Authority on behalf of government a penalty of twice the difference between\nthe specified rate and the rate actually charged.\n(c) A network operator shall not charge its customers a higher fee for its services because\nof the minimum rate for international incoming electronic communication traffic.\n(d) Where it is established that a network operator has increased the fees for its services\nbecause of the minimum rate for international incoming electronic communication traffic, that\noperator is liable to pay to the Authority a penalty of twice the sum of t he value of the increase.\n(e) The Authority shall establish mechanisms and institute measures to monitor compliance\nwith this section and may in this regard carry out inspections and request any relevant\ninformation from a network operator.\n(f) A network o perator requested by the Authority to submit information under subsection\n(5), shall submit the Information within fourteen days.\n(g) A network operator who fails to submit the information to the Authority within the\nfourteen days is liable to pay to the A uthority on behalf of government, a penalty of ten\nthousand penalty units for each day after the fourteen days that the information remains\nunsubmitted.\n(h) The Authority shall bill and collect from a network operator moneys due to the", + "fourteen days is liable to pay to the A uthority on behalf of government, a penalty of ten\nthousand penalty units for each day after the fourteen days that the information remains\nunsubmitted.\n(h) The Authority shall bill and collect from a network operator moneys due to the\ngovernment as a res ult of the minimum rate of international incoming electronic\ncommunication traffic and shall pay the moneys into the Consolidated Fund.\n(i) The Authority shall keep the percentage specified in the Schedule of any moneys it\ncollects on behalf of government for the Authority's own use but the Authority shall account to\nthe Minister for Finance for the moneys collected.\n(j) The mechanisms and measures referred to in subsection ( 1), paragraph (e) shall not\nhave the capability to actively or passively record, mo nitor or tap into the content of any\nincoming or outgoing electronic communication traffic, including voice, video and data\nexisting discretely or on a converged platform whether local or international.\n(2) The Authority may establish price regulation regi mes, which may include the setting,\nreview and approval of prices by Regulation, where\n(a) there is only one network operator or service provider or one network operator or\nservice provider that has significant market power,\n(b) a sole network operator o r service provider or a network operator or service provider\nwith significant market power and cross -subsidises another electronic communications\nnetwork or service, and\n(c) the Authority detects anti -competitive pricing or acts of unfair competition.\n(3) A service provider shall provide rates that are fair and reasonable and shall not\ndiscriminate among similarly situated persons, including the service provider and any body", + "network or service, and\n(c) the Authority detects anti -competitive pricing or acts of unfair competition.\n(3) A service provider shall provide rates that are fair and reasonable and shall not\ndiscriminate among similarly situated persons, including the service provider and any body\ncorporate with which it is affiliated except as otherwise provided in this Act.\n(4) The Authority may prescribe a method to regulate the cost of the service for any public\nelectronic communications service in which a service provider is dominant by establishing a\nceiling on the cost, or by other methods that it considers appropriate.\n18 (5) A service provider shall publish the prices, terms and conditions for its public electronic\ncommunications services at the times and in the manner that the Authority shall specify and\nthe prices, terms and conditions shall, be the lawful prices, terms and conditions for the services\nsubject to this Act and the conditions of the licence.\nCybersecurity, Network Resilience and critical electronic infrastructure\n26.A licensee shall implement appropriate technical and organisational measures to ensure the\nsecurity and resilience of their networks and services, in accordance with standards issued by\nthe Cybersecurity regulator.\n(2)A licensee shall report cybersecurity i ncidents that affect network integrity or result in\nservice disruption to the Authority and the national cybersecurity regulator within twenty -four\nhours of detection.\n(3) A licensee shall, within twenty -four (24) hours of detection, notify the National\nCommunications Authority of any network breach involving subscriber data.\n(4) Where the breach involves the compromise of personal data, the licensee shall, within the\nsame period, make a parallel notification to the Data Protection Commission.", + "Communications Authority of any network breach involving subscriber data.\n(4) Where the breach involves the compromise of personal data, the licensee shall, within the\nsame period, make a parallel notification to the Data Protection Commission.\n(5)The Autho rity shall, in consultation with the cybersecurity regulator, adopt and enforce\nminimum cybersecurity standards issued by the cybersecurity regulator , which shall be\napplicable to all operators and service providers.\n(6) The Authority shall, in collaboration with the designated cybersecurity regulator, ensure the\nprotection of electronic communications infrastructure from cyber threats.\n(7) An operator or service provider shall:\n(a) implement minimum cybersecurity standards and protocols as issue d by the Authority in\ncollaboration with the cybersecurity regulator;\n(b) report cybersecurity incidents to the Computer Emergency Response Team (CERT) within\n24 hours of detection;\n(c) cooperate with national authorities on threat intelligence sharing and coordinated responses.\n(8) The Minister may, on the advice of the sector regulator, designate certain communications\nnetworks as \u201ccritical electronic infrastructure \u201d and impose enhanced obligations, including\nrequirements relating to redundancy, encryptio n, and periodic audits.\n(9) Electronic communications operators shall implement call -filtering and spam -detection\nprotocols, including AI -based call analysis tools, subject to approval by the Authority and data\nprotection compliance certification by the Data Protection Commission.\n(10) The Authority shall issue regulations prescribing compliance standards, reporting\nobligations, and penalties for breach.\nDigital Services and Over -the-Top Applications\n27. (1) The Authority may establish a regulatory framework for Over -the-Top (OTT) services", + "(10) The Authority shall issue regulations prescribing compliance standards, reporting\nobligations, and penalties for breach.\nDigital Services and Over -the-Top Applications\n27. (1) The Authority may establish a regulatory framework for Over -the-Top (OTT) services\nto ensure compliance with national laws and fair competition.\n(2)The framework may require registration, transparency reporting, and cooperation with\nnational security and consumer protection regulations.\n(3) An Over -the-Top (OTT) service provider offering services in the Republic shall register\nwith the Authority in a manner prescribed by Regulations.\n(4) The Authority may require an OTT service provider to obtain a licence where the nature or\nscale of the service:\n(a) has significant public interest implications;\n(b) relies heavily on national infrastructure; or\n(c) involves digital financial transactions.\n(5) The Authority may, by Regulation\n(a) impose consumer protection, dispute resolution and data localisation obligations on OTT\n19 providers;\n(b) require the submission of revenue data for taxation compliance purposes;\n(c) establish minimum service quality and lawful interception requirements.\n(6) OTT providers shall comply with content moderation, takedown, and grievance redressal\nmechanisms as prescribed by the Authority.\nEnvironmental Compliance in Communications Infrastructure\n28. (1) A network operator or service provider shall comply with applicable environmental\nstandards in the installation, operation, and decommissioning of towers, masts, and associated\ninfrastructure.\n(2) The Authority shall issue guidelines on\n(a) mast co -location to reduce duplication;\n(b) electromagnetic emission limits in line with international sa fety standards;", + "standards in the installation, operation, and decommissioning of towers, masts, and associated\ninfrastructure.\n(2) The Authority shall issue guidelines on\n(a) mast co -location to reduce duplication;\n(b) electromagnetic emission limits in line with international sa fety standards;\n(c) procedures for decommissioning obsolete infrastructure and site restoration.\n(3) A failure to comply with this section may attract sanctions, including but not limited to\nsuspension or revocation of the relevant authorisation or licence , administrative penalties, or\nany other enforcement measures as may be determined by the Authority\nMarket conduct and competition\n29. (1) A licensee or holder of a frequency authorisation shall not engage in conduct that has\nthe purpose or effect of substantially lessening competition, including\n(a) predatory pricing;\n(b) refusal to supply essential facilities;\n(c) bundling services to disadvantage competitors;\n(d) abuse of dominant position.\n(2) The Authority may impose structural or behavioural rem edies to address anti -competitive\nconcerns .\nConsumer protection\nDuty to carry out consumer research\n30. (1) The Authority shall periodically ascertain public opinion on the performance of service\nproviders and network operators .\n(2) The Authority shall\n(a) publish the results of research that it carriers out or that is carried out on its behalf on\nits website and in any other manner that it considers appropriate to bring the results to the\nattention of the public ; and\n(b) take account of the results o f the research in performing its functions.\nDuty to consult consumers\n31. (1) The Authority shall establish and maintain effective arrangements for consultation with\nconsumers on the performance of its functions.", + "attention of the public ; and\n(b) take account of the results o f the research in performing its functions.\nDuty to consult consumers\n31. (1) The Authority shall establish and maintain effective arrangements for consultation with\nconsumers on the performance of its functions.\n(2) The Authority shall create a mechan ism for dealing with complaints or concerns of\nconsumers of telecommunication services and shall bring the complaints or concerns to the\nattention of network operators and service providers.\nDuty to establish a Consumer Code\n32. (1) The Authority shall prepare a Consumer Code on its own or in conjunction with the\nIndustry Forum which shall include procedures for\n(a) reasonably meeting consumer requirements ;\n20 (b) the handling of customer complaints and disputes and for the compensation of\ncustomers in ca se of a breach of the Consumer Code ; and\n(c) the protection of consumer information.\n(2) The Consumer Code may provide for\n(a) the provision of information to customers on services, rates and performance ;\n(b) the provision of technical support to custo mers and repair of faults ;\n(c) advertisement of services ; and\n(d) customer charging, billing, collection and credit practices.\n(3) The Consumer Code shall be published on the website of the Authority.\nNet Neutrality\n33(1) Network providers shall treat all data on their networks equally, without discrimination,\nrestriction, or interference, regardless of the sender, recipient, type, or content of the data.\n(2) Exceptions shall apply only where reasonable traffic management practices are necessary\nto main tain network integrity or comply with lawful requirements.\n(3) A service provider or network operator shall treat all lawful internet traffic equally, without", + "(2) Exceptions shall apply only where reasonable traffic management practices are necessary\nto main tain network integrity or comply with lawful requirements.\n(3) A service provider or network operator shall treat all lawful internet traffic equally, without\ndiscrimination, restriction or interference, regardless of the sender, recipient, content,\napplic ation, service or device used.\n(4) A service provider shall not:\n(a) block, throttle or otherwise restrict access to lawful content, applications or services, except\nas required by law or in accordance with guidelines issued by the Authority;\n(b) prioritis e traffic or offer paid prioritisation arrangements that benefit certain content\nproviders or applications over others, unless expressly permitted by the Authority in the public\ninterest.\n(5) The Authority shall issue guidelines on traffic management pract ices and fair access\nprinciples.\n(6) A breach of this section constitutes a material contravention of this Act and may attract\nadministrative penalties or licence suspension .\nData Protection and Privacy Obligations\n34(1) A licensee shall comply with the Data Protection Act, 2025 (Act\u2026..) in their collection,\nprocessing, and storage of personal data.\n(2) A licensee shall implement measures to safeguard personal data against unauthori sed\naccess, use, disclosure, or destruction.\n(3)The Authority may issue sector -specific data protection guidelines in consultation with the\nData Protection Commission.\n(4) Service providers shall retain call metadata only to the extent required by law for\nnational security or billing purposes, subject to a maxi mum retention period defined by the\nAuthority in consultation with the Data Protection Commission.\n(5) Telecommunication service providers shall implement subscriber verification systems that", + "Data Protection Commission.\n(4) Service providers shall retain call metadata only to the extent required by law for\nnational security or billing purposes, subject to a maxi mum retention period defined by the\nAuthority in consultation with the Data Protection Commission.\n(5) Telecommunication service providers shall implement subscriber verification systems that\nare interoperable with national identity databases, subject to o versight by the Authority and in\ncompliance with the Data Protection Act.\n(6) Biometric data collection under subsection ( 5) shall be subject to a prior data protection\nimpact assessment in accordance with the Data Protection Act and any guidelines issued by\nthe Data Protection Commission.\nIndustry Forum\nEstablishment of Industry Forum\n21 35. (1) There is established under this Act, an Industry Forum which is a platform that\nperiodically brings the industry together to discuss matters of common interest to the industry.\n(2) The Authority may designate a body by notice within the industry to be the facilitator\nfor the Forum if the Authority is satisfied that the body\n(a) is capable of performing the function required under this section ;\n(b) has the administrative capacity to facilitate the Forum ; and\n(c) has agreed in writing to be the facilitator for the forum.\n(3) A network operator, service provider or an electronic communications equipment\nmanufacturer or dealer may participate in the activities of the Forum.\n(4) The Authority may decide that a body that was previously designated to be the\nfacilitator for the Forum shall no longer be the facilitator if the Authority is satisfied that the\nbody has ceased to meet the requirements set out in subsec tion (2).\n(5) A designation or withdrawal of designation under this section shall take effect from the", + "facilitator for the Forum shall no longer be the facilitator if the Authority is satisfied that the\nbody has ceased to meet the requirements set out in subsec tion (2).\n(5) A designation or withdrawal of designation under this section shall take effect from the\ntime specified by the Authority.\n(6) Until the Authority designates a facilitator, the Authority shall facilitate the meetings of\nthe Forum.\n(7) The Minister and the Authority shall participate in the\nForum as observers.\nIndustry Code\n36. (1) An Industry Forum may\n(a) on its own initiative ; or\n(b) upon request by the Authority,\nprepare a voluntary industry code to deal with a matter provided for in this Act.\n(2) The code is not effective until it is registered by the Authority.\n(3) The Authority shall register a voluntary industry code if it is consistent with\n(a) the objects of the Authority,\n(b) Regulations, standards and guidel ines made under this Act, and\n(c) the provisions of this Act which are relevant to the particular matter or activity.\n(4) The Authority may refuse to register a code if the Authority is satisfied that sufficient\nopportunity for public consultation has no t been given in the development of the code by the\nForum.\n(5) If registration of the code is refused, the Authority shall notify the Forum in writing and\nprovide the reasons for the refusal within thirty days of the refusal.\n(6) If the Authority\n(a) fails to register a code within thirty days after the date that the code was submitted for\nregistration ; and\n(b) does not give the Forum notice of its refusal to register the code and the reasons for the", + "(6) If the Authority\n(a) fails to register a code within thirty days after the date that the code was submitted for\nregistration ; and\n(b) does not give the Forum notice of its refusal to register the code and the reasons for the\nrefusal within the required period the Authority sh all be deemed to have registered the code.\nRural communication services\nAccess to frequency spectrum\n37. The Authority shall cater for rural communication services in its role as manager of the\nradio spectrum resource but shall take into consideration the freedom of choice of technology\nby the network operator.\nTariffs for rural communication services\n38. (1) The Authority shall ensure that the principle of special interconnect applies to\nagreements for the provision of rural telecommunications services.\n22 (2) Calls to rural areas shall not be priced higher as a result of a special interconnection\nagreement.\nRoad works and access to land Road works\n39. (1) A network operator may in connection with its operations\n(a) install or maintain a facility ; and\n(b) remove a facility\n(i) in or over a road or public ground ; or\n(ii) on the shore or the bed of the sea, in accordance with the regulations of the Town and\nCountry Planning Department, the Land (Statutory Wayleaves) Act, 1963 (Act 186) an d any\nother relevant law.\n(2) A network operator shall before carrying out road works under subsection (1),\n(a) obtain from the relevant authorities plans showing the utility installations that might be\naffected ;\n(b) submit detailed plans of the intende d road works to each utility installation owner likely\nto be affected by the works ;\n(c) first obtain written permission from the affected utility installation owner for road", + "(a) obtain from the relevant authorities plans showing the utility installations that might be\naffected ;\n(b) submit detailed plans of the intende d road works to each utility installation owner likely\nto be affected by the works ;\n(c) first obtain written permission from the affected utility installation owner for road\nworks that might affect a utility installation ;\n(d) notify the Authority of inte nded road works ; and\n(e) obtain an environmental clearance certificate from the Environmental Protection\nAgency.\n(3) Where a network operator fails to obtain the permission of a utility installation owner\nunder subsection (2) paragraph (c), and there is a dispute, the Authority shall resolve the dispute .\n(4) The Authority on receipt of a notice under subsection (2) paragraph (d), shall notify\nother operators or public utilities of the intended road works and inquire whether they have an\nintention to undert ake similar road works.\n(5) Before carrying out road works, a network operator shall publish a description of the\nworks in both electronic and print media in the locality in which the road works are to be carried\nout and shall inform affected persons by a means specified by the Authority.\n(6) Road works shall not commence until after the expiration of fourteen days from the\ndate of the receipt of the permission and the environmental clearance certificate.\n(7) The licensee may with the approval of the Aut hority dispense with the requirement set\nout in subsection (6) in the event of an emergency.\n(8) A network operator may dispense with the requirement of subsection (2) paragraph (c)\nwhere the Authority certifies in writing that the intended road works are necessitated by an", + "out in subsection (6) in the event of an emergency.\n(8) A network operator may dispense with the requirement of subsection (2) paragraph (c)\nwhere the Authority certifies in writing that the intended road works are necessitated by an\nemergency.\n(9) A network operator or public utility notified under subsection (4) shall not carry out\nroad works within three months after the receipt of the notice except where the network\noperator or public utility proves to the satis faction of the Authority the necessity of carrying\nout emergency works.\n(10) The network operator shall carry out the removal or alteration of utility installation and\nwhere the affected utility installation owner carries out the removal or alteration, th e cost shall\nbe borne by the network operator.\nRepair and restoration\n40. (1) Where a network operator damages a utility installation in the process of carrying out\nroad works, the operator shall immediately notify the utility installation owner and repair the\ndamage to the utility installation within two weeks and the costs arising from the repairs shall\nbe borne by the network operator.\n23 (2) A network operator shall, complete road works and restore the road and public grounds,\nincluding the removal of debris, to the satisfaction of the relevant authority as quickly as\npossible and within two weeks after completion of the road works.\n(3) A network operator which fails to comply with subsection (2) is liable for the\nexpenditure incurred in the restoratio n of the road and public grounds and for any other loss\ncaused to another person.\nAccess to lands for inspection and maintenance\n41. (1) An operator duly authorised in writing by the relevant authority may, at any reasonable", + "expenditure incurred in the restoratio n of the road and public grounds and for any other loss\ncaused to another person.\nAccess to lands for inspection and maintenance\n41. (1) An operator duly authorised in writing by the relevant authority may, at any reasonable\ntime, enter and survey publi c land in order to ascertain whether the land is suitable for the\noperation of the operator's electronic communications network.\n(2) Where, in the exercise of the power conferred by this section,\n(a) damage is caused to land or to chattels ; or\n(b) a person is disturbed in the enjoyment of land or chattel, the operator shall make good\nthe damage or pay compensation for the damage to or disturbance of the person whose interest\nin the land or chattels has been affected.\n(3) An operator in the inspection of land, installation of facilities, or maintenance of\nfacilities shall\n(a) act in accordance with good engineering practice ;\n(b) protect the environment ;\n(c) protect the safety of persons and property ; and\n(d) ensure that the activity as far as pract icable does not interfere with the operations of a\npublic utility, road, path, the movement of traffic, or the use of public grounds.\nInstallation of facilities on private land or buildings\n42. (1) An operator may install and maintain facilities along, on or over land or in a building\nand may enter any land or place, maintain a facility and repair or renew a facility on that land\nor place.\n(2) A network operator who wishes to install a facility on private land or building shall\n(a) obtain the permissio n of the landowner ; and", + "and may enter any land or place, maintain a facility and repair or renew a facility on that land\nor place.\n(2) A network operator who wishes to install a facility on private land or building shall\n(a) obtain the permissio n of the landowner ; and\n(b) pay the mutually agreed compensation to the landowner for the access to the land.\n(c) furnish the Authority with a acopy of the terms mutually agreed upon by the Parties,\nwhich shall include provision on duration of the agreement, renewal and decommissioning or\nremoval terms.\n(3) In furtherance of the installation, a network operator\n(a) may lop or trim a tree that in its opinion is likely to damage or obstruct its\nfacility ;\n(b) shall avoid causing damage to property or a person and shall pay full compensation for\nany damage sustained by any person because of the installation ; and\n(c) shall not\n(i) place a facility on private land or in a building in a manner that interferes with or\nobstructs any business or cultivation on adjoining land or the use of adjoining land by the\noccupier of that land ; or\n(ii) lop or trim a tree on the land, if it has not given at least fourteen days written notice to\nthe owner or occupier of the adjoining land or building, specifying the work to be done and\nadvising the owner or occupier of that owner's or occupier's right to give notice of an objection\nto the Authority.\n(4) An owner or occupier or the agent of an owner or occupier of land or building who", + "advising the owner or occupier of that owner's or occupier's right to give notice of an objection\nto the Authority.\n(4) An owner or occupier or the agent of an owner or occupier of land or building who\nreceives notice of a network operator \u2019s intention to place a facility on the land or building may\nwithin fourteen days after receipt of the notice object to the notice by writing to the Authority\n24 and the operator shall not proceed with the work or the part that is objected to until authorised\nby the Authority to do so.\n(5) Where there is disagreement over the amount of compensation to which a landowner is\nentitled or where there is a dispute relating to the installation or maintenance of a facility on or\nover land or in a building, the matter shall be referred to the Authority.\n(6) A network operator shall, to the extent feasible, provide access to its facilities to other\nnetwork operators in accordance with section 19 and shall co -ordinate its installation or\nmaintenance of facilities on or over private land or in a private building with other operators.\n(7) The rights of an owner of land or pro perty under this section does not limit any other\nrights or reliefs that the owner has at law.\nRadio frequency spectrum management\nRadio Frequency Spectrum\n43. (1) The Authority shall control, plan, administer, manage and license the radio\nfrequency sp ectrum for communication s and other purposes that require spectrum .\n(2) The Authority shall comply with the applicable standards and requirements of the\nInternational Telecommunication Union and its Radio Regulations, as agreed to or adopted by\nthe Republic in controlling, planning, administering, managing and licensing the use of the\nradio frequency spectrum.", + "(2) The Authority shall comply with the applicable standards and requirements of the\nInternational Telecommunication Union and its Radio Regulations, as agreed to or adopted by\nthe Republic in controlling, planning, administering, managing and licensing the use of the\nradio frequency spectrum.\n(3) The Authority shall allocate , allot and assign the uses of the radio frequency spectrum\nof the communications sector in a manner that pro motes the economic and orderly utilisation\nof frequencies by electronic communications networks and services.\n(4) The Authority shall, in cooperation and consultation with the users of the spectrum in\nthe electronic communications sector in the country, develop and adopt a spectrum plan for the\nallocation of the uses of the spectrum.\n(5) The Authority shall consult bilaterally, regionally and internationally in developing the\nspectrum plan and in the co -ordination of the use of frequencies.\n(6) The Autho rity shall make, the spectrum plan available to a member of the public if that\nmember pays the fee specified by the Authority.\n(7) The spectrum plan shall state how the spectrum shall be used and the procedures that\nthe Authority is to use to determine an application for authorisation to use a frequency band for\ntelecommunication services.\n(8) The procedure referred to in subsection ( 7) may include granting the authorisation for\nthe use of the frequency band\n(a) through auction ;\n(b) through tender ;\n(c) at a fixed price ; or\n(d) based on stated criteria.\nAllocation of frequency bands\n44. (1) Subject to subsection (2) and despite any frequency authorisation granted by the\nAuthority, the Authority may, in accordance with the spectrum plan, assign and reassign a radio\nfrequency spectrum a frequency band.", + "(d) based on stated criteria.\nAllocation of frequency bands\n44. (1) Subject to subsection (2) and despite any frequency authorisation granted by the\nAuthority, the Authority may, in accordance with the spectrum plan, assign and reassign a radio\nfrequency spectrum a frequency band.\n(2) The Authority shall give priority to the needs of the Government in respect of matters\nof national security in the allocation and re-allocation of a frequency band.\n(3) The Authority may terminate a frequency authorisation if the authorisation holder refuses\nto migrate to the new technology as a result of change of technology.\nConsiderations for allocation of frequency\n25 45.The Authority in performing its functions under sections 43, and 44 shall take into account\n(a) the impact of the spectrum plan on existing and future use ;\n(b) the efficient use of the spectrum ;\n(c) any applicable regional agreements, standards and arrangement ;\n(d) any applicable international standards, International Telecommunication Union\nTreaties and other international agreement ; and\n(e) any other relevant matters having regard to the circumstances of the case.\nFrequency monitoring stations .\n46. The Authority may operate frequency monitoring stations to\n(a) monit or the use of the frequency spectrum ; and\n(b) carry out a technical function necessary for fulfilling the requirements of the Radio\nRegulations of the International Telecommunication Union.\nHarmful interference\n47. (1) A person shall not operate a faci lity, terminal equipment or other equipment in a\nmanner that is likely to cause harmful interference except as is necessary on the grounds of\nnational security.\n(2) Where the Authority is of the opinion that the use of a facility, terminal or other", + "manner that is likely to cause harmful interference except as is necessary on the grounds of\nnational security.\n(2) Where the Authority is of the opinion that the use of a facility, terminal or other\nequipm ent is likely to cause or has caused or is causing harmful interference, the Authority\nmay\n(a) serve notice on the person in possession of the facility, terminal equipment or other\nequipment requiring that person to cease the use of the facility, terminal or equipment within\nseven days from the date of service of the notice ; or\n(b) impose limits as to when the facility, terminal, equipment or other equipment may be\nused, and whether or not reasonable steps have been taken to minimise the interference .\nSpace segment\n48. The Authority shall ensure that access to the space segment is made available on a non -\ndiscriminatory and equitable basis in allocating frequency bands for electronic communications\nservices that use satellite systems.\nThe National Elec tronic Communications Numbering Plan\nEstablishment of the National Electronic Communication s Numbering Plan\n49.(1) The Authority shall establish, control, and manage a National Electronic\nCommunication s Numbering Plan for network and applications services.\n(2) The plan may set out for network and applications services conditions which include\n(a) the use of different numbers for different kinds of service including emergency services ;\n(b) the assignme nt of numbers ;\n(c) the transfer of assigned numbers, ;\n(d) the use of assigned numbers ;\n(e) requirements for network service providers and applications service providers to\nmaintain a plan to assign and reassign numbers ;\n(f) the portability of assigned numbers ; and\n(g) the rates which may be imposed by the Authority for the assignment and transfer of\nnumbers.", + "(e) requirements for network service providers and applications service providers to\nmaintain a plan to assign and reassign numbers ;\n(f) the portability of assigned numbers ; and\n(g) the rates which may be imposed by the Authority for the assignment and transfer of\nnumbers.\n(3) The Authority shall publish in the Gazette the National Electronic Communications\nNumbering Plan which shall specify\n26 (a) the numbers that th e Authority has determined to be available for allocation as\ntelephone numbers ;\n(b) restrictions that the Authority considers appropriate for the adoption of numbers\navailable for allocation in accordance with the plan ; and\n(c) restrictions that the Auth ority considers appropriate for all other uses to which numbers\navailable for allocation in accordance with the plan may be put.\n(4) The Authority shall periodically but in any case within two years review the National\nElectronic Communications Numbering Plan.\n(5) Subject to subsection (3), the Authority shall publish the plan on its website and in any\nother manner that appears to the Authority to be appropriate to bring the contents of the plan to\nthe attention of the general public.\nTermina l equipment and technical standards\nTerminal equipment\n50. (1) Any terminal equipment sold or otherwise provided in this country may be\nconnected to a public electronic communications network if the Authority certifies that the\nterminal equipment\n(a) is safe for the user ;\n(b) is in compliance with international standards, and environmental, health and safety\nstandards including standards for electromagnetic radiation and emissions ;\n(c) meets the requirements of electromagnetic compatibility provisions of international\ntreaties relating to electronic communications ;\n(d) does not pose a risk of physical harm to the network ;\n(e) effectively utilises the electromagnetic spectrum and prevents interference between", + "standards including standards for electromagnetic radiation and emissions ;\n(c) meets the requirements of electromagnetic compatibility provisions of international\ntreaties relating to electronic communications ;\n(d) does not pose a risk of physical harm to the network ;\n(e) effectively utilises the electromagnetic spectrum and prevents interference between\nsatellite and terrestrial -based systems and between terrestrial systems ; and\n(f) is compatible with the network.\n(2) The Authority, in certifying terminal equipment under subsection (1), may recognise\nsimilar approvals from other jurisdictions that it may specify.\n(3) Terminal equipment certifi ed under this section shall bear labels or other markings\ndetermined by the Authority.\n(4) The Authority may regulate, prohibit the sale or other distribution or connection of\nterminal equipment or other device that is provided in the country primarily fo r the purposes\nof circumventing, or facilitating the circumvention of a requirement of this Act.\n(5) After the commencement of this Act, the Authority shall, as soon as reasonably\npracticable, specify the means by which terminal equipment and other access ories shall be\nprovided and charged to users separately for the provision of public electronic communications\nservices.\nTechnical standards\n51.(1) Licensees and authorisation holders may implement technical standards that they\nconsider appropriate and w hich are in conformity with accepted international standards.\n(2) Despite subsection (1), the Authority may identify, adopt or establish and require\nconformance to such technical standards as may be prescribed by Regulation , specify technical\nstandards in Regulations or where necessary, require conformity to a stated standard.\n(3) Such regulations may contain safety limits for electromagnetics compatibility and the", + "conformance to such technical standards as may be prescribed by Regulation , specify technical\nstandards in Regulations or where necessary, require conformity to a stated standard.\n(3) Such regulations may contain safety limits for electromagnetics compatibility and the\nAuthority shall ensure that electronic communication equipment authori sed for use is within\nthe safety limits set by the Authority.\nTesting and inspection\n27\nPower to request information\n52.The Authority may require a licensee, special licensee, authorisation holder or any other\nperson, to supply information, including specifi c answers to questions submitted to the\nlicensee, special licensee, authorisation holder or that other person, concerning\n(a) an electronic communications network ;\n(b) the use of the spectrum for which the licence, special licence or the frequency\nauthor isation has been granted ;\n(c) the operation of equipment or works carried out in relation to the network ;\n(d) the use of the licensee's or special licensee's electronic communications network or\nservice ;\n(e) operational and financial information ; or\n(f) other information the Authority may consider relevant.\nPre-installation testing\n53. (1) The Authority shall determine whether terminal equipment or any other equipment\nfulfils the criteria stipulated in this Act or Regulations in order to certify or approve the terminal\nequipment or other equipment to be installed or used for the network or service of\n(a) a public electronic communications network ;\n(b) a public electronic communications service ; or\n(c) a broadcasting service.\n(2) In order to make the det ermination , the Authority may require that the equipment be\ntested in a manner that it may specify.\n(3) The Authority may waive the requirement for testing after consultation with the", + "(c) a broadcasting service.\n(2) In order to make the det ermination , the Authority may require that the equipment be\ntested in a manner that it may specify.\n(3) The Authority may waive the requirement for testing after consultation with the\nlicensee, special licensee or authorisation holder, if it satisfied tha t the equipment has been\ncertified in accordance with international standards.\nStandards for testing\n54.A test under section 53 shall be conducted in accordance with international standards and\nother standards prescribed by the Authority in Regulations.\nEntry, search and inspection\n55. (1) An authorised officer of the Authority may enter a place, vehicle, vessel, aircraft, or\nother contrivance from which electronic communications network or service is operated or\nprovided, or from which a person is using a spectrum for telecommunications at a reasonable\ntime and\n(a) test equipment or an article found in the place, vehicle, vessel, aircraft or other\ncontrivance which is used or intended to be used to operate an electronic communications\nnetwork, prov ide electronic communications service or which uses a spectrum ;\n(b) examine the records or other documents related to the operation of the electronic\ncommunications network, the provision of the electronic communications service or the use of\nthe spectrum ;\n(c) search for equipment, articles, books, records or documents that may provide evidence\nof\n(i) contravention of this Act or of Regulations ; or\n(ii) breach of a condition of the licence or frequency authorisation where necessary with\nthe assistance o f any other person authorised for the purpose by the Authority ;\n(d) require the owner or person in charge of the place, vehicle, vessel, aircraft, or other", + "(ii) breach of a condition of the licence or frequency authorisation where necessary with\nthe assistance o f any other person authorised for the purpose by the Authority ;\n(d) require the owner or person in charge of the place, vehicle, vessel, aircraft, or other\ncontrivance to give the authorised officer the reasonable assistance required for the examination\nor search of the place, vehicle, vessel, aircraft or other contrivance ; and\n28 (e) seize and take away equipment, articles, books, records or documents if it appears that\nthere has been\n(i) a contravention of this Act or of any Regulation or\n(ii) a breach o f condition of licence or frequency authorisation,\nand lodge the items seized with the Authority.\n(2) In furtherance of subsection (1), the personnel of the Authority may be accompanied by\na police officer.\n(3) A licensee or authorisation holder shall p roduce the licence or frequency authorisation\nfor inspection on request by an authorised officer of the Authority.\n(4) Any equipment seized or confiscated under subsection ( 1), paragraph (e) shall be\nretained by the Authority for purpose of investigation, enforcement or legal proceeding s.\n(5) The Authority shall not be required to return seized equipment where\n(a) the return would constitute an ongoing violation of the law; or\n(b) the equipm ent poses a risk to public safety, security, or regulatory risk, as may be\ndetermined by the Authority.\n(6) Wher e an equipment has been retained by the Authority for a period of at lea st twelve\n(12) months, the Authority may, after conducting an administr ative review and determining", + "determined by the Authority.\n(6) Wher e an equipment has been retained by the Authority for a period of at lea st twelve\n(12) months, the Authority may, after conducting an administr ative review and determining\nthat the equipment is no longer required for investigation, enforcement , regulatory purposes\nor legal proceedings, and that its continued retention or return is not in the public interest,\ndispose of the equipment in a manner determined by the Authority.\nEnforcement powers of the Authority\nEnforcement powers of the Authority\n56. (1) The Authority may in furtherance of its functions\n(a) require the production of a document and information by a licensee ;\n(b) apply to a District Magistrate for a warrant authorising the Authority or any other\nperson named in the warrant\n(i) to search premises and to break open and search any cupboard, drawer, container or\nother receptacle, whether a fixture or not, in the premises, and\n(ii) to take possession of, or secure against interference, any book which appears to be a\nbook which the Authority has asked to be produced, if the Authority has reasonable grounds to\nbelieve that a document it has requested to be produced is on any premis es but has not been\nproduced,\n(c) require attendance and examination of a witness ;\n(d) issue restraining orders in the event of a breach of a condition of a licence ;\n(e) impose a pecuniary penalty on a licensee for breach of a condition of a licence ; and\n(f) assess and award damages to be paid by a licensee to a third party injured as a result of\nthe breach by the licensee of the licence conditions.", + "(e) impose a pecuniary penalty on a licensee for breach of a condition of a licence ; and\n(f) assess and award damages to be paid by a licensee to a third party injured as a result of\nthe breach by the licensee of the licence conditions.\n(2) The powers conferred under subsection (1) are in addition to, and not in derogation of,\nany other powers conferred by the Criminal and Other Offences (Procedure) Act, 1960 (Act\n30) that relate to the search of premises.\n(3) In this section \u201cpremises \u201d includes any structure, building, place, aircraft, vehicle or\nvessel.\n(4) The Authority shall specif y by periodic notices in the Gazette and on its website the\ncircumstances under which a pecuniary penalty and other penalties may be imposed and the\nbasis on which they may be calculated.\nOffences\nOffences\n29 57. (1) A person who\n(a) intentionally or negligently fails to comply with or acts in contravention of this Act ;\n(b) intentionally or negligently fails to comply with prescribed standards and requirements\nfor the use of radio spectrum ;\n(c) provides electronic communications service without a licence where a licence is\nrequired for that service ;\n(d) intentionally or negligently uses equipment in a manner that causes harmful\ninterference ;\n(e) intentionally or negligently obstructs or interferes with the sending, transmission,\ndelivery or recep tion of communication ;\n(f) intercepts or procures another person to intercept, without the authorisation of the\nprovider or user, or a court order, or otherwise obtains or procures another person to obtain,", + "delivery or recep tion of communication ;\n(f) intercepts or procures another person to intercept, without the authorisation of the\nprovider or user, or a court order, or otherwise obtains or procures another person to obtain,\nunlawful access to communication transmitted ove r electronic communications network ;\n(g) uses, or attempts to use, the content of any communication, knowing or having reason\nto believe that the content was obtained through unlawful interception or access under\nparagraph (e),\n(h) is not the sender or intended recipient of a transmitted message or data but who\ninterferes with, alters or modifies, diverts, unlawfully discloses or decodes the transmitted\nmessage or data, or facilitates the commission of these act,\n(i) steals a transmitted message or data ;\n(j) sells;\n(i) or manufactures any system, equipment, card, plate or other device ; or\n(ii) offers for sale, produces, distributes electronic communication service,\nwithout licence ; or\n(k) wilfully obstructs, hinders, molests or assaults personnel of the Authority duly engaged in\nthe exercise of power conferred on the Authority under this Act or the National\nCommunications Authority Act, 20 25 (Act\u2026), commits an offence and is liable on summary\nconviction to a fine of not more than three thousand pena lty units or to a term of imprisonment\nof not more than five years or to both.\n(2) Where an offence is committed by a corporate entity that entity is liable to a fine of not\nmore than nine thousand penalty units and each director of that entity shall be deeme d to have\ncommitted the offence.", + "of not more than five years or to both.\n(2) Where an offence is committed by a corporate entity that entity is liable to a fine of not\nmore than nine thousand penalty units and each director of that entity shall be deeme d to have\ncommitted the offence.\n(3) Despite subsection (1), the Authority may, where a person has breached this Act, or\nRegulations or where a licensee, a special licensee or an authorisation holder has breached a\ncondition contained in its li cence, special licence or frequency authorisation\n(a) warn the person, licensee, special licensee or authorisation holder ;\n(b) issue a cease and desist order ;\n(c) apply to the High Court for\n(i) an injunction to restrain the person, licensee, special licensee or authorisation holder\nfrom continuing the breach ; or\n(ii) other appropriate order to enforce compliance with this Act ;\n(d) propose amendments to the licence or frequency authorisation in accordance with this\nAct;\n(e) suspend or terminate the licence or f requency authorisation in accordance with this Act ;\nor\n(f) take any other action that it considers appropriate and that is not contrary to this Act or the\nNational Communications Authority Act, 2025 (Act \u2026).\n(4) Despite subsection (1), a network operator or service provider may intercept any\ncommunication that is transmitted over its network or service,\n(a) if the interception is required to\n30 (i) install, maintain or test equipment used or intended for use in the operation of the\nnetwork or the provision of the service ;\n(ii) monitor the network or service quality ;", + "communication that is transmitted over its network or service,\n(a) if the interception is required to\n30 (i) install, maintain or test equipment used or intended for use in the operation of the\nnetwork or the provision of the service ;\n(ii) monitor the network or service quality ;\n(iii) bill and collect charges from the sender or recipient of the communication ;\n(iv) protect the network or service from harm ;\n(v) protect users ; or\n(vi) protect other network operators or service providers from the fraudulent use of their\nnetworks or services ;\n(b) in furtherance of a Court order ; or\n(c) in compliance with an executive instrument issued by the President.\n5. (1) A person who uses a subscriber identity module (SIM) or user identity module (UIM) for\nterminating an international call on any network in Ghana as a local call, commits an offence\nand is liable on summary conviction to a fine of not more than three thousand penalty units for\neach SIM or UIM used in terminating the international call as a local call or to a term of\nimprisonment of not more than five years or to both.\n(2) Any person who deals in a pre -registered subscriber identity module or user identity'\nmodule, commits an offence and is liable on summary convictio n to a fine of not more than\nthree thousand penalty' units or to a term of imprisonment of not more than five years or to\nboth.\n(3) For the purposes of this section, a \u201cpre-registered subscriber identify \u2019 module or user\nidentity' module\" \u2019 means a module th at has been registered with the data of a person other than", + "both.\n(3) For the purposes of this section, a \u201cpre-registered subscriber identify \u2019 module or user\nidentity' module\" \u2019 means a module th at has been registered with the data of a person other than\nthe person who finally acquires the module for use on a network except as permitted by law.\nGiving false information\n58. A person who intentionally or negligently gives false or misleading infor mation to the\nAuthority , concerning matters relating to the objects and functions of the Authority, commits a\ncrime and is liable on summary conviction to fine of not less than two thousand penalty units\nand not more than five thousand penalty units, or to a term of imprisonment of not more than\nthree years, or to both.\nFalse signals\n59. A person who knowingly transmits or circulates false or deceptive distress, safety or\nidentification signals commits an offence and is liable on summary conviction to a f ine of not\nmore than three thousand penalty units or to a term of imprisonment of not more than five\nyears , or both.\nFalse communications\n60. (1) A person who by means of electronic communications service, knowingly sends a\ncommunication which is false or misleading and likely to prejudice the efficiency of life saving\nservice or to endanger the safety of any person, ship, aircraft, vessel or vehicle commits an\noffence and is liable on summary conviction to a fine of not more than three thousand penalty\nunits or to a term of imprisonment of not more than five years or to both.\n(2)A person is taken to know that a communication is false or misleading if that person did not\ntake reasonable steps to find out whether the communication was false, misleading, reckless or\nfraudulent.", + "units or to a term of imprisonment of not more than five years or to both.\n(2)A person is taken to know that a communication is false or misleading if that person did not\ntake reasonable steps to find out whether the communication was false, misleading, reckless or\nfraudulent.\n(3)Subsection (2) does not apply to the operator or provider of a network or service over which\na communication is sent.\nDamage to equipment\n61. A person who\n31 (a) recklessly, maliciously or negligently damages, removes or destro ys a communication\nfacility or infrastructure facility ; or\n(b) recklessly, intentionally or negligently interferes with, causes damage to, or accesses\nwithout authorisation a computer, switch or other facility used in connection with the operation\nor provision of electronic communications network or service, commits an offence, and\nis liable on summary conviction to a fine of not more than three thousand penalty units or to a\nterm of imprisonment of not more than five years or to both.\nRecovery of civil debt\n62. Without limits to the rights that a person may have at law, a person convicted of an offence\nunder this Act is liable for the expenses reasonably incurred in the repair, restoration or\nreplacement of a computer, switch or other facility dam aged, removed or destroyed by that\nperson and the expenses are recoverable as a civil debt.\nConfidentiality and disclosure of personal information\n63. A person who intentionally\n(a) discloses communication which that person knows was obtained in contra vention of\nthis Act ; or\n(b) uses or discloses personal information in contravention of this Act\ncommits an offence and is liable on summary conviction to a fine of not more than one thousand", + "(a) discloses communication which that person knows was obtained in contra vention of\nthis Act ; or\n(b) uses or discloses personal information in contravention of this Act\ncommits an offence and is liable on summary conviction to a fine of not more than one thousand\nfive hundred penalty units or to a term of imprisonment of not more than four years or both.\nRe-programming mobile telephones\n64. (1) A person commits an offence if that person\n(a) changes a unique device identifier ; or\n(b) interferes with the operation of a unique device identifier.\n(2) For the purposes of this section , a unique device identifier is an electronic equipment\nidentifier which is unique to a mobile wireless communications device.\n(3) A person does not commit an offence under this section if that person\n(a) is the manufacturer of the device ; or\n(b) does an act mentioned in subsection (1) with the written consent of the manufacturer of\nthe device.\n(4) A person who commits an offence under this section is liable on summary conviction\nto a fine of not more than three thousand penalty units or a term of imprisonment of not more\nthan five years or to both.\nPossession or supply of a device for re -programming purposes\n65. (1) A person commits an offence if\n(a) that person has custody or control of a device which may be used to change or interfere\nwith the operation of a unique device identifier ; and\n(b) there is reason to believe that that person intends to use the implement or device for an\nunlawful purpose or to allow it to be used for an unlawful purpose.\n(2) A person commits on offence if that person", + "with the operation of a unique device identifier ; and\n(b) there is reason to believe that that person intends to use the implement or device for an\nunlawful purpose or to allow it to be used for an unlawful purpose.\n(2) A person commits on offence if that person\n(a) supplies or offers to supply an implement or device which may be used for the purpose\nof changing or interfering with the operation of a unique device identifier ; and\n(b) ought to know that the person to whom the offer to supply the implement or device is\nmade intends to use it unlawfully or to allow it to be used unlawfully.\n(3) A person who commits an offence under this section is liable on summary conviction,\nto a fine of not more than one hundred and twenty -five penalty units or to impriso nment for a\nterm of not more than six months or both.\n32\nFees\n66. (1) Subject to the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080)\nthe Authority may charge fees for\n(a) an individual licence, licence, special licence or frequency author isation or renewal ;\nand\n(b) a document that it makes available to a member of the public or any service that it\nprovides.\n(2) Except as provided under this section, fees charged by the Authority shall be\ncommensurate with the cost of\n(a) carrying out th e functions of the Authority under this Act ;\n(b) administering the licence, special licence or frequency authorisation ; and\n(c) providing the service for which the fee is charged.\n(3) The fee for an individual licence may also be commensurate with the economic value\nof the licence.", + "(b) administering the licence, special licence or frequency authorisation ; and\n(c) providing the service for which the fee is charged.\n(3) The fee for an individual licence may also be commensurate with the economic value\nof the licence.\n(4) Where the cost of a licence fee may be a deterrent to rapid investment or development,\nthe Authority may waive the fee or impose only a nominal fee for specialised operators serving\nrural and low income communities or implementing development objectives consistent with\nnational policy.\n(5) The fees shall be published on the website of the Authority.\nRecovery of fees\n67. (1) A fee, penalty or other levy payable to the Authority under this Act, if not paid within\nthe stipulated time, shall become a civil debt and may be recovered by the Authority in the\nsame manner as a judgment of the High Court.\n(2) Without limiting subsection (1), a person who fails to pay a fee, penalty or other levy\npayable to the Authority within the stipulated time is liable to pay to the Authority a fine of one\nand a half percent of the amount due for each month or part of a month after the stipulated time\nthat the fee, penalty or other levy remained unpaid.\nResolution of disputes\nAuthority to establish a dispute resolution process\n68. (1) The Authority shall establish a structured dispute resolution mechanism that includes\nmediation, arbitration, and administrative adjudication.\n(2)The Authority shall publish annual statistics on disputes r esolved and enforcement\noutcomes.\n(3)The Authority shall establish a dispute resolution process to resolve\n(a) a dispute between or among different network operators or service providers,\n(b) a dispute between a network operator or service provider and a utility provider, and", + "outcomes.\n(3)The Authority shall establish a dispute resolution process to resolve\n(a) a dispute between or among different network operators or service providers,\n(b) a dispute between a network operator or service provider and a utility provider, and\n(c) a dispute between a network operator or service provider and a consumer.\n(4) Anyone or more of the parties to a dispute may refer the dispute to the Authority or for\nsettlement by any alternative dispute resolution mechanism.\n(5) Where parties to a dispute that relates to electronic communications agree that the\ndispute is to be settled by\n(a) the dispute resolution committee established under section 69, or\n(b) any alternative dispute resolution mechanism,\nthe parties shall not institute an action in court until the disoute resolution procedure has been\nexhausted.\n33 Dispute Resolution Committee\n69. (1) The Board shall establish a Dispute Resolution Committee for the purpose of the\nresolution of disputes.\n(2) The compo sition of the Committee shall be determined by the Board.\n(3) The Committee shall expeditiously investigate and hear any matter which is brought\nbefore it.\n(4) The Authority shall determine the period within which disputes may be settled.\n(5) The Commit tee may require evidence or arguments to be presented in writing and may\ndecide the matters upon which it will hear oral evidence or written arguments.\n(6) A party to a dispute may appear at the hearing and may be represented by a lawyer or\nanother person of that person's choice.\nPowers of the committee\n70. (1) The Dispute Resolution Committee may\n(a) issue summons to compel the attendance of witnesses,\n(b) examine witnesses on oath, affirmation or otherwise,", + "another person of that person's choice.\nPowers of the committee\n70. (1) The Dispute Resolution Committee may\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, a nd\n(d) refer a person for trial at the High Court for contempt.\n(2) A summons issued by the Committee shall be under the hand of the Secretary of the\nAuthority.\nResolution of referred disputes\n71. The Committee may, in settling a dispute\n(a) make a declaration setting out the rights and obligations of the parties to the dispute,\n(b) make provisional or interim orders or awards related to the matter or part of the matter,\nor give directions in furtherance\nof the hearing,\n(c) dismiss or refrain from hearing or determining a matter in whole or in part if it appears\nthat the matter or part of the matter, is trivial or vexatious or that further proceedings are not\nnecessary or desirable in the public interest,\n(d) in appropriate circumstances, orde r any party to pay the reasonable costs and expenses\nof another party, including the expenses of witnesses and fees of lawyers, in bringing the matter\nbefore the Authority, and\n(e) generally give directions and do anything that is necessary or expedient f or the hearing\nand determination of the matter.\nElectronic Communications Tribunal\nEstablishment of the Electronic Communications Tribunal\n72. There is established an appeal tribunal to be called the Electronic Communications Tribunal\nwhich shall be convened on an ad -hoc basis to consider appeals against\n(a) decisions or orders made by the Authority or to review a particular matter under a\nlicence, this Act or Regulations, and", + "72. There is established an appeal tribunal to be called the Electronic Communications Tribunal\nwhich shall be convened on an ad -hoc basis to consider appeals against\n(a) decisions or orders made by the Authority or to review a particular matter under a\nlicence, this Act or Regulations, and\n(b) decisions of the Dispute Resolution Committee of the Authority.\nCom position of the Tribunal\n73. (1)'The members of the Tribunal shall be appointed by the Minister and shall consist of\n(a) a chairperson who is either a retired Justice of the Superior Court or a lawyer of at least\nfifteen years standing who has experience in telecommunication law, policy, regulations or\narbitration, and\n34 (b) two other members with knowledge of and experience in the electronic communications\nindustry, electronic engineering, law, economics or business or public administration.\n(2) The Mini ster shall appoint a registrar and other staff necessary for the smooth\noperations of the Tribunal.\n(3) The Tribunal shall sit on an ad -hoc basis, and the expenses incurred by the Tribunal shall\nbe charged to the income of the Authority and included as part of the Authority\u2019s annual budget.\n(4) Members and staff of the Tribunal shall be entitled to remuneration only for sittings held\nfor the hearing and determination of cases .\nRules of procedure of the Tribunal\n74.(1) The Board shall, within thirty day s of the commencement of this Act, prepare proposals\nfor rules of procedure for the Tribunal.\n(2)The proposals shall be approved by a panel of the Tribunal specifically convened for the\npurpose.\n(3)The Board shall by legislative instrument make Regulatio ns under this Act which shall\nprescribe the approved rules.\nRight of appeal", + "for rules of procedure for the Tribunal.\n(2)The proposals shall be approved by a panel of the Tribunal specifically convened for the\npurpose.\n(3)The Board shall by legislative instrument make Regulatio ns under this Act which shall\nprescribe the approved rules.\nRight of appeal\n75.(1) A person affected by a decision of the Authority or the Dispute Resolution Committee\nmay appeal against it by sending a notice of appeal to the Tribunal in accordance with the rules\nof procedure of the Tribunal.\n(2) The notice of appeal must be sent within twenty -eight days after the date the decision\nthat is 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 convened to\nconsider the appeal.\nDecisi ons of the Tribunal\n76.(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 in any\nmanner and subject to any conditions or limitations that it considers appropriate to impose.\n(3)The Tribunal may take into account any submissions filed by a person acting as a friend of\nthe Tribunal in reachi ng a decision on an appeal brought before it.\n(4) A decision of the Tribunal has the same effect as a judgement of the High Court.", + "(3)The Tribunal may take into account any submissions filed by a person acting as a friend of\nthe Tribunal in reachi ng a decision on an appeal brought before it.\n(4) A decision of the Tribunal has the same effect as a judgement of the High Court.\nAppeals against the decisions of the Tribunal\n77. (1) A party dissatisfied with a decision of the Tribunal may appeal to the Court of\nAppeal.\n(2) An appeal under this section shall relate only to a point of law arising from the decision\nof the Tribunal.\n(3) An appeal shall be made within ninety days after the decision of the Tribunal and there\nshall be no extension of time .\nGeneral provisions\n35\nServices provided from outside the Republic\n78. The Authority may take appropriate action where electronic communications service\nprovided in the Republic from outside the Republic jeopardises the provision of, or otherwise\ncompete s unfairly with a service licensed under this Act.\nBusiness operation rates\n79. (1) A district assembly shall with the approval of the Authority determine the rate to be\npaid by a network operator or service provider in respect of its business within the district.\n(2) The Environmental Protection A uthority , the District Assembly, the Ghana Atomic\nEnergy Commission and the Civil Aviation Authority shall with the approval of the Authority\ndetermine the rate to be paid by a network operator or service pr ovider in respect of charges\nrelated to the granting of permits for the erection of towers and masts.\nLevy on installed equipments\n80.A levy shall not be imposed on installed equipment of a network operator or service\nprovider.\nForbearance\n81. (1) Th e Authority may refrain, in whole or in part and conditionally or unconditionally,", + "Levy on installed equipments\n80.A levy shall not be imposed on installed equipment of a network operator or service\nprovider.\nForbearance\n81. (1) Th e Authority may refrain, in whole or in part and conditionally or unconditionally,\nfrom the exercise of any power or the discharge of any duty under this Act in relation to\nelectronic communications network or service, or use of spectrum by a person where the\nAuthority finds that to be in the interest of the Republic.\n(2) Before determining to refrain from the exercise of any power or the discharge of any\nduty, the Authority shall publish the matter for decision in the Gazette.\n(3) A decision of the Autho rity under this section may be the subject of appeal to the\nTribunal.\nCommunications during a state of emergency\n82. (1) Where a state of emergency is declared under Article 31 of the Constitution or another\nlaw, an operator of communications or mass communications systems shall give priority to\nrequests and orders for the transmission of voice or data that the President considers necessary\nin the interest of national security and defence.\n(2) A service provider may, if facilities are disrupted as a resul t of force majeure or during a\nperiod of emergency, use its service for emergency communications in a manner other than\nspecified in its licence or in the applicable regulations.\n(3) The use of a service for emergency communications shall be discontinued when normal\ntelecommunication services are again available or when the special use of the facilities,\nequipment or service is terminated by the President.\n(4) Where the President requires a licensee or special licensee to give priority to\ncommunications o f the Government, the communications shall have priority over all other\ncommunications but be in accordance with the International Telecommunications Union", + "equipment or service is terminated by the President.\n(4) Where the President requires a licensee or special licensee to give priority to\ncommunications o f the Government, the communications shall have priority over all other\ncommunications but be in accordance with the International Telecommunications Union\nTreaties.\n(5) A network operator or service provider shall develop and cooperate in the development\nand implementation of plans for operating networks and providing services during force\nmajeure and periods of serious and substantial interruption in the provision of electronic\ncommunications services.\n(6) The President may assume direct control of the electronic communications services and\nissue operating regulations in the event of a war declared according to law.\n36 Powers of the President\n83.The President may by executive instrument make written requests and issue orders to\noperators or providers of electronic communications networks or services requiring them to\nintercept communications, provide any user information or otherwise in aid of law enforcement\nor national security.\nRegulations\n84.(1) The Minister may , on the advice of the Authority , by legislative instrument make\nRegulations generally to give effect to the provisions of this Act and shall in particular, make\nRegulations in relation to\n(a) the procedure to be applied by a provider of a broadcasting service or a\nbroadcasting organisation in relation to claims and complaints by customers ;\n(b) the procedures for the administrative adjudication, mediation or arbitration of\ndisputes between operators and their subscribers ;\n(c) the determination of breaches of the Regulations or conditions of the frequency\nauthorisation and the nature of sanctions, impositions, warnings and other penalties in\nrespect of the breaches. ;\n(d) the issue, conditions, duration, suspension or revocation of licences for electronic\ncommunications service, as well as frequency assignments and other authorisations\nrelating to these services ;", + "respect of the breaches. ;\n(d) the issue, conditions, duration, suspension or revocation of licences for electronic\ncommunications service, as well as frequency assignments and other authorisations\nrelating to these services ;\n(e) interconnection which may contain, among others, the matters to be covered in every\ninterconnection agreement ;\n(f) procedures to be applied by a service provider to handle claims and complaints filed\nby subscribers or customers of communications services ;\n(g) conditions under which claims and complaints of communications services subscribers\nor customers which are not satisfactorily resolved by the service provider may be\nsubmitted to the Authority, and the procedures to be applied by the Authority in\nhandling the claims and complaints ;\n(h) procedure for an integrated framework for robust, multi -hazard emergency\ncommunications on the declarations of an emergency in accordance with law ;\n(i) other matters th at the Board may from time to time consider necessary, having regard\nto the objectives and functions of the Authority,\n(j) the parameters of what constitutes significant market power ; and\n(k) the guidelines, standards and other requirements that the Authority may issue or\nspecify.\n(2) The Authority shall publish the Regulations on its website.\n(3) Despite the Statutory Instruments Act, 1959 (No. 52) the penalty for contravention of\nthe regulations shall be a fine of not less than two thousand penalty units and not more than\nfive thousand penalty units.\nInterpretation\n85. (1) In this Act, unless the context otherwise requires:\n\"access\" means, with respect to an electronic communications network or service, the ability\nof a service provider or user to use the electronic communications network or service of another\noperator or provider;", + "five thousand penalty units.\nInterpretation\n85. (1) In this Act, unless the context otherwise requires:\n\"access\" means, with respect to an electronic communications network or service, the ability\nof a service provider or user to use the electronic communications network or service of another\noperator or provider;\n37 \"abuse of dominant position\" means conduct by an operator e or service provider that exploits\nmarket power to restrict competition, exclude rivals, or exploit consumers, incl uding through\nunfair pricing, discriminatory practices, or refusal to supply;\n\"affiliated\" has the same meaning assigned to it under the Companies Act, 2019 (Act 992);\n\"authorisation holder\" means a person that is granted a frequency authorisation by the\nAuthority under this Act;\n\"Authority\" means the National Communications Authority established under the National\nCommunications Authority Act, 2025 (Act\u2026..);\n\"behavioural remedies\" means non -structural regulatory measures imposed by the Authority to\naddress anti-competitive practices, including pricing controls, reporting obligations, or\nprohibitions on specific conduct;\n\"Board\" means the Board of the National Communications Authority established in section 1\nof the National Communications Authority Act, 202 5 (Act \u2026.);\n\"broadcasting service\" includes the transmission of programmes, whether or not encrypted, by\nmeans of electronic communications for reception by the public, and includes radio, television\nand similar point -to-multipoint transmissions;\n\"build ou t\" means the process of establishing, expanding or completing a network\ninfrastructure to meet service obligations, including coverage, capacity and quality targets;\n\"bundling\" means the practice of offering two or more electronic communications services o r\nproducts as a combined package in a manner that may disadvantage competing providers or", + "infrastructure to meet service obligations, including coverage, capacity and quality targets;\n\"bundling\" means the practice of offering two or more electronic communications services o r\nproducts as a combined package in a manner that may disadvantage competing providers or\ndistort consumer choice;\n\"cease and desist order\" means a written directive issued by the Authority or a court requiring\na person to stop an act or omission that cons titutes a breach of this Act or any regulations,\nlicence, or authorisation issued under it;\n\"closed user group service\" means an electronic communications service used exclusively\nwithin a defined group, operated without interconnection to a public network and not available\nto the general public;\n\"Committee\" means the Dispute Resolution Committee established under section 69 of this\nAct;\n\"Community college\" means a tertiary educational institution established in a local community,\nincluding vocational or polytechnic institutions;\n\"Computer Emergency Response Team (CERT)\" means a technical team designated by the\nnational cybersecurity regulator to coordinate responses to cybersecurity incidents and threats\naffecting electronic communications infrastructure;\n38 \"content moderation\" means any action taken by a service provider to assess, restrict, remove,\nlabel, or otherwise manage content transmitted through its platform in accordance with\napplicable laws or regulations;\n\"Court\" means the High Court;\n\"Critical electronic infrastructure\" means any electronic communications network, facility, or\nsystem designated by the Authority as vital to national security, public safety, or economic\ncontinuity, whose disruption could significantly impair the functioning of the State or the\ndelivery of essential electronic communications services ;\n\"cyber incident\" means any actual or suspected event that compromises, or threatens to\ncompromise, the security, availability, confidentiality, or integrity of an electronic", + "continuity, whose disruption could significantly impair the functioning of the State or the\ndelivery of essential electronic communications services ;\n\"cyber incident\" means any actual or suspected event that compromises, or threatens to\ncompromise, the security, availability, confidentiality, or integrity of an electronic\ncommunicat ions network or service;\n\"cybersecurity\" means the protection of electronic communications networks, services, and\ninformation systems from unauthorised access, disruption, modification, or destruction,\nincluding through technical, organisational, and lega l measures;\n\"cybersecurity regulator\" means the statutory body designated to coordinate and regulate\ncybersecurity matters in the Republic, including setting standards, receiving reports, and\ndirecting mitigation measures;\n\"decommissioning\" means the proce ss of dismantling, removing, or rendering inoperative any\nelectronic communications infrastructure, such as towers or masts, in accordance with\napplicable environmental and regulatory standards;\n\"digital service\" means an electronically delivered service t hat relies on communications\nnetworks and includes Over -the-Top services, cloud -based platforms, and content applications\nthat interact with end users over the internet;\n\"district\" means the area of authority of a District Assembly;\n\"district assembly\" inc ludes a Municipal Assembly and a Metropolitan Assembly;\n\"electromagnetic compatibility (EMC)\" means the ability of electronic communications\nequipment or systems to function satisfactorily in their electromagnetic environment without\ncausing or suffering f rom intolerable electromagnetic disturbances;\n\"electromagnetic emission\" means the radiation of electromagnetic energy from an electronic\ndevice or equipment during operation, including intentional or incidental emissions, as\nregulated by the Authority;\n\"electromagnetic emission limits\" means the prescribed maximum levels of electromagnetic", + "causing or suffering f rom intolerable electromagnetic disturbances;\n\"electromagnetic emission\" means the radiation of electromagnetic energy from an electronic\ndevice or equipment during operation, including intentional or incidental emissions, as\nregulated by the Authority;\n\"electromagnetic emission limits\" means the prescribed maximum levels of electromagnetic\nradiation that electronic communications infrastructure may emit, as established by the\nAuthority in accordance with international standards;\n\"electronic communications\" means any communication by wire, radio, optical,\nelectromagnetic or other technological means;\n39 \"electronic communications equipment\" means any instrument, apparatus, device, system,\nsoftware or hardware used for the transmission, reception, processing, st orage or routing of\ndata, voice or other communications through electronic means;\n\"electronic communications network\" means any transmission system, whether wire, radio,\noptical, electromagnetic or a combination, used for the conveyance of signals for elec tronic\ncommunications;\n\"electronic communications service\" includes public and private services, value added\nservices, radio communication services and closed user group services, provided by means of\nan electronic communications network;\n\"emergency commun ications\" means communications carried out in response to a declared\nstate of emergency, disaster, or national threat, and includes any messages prioritised by the\nGovernment for the protection of life, property or national security;\n\"essential facility\" m eans a facility or infrastructure that is indispensable to the provision of\nelectronic communications services and for which duplication is not economically or\ntechnically feasible, and denial of access could hinder competition;\n\"facility\" includes any phy sical infrastructure used in connection with the provision of\nelectronic communications services, including wires, poles, cables, masts, conduits and similar\ninstallations, but excludes terminal equipment;", + "technically feasible, and denial of access could hinder competition;\n\"facility\" includes any phy sical infrastructure used in connection with the provision of\nelectronic communications services, including wires, poles, cables, masts, conduits and similar\ninstallations, but excludes terminal equipment;\n\"forbearance\" means the decision by the Authority to suspend or decline to exercise a\nregulatory power or impose an obligation under this Act, either conditionally or\nunconditionally, in the public interest;\n\"frequency authorisation\" means the right granted by the Authority to use a specified frequency\nband under conditions set out in this Act;\n\"frequency band\" means a defined range of radio frequencies allocated for a particular purpose;\n\"geographic market\" means the specific area or demographic scope in which a network\noperator or service provider is aut horised to operate;\n\"grievance redressal mechanism\" means the process established by a provider or the Authority\nto enable users to lodge complaints, seek review, or obtain remedies for service -related\nconcerns or content moderation decisions;\n\"harmful int erference\" means any emission or transmission that disrupts, obstructs, or degrades\nthe authorised operation of a broadcasting or electronic communications service;\n\"Industry Forum\" means the platform established under section 33 for dialogue among\nstakeho lders in the communications sector;\n\"interconnection\" means the physical or logical linking of electronic communications networks\nor services to enable communication between users or access to services;\n40 \"International Telecommunications Union treaties\" includes the Constitution, Convention, and\nRegulations of the International Telecommunication Union as adopted by the Republic;\n\u201clicensee\u201d includes the holder of a frequency authorisation;", + "or services to enable communication between users or access to services;\n40 \"International Telecommunications Union treaties\" includes the Constitution, Convention, and\nRegulations of the International Telecommunication Union as adopted by the Republic;\n\u201clicensee\u201d includes the holder of a frequency authorisation;\n\"mast co -location\" means the shared use of an existing telecommunic ations tower or mast by\nmultiple licensees or service providers to reduce infrastructure duplication and mitigate\nenvironmental impact;\n\"Minister\" means the Minister responsible for communications;\n\"network\" means an electronic communications network;\n\"network operator\" means a person licensed under this Act to operate a public electronic\ncommunications network;\n\"network resilience\" means the capacity of an electronic communications network to resist,\nabsorb, and recover from disruptive events while con tinuing to provide essential services;\n\"network termination point\" means the physical or virtual point at which a user connects\nterminal equipment to an electronic communications network;\n\"number portability\" means the ability of a subscriber to retain the same telephone number\nwhen switching from one service provider to another;\n\u201coperator\u201d means a licensee or holder of frequency authorisation;\n\"Over -the-Top (OTT) services\" means broadcasting and telecommunications services,\nincluding but not limited to vo ice, messaging, or video platforms, that are delivered over the\ninternet and operate independently of the network infrastructure or service platforms of\nlicensed network or service providers. ;\n\"Over -the-Top (OTT) service\" means a service that delivers con tent or applications over the\ninternet without requiring control or ownership of the underlying transmission infrastructure,\nincluding messaging, streaming, and digital financial platforms;\n\"premises\" includes any land, building, structure, vehicle, vessel or aircraft;", + "internet without requiring control or ownership of the underlying transmission infrastructure,\nincluding messaging, streaming, and digital financial platforms;\n\"premises\" includes any land, building, structure, vehicle, vessel or aircraft;\n\"premium rate service\" means an electronic communications service that imposes a charge\nhigher than the standard rate for access to certain content or functionality, and where part of\nthe fee is retained by the service or content provider;\n\"predatory pricing\" means the practice by a licensee of setting prices below cost for a sustained\nperiod with the intention of eliminating competitors or deterring market entry;\n\"prescribe\" means prescribed by the National Communications Authority or Regulat ions made\nunder this Act;\n41 \"private electronic communications service\" means a service used exclusively within a single\nenterprise or affiliated group for internal communications without interconnection to a public\nnetwork;\n\"public electronic communications network\" means an electronic communications network\nused to provide public electronic communications services;\n\"public electronic communications service\" means a service provided to the public that permits\nusers to communicate electronically with others, whether voice, data or multimedia, regardless\nof the technology used;\n\"public ground\" includes any area open to or accessible by the public, whether or not enclosed;\n\"public utility\" has the same meaning assigned to it under the Public Utilities Regulatory\nCommission Act, 1997 (Act 538);\n\"radiation\" means the emission or propagation of electromagnetic waves or particles from\nelectronic communications equipment, including incidental or intentional emissions;\n\"road works\" means any construction, installation, maintenance, or excavation work involving\nroads or public grounds for the purpose of laying or accessing electronic communications\ninfrastructure;\n\"service provider\" means a person licensed under this Act to provide a public electronic\ncommunications serv ice;", + "\"road works\" means any construction, installation, maintenance, or excavation work involving\nroads or public grounds for the purpose of laying or accessing electronic communications\ninfrastructure;\n\"service provider\" means a person licensed under this Act to provide a public electronic\ncommunications serv ice;\n\"significant interest\" means a level of ownership or control in a licensee or authorisation holder\nwhich enables a person to influence decisions, directly or indirectly, and includes interests\ndefined by the Authority and published in the Gazette;\n\"significant market power\" means the ability of a network operator or service provider, either\nalone or jointly, to operate independently of competitive pressures in the market, particularly\nin pricing and service conditions;\n\"single set of premises\" means pr emises occupied and operated under the control of a single\nentity and not shared with unrelated parties;\n\"site restoration\" means the process of rehabilitating a site previously occupied by electronic\ncommunications infrastructure to its original or approv ed condition following\ndecommissioning;\n\"space segment\" means the part of a satellite communication system comprising satellites and\ntheir sensors and ground control components required for signal transmission and reception;\n\"special interconnect\" means an interconnection arrangement approved by the Authority that\napplies modified terms to enable service delivery in rural or underserved areas;\n\"special licence\" means a licence granted by the Authority under exigent circumstances as\ndefined in section 17 of this Act;\n42 \"special licensee\" means a person who holds a special licence;\n\"spectrum\" means the range of electromagnetic wave frequencies used for communication\nservices;\n\"spectrum plan\" means the official allocation framework developed by the Authority to g uide\nthe use and management of radio frequency bands for telecommunications and broadcasting\npurposes;", + "\"spectrum\" means the range of electromagnetic wave frequencies used for communication\nservices;\n\"spectrum plan\" means the official allocation framework developed by the Authority to g uide\nthe use and management of radio frequency bands for telecommunications and broadcasting\npurposes;\n\"structural remedies\" means regulatory measures that alter the structure or assets of an operator\nor service provider, including divestiture, separation, or transfer of control, to remedy or\nprevent anti -competitive effects;\n\"takedown mechanism\" means a process established by a service provider or mandated by the\nAuthority for the prompt removal or restriction of unlawful or harmful content transmitted via\nan electronic communications service;\n\"telecentre\" means a technology -enabled facility in a community that provides access to ICT\nservices to the public;\n\"telecommunications\" includes the transmission, emission or reception of signals, writing,\nimages, so unds, or intelligence of any nature by any wire, radio, optical, satellite or other\nelectromagnetic system;\n\"terminal equipment\" means equipment on the user side of the network termination point used\nto access, originate, or terminate communications;\n\"traffic management\" means the technical measures employed by a network operator to\nmonitor, control, prioritise, or restrict data traffic on an electronic communications network in\norder to maintain network integrity or comply with regulatory obligations;\n\"transparency reporting\" means the periodic disclosure by a service provider of information\nregarding its content moderation, data requests, takedown actions, and compliance with\napplicable laws;\n\"Tribunal\" means the Electronic Communications Tribunal establis hed under section 72 of this\nAct;\n\"universal access\" means community -based access to communications services as determined\nby the Authority in accordance with this Act;\n\"universal service\" means public communications services which the Authority determines", + "applicable laws;\n\"Tribunal\" means the Electronic Communications Tribunal establis hed under section 72 of this\nAct;\n\"universal access\" means community -based access to communications services as determined\nby the Authority in accordance with this Act;\n\"universal service\" means public communications services which the Authority determines\nmust be provided under universal service obligations;\n\"user\" means a customer, subscriber or end -user of electronic communications or broadcasting\nservices;\n\"utility installation\" means physical infrastructure used by a public utility to deliver electricity,\nwater, or gas;\n43 \"utility installation owner\" means the owner or operator of a utility installation;\n\"value added service\" means an enhanced electronic communications service that provides\nadditional features, content or interactivity beyond sta ndard voice or data transmission,\nincluding streaming, mobile money, and internet -based applications, but excluding public\nelectronic communications services.\n(2) In this Act unless the context otherwise requires, words and expressions defined in the\nNatio nal Communications Act 2025 (Act \u2026.) have the same meaning in this Act.\nRepeals and savings\n86. (1) The Electronic Communications Act, 2008 (Act 772) is hereby repealed.\n(2) Despite the repeal under subsection (1) , licences, frequency authorisations, not ices or other\nact made or done lawfully under the repealed enactment and in force immediately before the\ncoming into force of this Act, which are not inconsistent with this Act shall be considered to\nhave been made under this Act and shall continue to have effect until revoked, reviewed,\ncancelled, terminated or upon its expiration.\n(3) The Act shall not affect the repealed enactment in the operation of offences committed,", + "have been made under this Act and shall continue to have effect until revoked, reviewed,\ncancelled, terminated or upon its expiration.\n(3) The Act shall not affect the repealed enactment in the operation of offences committed,\npenalties imposed or proceedings commenced before the coming into force of this Act.\nModifications of existing enactments\n87. (1) The provisions of any enactment relevant to this Act and in existence before the coming\ninto force of this Act shall have effect subject to such modifications necessary to give effect to\nthis Act.\n(2) Where there is a conflict or inconsistency between the provisions of this Act and any other\nenactment relevant to this Act, the provisions of this Act shall prevail.\nTransitional Provisions\n88. A licence, frequency authorisation, permit or certificate issued by the National\nCommunications Authority in respect of electronic communications, spectrum, or broadcasting\nservices shall remain valid until it is revoked, cancelled, terminated by the Authority, or expires\nin accordance with its terms .\n*Date of Ga zette notification:" +] \ No newline at end of file diff --git a/assets/example_bills/electronic-communications-bill-2025/document.txt b/assets/example_bills/electronic-communications-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..5908ef9c27f977adc560bdd3f0654c1f907c81e8 --- /dev/null +++ b/assets/example_bills/electronic-communications-bill-2025/document.txt @@ -0,0 +1,1878 @@ +1 +ELECTRONIC COMMUNICATIONS BILL , 2025 +ARRANGEMENT OF SECTIONS +Section +Application +1. Application and scope +2. Broadcasting services +Licence and frequency authorisation +3. Requirement for a licence for public electronic communications service +4. Licence conditions +5. Obligations with respect to individual licences +6. Obligations of individual licensees +7. Obligations of operators of electronic communication networks and communications +services +8. Requirements for frequency authorisation +9. Obligations regarding frequency authorisation s +10. Conditions of frequency authorisations +11. Authorisation to operate in territorial waters or airspace +12. Suspension and revocation of licences and frequency authorisation +13. Amendment of licences and frequency authorisations +14. Amendment of licences in emergency situations +15. Duration and renewal of licence and frequency authorisation +16. Regulation of premium rates +17. Special licences +18. Directions for the r eporting of information +Interconnection +19. Interconnection +Access to facilities and international transmission capacity +20. Access to facilities and public rights of way +21. Access to international transmission capacity +Universal service, universal access and tariffs +22. Universal service +23. Universal access +24. Digital inclusion and equity +25. Tariffs +26. Cybersecurity and network resilience +27. Digital Services and Over -the-Top Applications +28. Environmental Compliance in Communications Infrastructure +29. Market conduct and competition +30. Duty to carry out consumer research +31. Duty t o consult consumers +32. Duty to establish a Consumer Code +33. Net neutrality +34. Data protection and privacy obligations +35. Establishment of Industry Forum +36. Industry Code +Rural communication service +37. Access to frequency spectrum +2 38. Tariffs for rural communications services +39. Road works and access to land +40. Repair and restoration +41. Access to lands for inspection and maintenance +42. Installation of facilities on private land or buildings +43. Radio frequency s pectrum +44. Allocation of frequency bands +45. Consideration for allocation of frequency +46. Frequency monitoring stations +47. Harmful interference +48. Space segment +National Electronic Communications Numbering Plan +49. Establishment of the National Electronic Communications Numbering Plan +Terminal equipme nt and technical standards +50. Terminal equipment +51. Technical standards +Testing and inspection +52. Power to request information +53. Pre-installation testing +54. Standards for testing +55. Entry, search and inspection +Enforcement powers of the Authority +56. Enforcement powers of the Authority +Offences +57. Offences +58. Giving false information +59. False signals +60. False communications +61. Damage to equipment +62. Recovery of civil debt +63. Confidentiality and disclosure of personal information +64. Re-programming mobile telephones +65. Possession or supply of a device for re -programming purposes +Fess +66. Fees +67. Recover y of fees +Resolution of disputes +68. Authority to establish dispute resolution process +69. Dispute Resolution Committee +70. Powers of the Committee +71. Resolution of referred disputes +Electronic Communications Tribunal +72. Establishment of the Electronic Communications Tribunal +73. Composition of the Tribunal +74. Rules of procedure of the Tribunal +75. Right of appeal +76. Decisions of the Tribunal +77. Appeals against the decisions of the Tribunal +78. Servi ces provided from outside the Republic +79. Business operation rates +3 80. Levy on installed equipment +81. Forbearance +82. Electronic communications during a state of emergency +83. Powers of the President +84. Regulations +85.Interpretation +86. Repeals and savings +87. Modification of existing enactments +88. Transitional provisions +4 +A BILL +ENTITLED +ELECTRONIC COMMUNICATIONS ACT, 2 025 +AN ACT to provide for the regulation of electronic communications and broadcasting, the use +of the electro -magnetic spectrum and for related matters. +DATE OF ASSENT: +ENACTED by Parliament and assented to by the President +Application +Application and scope +1. (1) This Act applies to +(a) electronic communications and broadcasting service providers ; and +(b) electronic communications and broadcasting networks. +(2) This Act does not apply to +(a) the Armed Forces and other security agencies that form part of the state +security services established by law, save for the use of spectrum assigned by +the Authorit y; +(b) installations of other branches of government except as expressly provided in +this Act ; +(c) the operation by a person for that person's own use or solely for the purpose +of that person's business of an electronic communications system in which +the equipment comprised in the system is situated in a +(i) single set of premises in single occupation and the transmissions from the +equipment are confined to the premises, or +(ii) vessel, aircraft or vehicle or in two or more vessels, aircraft or vehicles and is +mechanically coupled. +(3) Business in subsection 2 (c) does not include a business for the provision of +telecommunication services to another person. +Broadcasting services +2. (1) The National Communications Authority shall regulate the use of all +communi cation platform s and radio spectrum designated or allocated for use by +broadcasting organisations and providers of broadcasting services having due regard to +and in accordance with the standards and requirements of the International +Telecommunications Union and its Radio Regulations as agreed to or adopted by the +Republic. +(2) In furtherance of carrying out its function under subsection (1) the Authority shall +determine technical and other standards and issue guidelines for the operation of +broadcastin g organisations and bodies providing broadcasting services. +(3)The Authority shall charge fees that it determines for a frequency authorisation in +accordance with the provisions of the Fees and Charges Act (Miscellaneous Provisions) +Act, 2022 (Act 1080) +5 (4)A person shall not operate a broadcasting system or provide a broadcasting service +without a frequency authorisation by the Authority. +(5)In furtherance of the management of the radio spectrum allocated to broadcasting, +the Authority may adopt policies to cater for rural communities and for this purpose +may waive fees wholly or in part for the grant of a frequency authorisation. +(6) The Authority shall conduct or cause to be conducted research into the social, +economic, cultural and technical issues relating to broadcasting to guide the +Authority to carry out its mandate. +(7) In pursuit of its mandate, the Authority shall pay particular attention to the +provisions of Chapter 12 of the Constitution. +Licence and frequency authorisation . +Requirement for a licence for communications and broadcasting services +3. (1) Except as otherwise provided under this Act , a person shall not operate an electronic +communications, broadcasting service or network or provide a voice telephony service or pla ce +a communications equipment for sale or distribution without a licence or authorization granted +by the Authority. +(2) A person who wishes to operate a network or provide a service described in subsection +(1) shall apply to the Authority in the manner specified in Regulations made under this Act. +(3) The Authority may grant or refuse an application for a licence based on policies and +rules published from time to time. +(4) Where an application for a licence is refused, the Authority shall notify the appl icant in +writing of its decision and the reasons for the refusal within seven days of the refusal. +(5) The terms of a licence shall be made available to the public at the office of the Authority +and on the website of the Authority and a member of the publ ic may obtain a copy or an extract +of the terms on payment of the prescribed fee. +(6) The Authority shall determine applications for licences in a non -discriminatory and +transparent manner. +(7) A person who intends to operate submarine cables within this country to connect to a +telecommunications network shall first obtain a licence, in addition to any other licence, +approvals, or permits required under any other law. +(8) A diplomatic mission in Ghana may be granted permission to operate a radio +communication system on application to the Authority through the Ministry of Foreign Affairs +if +(a) the Government of the diplomatic mission concerned provides reciprocal facilities to the +Government of Ghana, +(b) the station is to +(i) be installed in a ccordance with this subsection, and +(ii) operate in accordance with the International Telecommunications Convention and the +Radio Regulations of the International Telecommunications Union, and +(c) the power output of the transmitter is not higher than necessary for transmitting to the +state to which the diplomatic mission belongs and is in any case not more than five kilowatts. +(9) Despite any other provision of this Act, the Authority may require that a person +operating a type of electronic communicatio ns network or providing a type of electronic +communication service for which a licence is not required under this section must notify the +Authority within fourteen days of commencing operations. +Licence conditions +6 4. (1) A licence issued under this Act may be subject to conditions that the Authority +considers necessary in line with the object of the Authority. +(2) Without limiting the power conferred on the Authority under this Act or the National +Communications Authority Act, 2025 (Act …), each individ ual licence shall contain conditions +that include +(a) a requirement for the effective and efficient use of scarce resources such as radio +frequencies, numbers and rights -of-way; +(b) the networks and services which the licensee is entitled to operate or p rovide and the +networks to which the licen see's network can or cannot be connected; +(c) the duration of the licence; +(d) the build out of the licensee's network and geographical and subscriber targets for the +provision of the licensee's services, +(e) provision of contact details including emails and telephone numbers for emergency +services; +(f) obligations to provide certain information to the Authority for regulatory and statistical +purposes and to make public non -proprietary information; +(g) obliga tions that relate to customer protection; +(h) obligations to provide customer database information for a universal directory; +(i) the provision of services to rural or sparsely populated areas or other specified areas in +which it would otherwise be uneco nomical to provide service; +(j) the provision of services to persons with disability and other social responsibility +obligations; +(k) contribution towards the provision of universal service and access; +(l) the payment of licence fees; +(m) obligations that relate to interconnection of networks and interoperability of services, data +protection and the avoidance of harmful interference; +(n) infrastructure sharing obligations; +(o) the control of anti -competitive conduct on the part of the licensee; +(p) the provision to the Authority of documents and information required by the Authority +for the performance of its functions; +(q) the publication by the licensee of its charges and other terms and conditions of doing +business; +(r) the regulation of prices and the quality of the services provided by the licensee; +(s) the technical standards to be met by the licensee's telecommunications network or +service; +(t) the allocation to and use by the licensee of numbers; +(u) the transfer and the renewal of the li cence and change of ownership in the shareholding +of the licensee; +(v) prescriptions regarding national defence and public security; and +(w) restriction s on some or all of the conditions of the licence, and the modification of the +duration of the licence. +Obligations with respect to individual licences +5. (1) A network operator or service provider shall +(a) pay the fees specified by the Authority ; +(b) not assign the licence without the prior written approval of the Authority ; +(c) upon written request made by the President and subject to the Constitution, cooperate +or collaborate with the President in matters of national security , public interest or public health; +and +(d) observe the conditions of its licence and regulations that relate to the licence. +7 (2) A person who has an interest in a network operator or service provider shall not sell, +transfer, charge or otherwise dispose of that interest or any part of that interest in the network +operator or service provider without the prior written approval of the Authority. +(3) A network operator or service provider shall not without first seeking approval from +the Authority +(a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant +interest, +(b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of +that network operator's or service provider's share capital that results in +(i) a person acquiring an interest in that network operator or service provider, or +(ii) a perso n who already owns or holds an interest in the network operator or service +provider, increasing or decreasing the size of that person's interest. +(4) A person who acquires an interest in a network operator or service provider shall notify +the Autho rity within fourteen days of the acquisition regardless of whether the sale, transfer, +charge or other disposition is the result of an internal reorganisation of a network operator or +service provider . +Obligations of individual licensees +6. (1) A networ k operator or service provider shall +(a) submit to the Authority any information that relates to the modification of its network +or service; +(b) provide users, under conditions which are published or are otherwise notified to the +Authority, access to and the opportunity to use the network or service on a fair and reasonable +basis; +(c) not discriminate among similarly situated users and shall provide communication +services without discrimination, subject to section 25; +(d) not engage in anti -competitive pricing and other related practices in order to lessen +competition; +(e) not use revenues or resources from one part of its business to unfairly cross -subsidise +another electronic communications network or service, without the written approval of the +Autho rity; +(f) satisfy standards of quality in accordance with its licence and the Regulations; +(g) file a report with the Authority on the quality of its service as measured against the +quality of service performance indicators set by the Authority and publi sh other reports that the +Authority may authorise; +(h) develop, publish and implement procedures for responding to user complaints and +disputes related to quality of service, statements of charges and prices and respond quickly and +adequately to the compl aints; +(i) submit complaints from and disputes with +(i) other licensees, +(ii) an operator of electronic communications networks, +(iii) providers of electronic communications services, and +(iv) other users, +to the Authority for resolution where the complaints or disputes are because of the +licensee's exercise of its rights and obligations under the licence; +(j) file with the Authority samples of user agreements with end -users and any amendments +of the agreements for the provision of public electro nic communications services; +(k) permit the resale of its electronic communications service and not impose unreasonable +or discriminatory conditions or limitations on the resale; +8 (l) provide and contribute to universal service and universal access in acc ordance with +policies established under the National Electronic Communications Policy, amendments to the +Policy and any other policies that the Minister may establish; +(m) not impair or terminate the electronic communications service provided to a user du ring a +dispute, without the written approval of the Authority; +(n) disconnect terminal equipment which is attached to an operator's network in contravention +of this Act and which +(i) is unsafe to the user, +(ii) is not in compliance with international st andards, or +(iii) poses a risk of physical harm to the network; +(o) provide number portability and in accordance with the requirements specified by the +Authority; and +(p) provide dialing parity to other licensee s and service providers in accordance with +requirements specified by the Authority. +(q) designate a cybersecurity point of contact to liaise with the sectoral CERT ; +(r) report cybersecurity incidents to the cybersecurity regulator within the timeframe specified +by the Authority ’s Guidelines; +(s) comply with security advisories, standards and response protocols issued by the +cybersecurity regulator ; and +(t)cooperate with the cybersecurity regulator in incident investigations and post incident +reviews. +(2) The Authority shall specify +(a) qualit y of service indicators for telecommunications service ; and +(b) the means to enforce a licensee's compliance with its stated quality of service standards, +including measures by which a licensee shall compensate users adversely affected by a failure +to pro vide electronic communications service in accordance with the standards. +(3) Where an operator has significant market power, as determined in accordance with the +criteria set out in this Act, the operator shall make available to other an operator of elect ronic +communications networks or providers of electronic communications services, technical +information regarding the network or service, including planned deployment of equipment and +other information relevant to the other network operator or service prov ider. +Obligations of operators of electronic communication networks and communications +service +7. (1) A network operator or a service provider who is a holder of a licence shall not use +or permit another person to use or disclose confidential, personal or proprietary information of +a user, another network operator or service provider without lawful authority unless the use or +disclosure is necessary for +(a) the operation of the network or service, +(b) the billing and collection of charges, +(c) the pro tection of the rights or property of the operator or provider, or +(d) the protection of the users or other network operator or service providers from the +fraudulent use of the network or service. +(2) The Authority may authorise a network operator or serv ice provider to disclose lists of +its subscribers, including directory access databases, for the publication of directories or for +other purposes that the Authority may specify. +Requirement for a frequency authorisation +8. (1) A person shall not use a s pectrum for designated services without a frequency +authorisation granted by the Authority. +9 (2) A person who wishes to use a spectrum shall apply to the +Authority in the manner specified in Regulations made under this Act or other relevant +legislation . +(3) The Authority may grant or refuse an application for frequency authorisations in +accordance with policies and rules published by the Authority. +(4) On the receipt, grant or refusal of an application for a frequency authorisation the +Authority shall cause a notice to that effect to be published on its website. +(5) Where an application for frequency authorisation is refused, the Authority shall notify +the applicant in writing within seven days after the refusal and give reasons for the refusal in +the notice. +(6) The terms of a frequency authorisation may be accessed by the public at the office of the +Authority and a copy or an extract of the terms may be obtained from the Authority, by a +member of the public, on payment of the specified fee. +(7) Wher e it appears to the Authority that the frequency authorisation contains information +relating to national security or other international obligations, the Authority may withhold that +information from the public. +(8) A frequency authorisation shall be consistent with the spectrum plan established under +this Act and Regulations and shall confer on the authorisation holder the right to use a specified +frequency band subject to the conditions set out in the frequency authorisation. +(9) The holder of a fre quency authorisation shall utilise only the spectrum granted for the +service and shall do so in accordance with the terms of its licence. +(10) The Authority shall not discriminate in the determination of frequency authorisation. +Obligations regarding fr equency authorisation +9. (1) A holder of a frequency authorisation shall +(a) pay the fees specified by the Authority ; +(b) strictly adhere to the authorised frequency band ; +(c) not assign the frequency authorisation without the written approval of the Authority ; +(d) on a request made by the President and subject to the Constitution co -operate with the +Government in matters of national security ; and +(e) comply with the Regulations made under this Act and the conditions of the +authorisation. +(2) A pers on who has a significant interest in the holder of a frequency authorisation shall +not sell, transfer, charge or otherwise dispose of that interest, or any part of that interest, unless +that person gives the Authority at least thirty days notice in writing before the proposed +transaction. +(3) A holder of a frequency authorisation shall not without the prior written approval of the +Authority +(a) cause, permit or acquiesce in a sale, transfer, charge or other disposition of a significant +interest in the hold er, or +(b) issue or allot any shares or cause, permit or acquiesce in any other re -organisation of +its share capital that results in +(i) a person acquiring a significant interest in the holder, or +(ii) a person who already has a significant interest in the holder, increasing or decreasing +the size of that interest. +Conditions of frequency authorisations +10. A frequency authorisation shall contain conditions that relate to +(a) the expiration of the frequency authorisation and the time required for an application +for renewal ; +10 (b) the duration of the authorisation ; +(c) the circumstances under which the frequency authorisation may be amended for force +majeure, national security, changes in national legislation and implementation of international +obligat ions and the public interest ; +(d) the use of the authorised frequency band ; +(e) the type of emission, power and other technical requirements for the radio - +communication service ; and +(f) other matters that the Authority may specify for frequency +authori sation. +Authorisation to operate in territorial waters or airspace +11. Despite section 9 (1), a ship or aircraft operating in the territorial waters or airspace of +Ghana , which is not registered in the country is not required to have authorisation from the +Authority for a radio -communication service if the service is operated under a valid authority +or frequency authorisation issued in another country in accordance with international +agreements relating to radio -communication as regards ships or aircraf ts. +Suspension and revocation of licences and frequency authorisations +12. (1) The Authority may suspend or revoke a licence or a frequency authorisation where +(a) the licence or the authorisation holder has failed to comply with any of the provisions of +this Act, Regulations or the terms and conditions of its licence or frequency authorisation ; +(b) the licensee or the authorisation holder has failed to comply with a lawful direction of the +Authority ; +(c) the licensee or the authorisation holder is in defau lt of payment of a fee or other money +charged or imposed in furtherance of this Act, the National Communications Authority Act, +2025 (Act …) or Regulations ; +(d) the licensee ceases to +(i) operate the communications network ; +(ii) provide the electro nic communications service ; or +(iii) use the frequency band . +(e) the suspension or revocation is necessary on the written advice of the National Security +Council because of national security or is in the public interest, +(f) the imposition of a fine under the Act will not be sufficient under the circumstances, or +(g) the suspension or revocation is considered necessary in the public interest upon the +recommendation of the National Media Commission, subject to the following safeguards , +(i) the reco mmendation of the National Media Commission shall be made in writing and +supported by reasons grounded in law, evidence, or material fact; +(ii) the National Media Commission shall give the licensee or authorisation holder written +notice of the proposed action and the basis for the recommendation; +(iii) the National Media Commission shall afford the licensee an opportunity to respond in +writing within a reasonable period, not less than fourteen days, from receipt of the notice; +(iv) the National Media Commission shall consider any representations made by the licensee +before taking a final decision; +(v) A party dissatisfied with the final decision of the Authority may appeal the decision +before the Electronic Communications Tribunal established under this Act . +(2) Except in the case of suspension or revocation on the written advice of the National +Media Commission, the Authority shall, before exercising the power of suspension or +revocation under this section, give the licensee or the authorisat ion holder thirty days ’ notice +in writing of its intention to do so, specify in the notice the grounds on which it proposes to +11 suspend or revoke the licence or the frequency authorisation, and provide the the licensee or +authorisation holder the opportunit y to respond to the notice . +(3) Where the Authority decides to suspend or revoke a licence or authorisation, the +Authority shall give the licensee or authorisation holder the opportunity +(a) to present its views +(b) to remedy the breach which has occasioned the decision to suspend or revoke the +licence, and +(c) to submit to the Authority within the time specified by the Authority a written statement +of objections to the suspension or revocation of the licence or the frequency authorisation. +(4) The suspension or revocation of a licence or a frequency authorisation shall take effect +on the date specified by the Authority in the notice under subsection (2). +(5) Until the Authority suspends or revokes a licence or authorisation, the licensee or the +authorisation holder shall continue to operate and if the period of the licence or the frequency +authorisation comes to an end before the decision by the Authority, an interim renewal of the +licence or the frequency authorisation shall be granted on the sa me terms. +(6) A licence shall be revoked on the making of a winding up order by the Court or the +Registrar of Companies . +Amendment of licences and frequency authorisations +13. (1) A licence or a frequency authorisation may be amended by a written agre ement +between the licensee or the holder of the frequency authorisation and the Authority, where +(a) force majeure, national security considerations, public health emergencies, change in +national legislation or the implementation of an international obligation require the +amendment, or +(b) the Authority, on account of the public interest, decides that the amendment is necessary +to achieve the objects of the Authority, +(2) The Authority shall not amend a licence or frequency authorisation if it has n ot given +the licensee or authorisation holder adequate advance notice in writing and in any case the +notice shall not be given less than ninety days before the proposed amendment. +(3) The Authority shall state in the notice the reasons for the amendment a nd the date on +which the amendment takes effect, and shall +give the licensee or the authorisation holder the opportunity to +(a) present its views, and +(b) submit to the Authority a written statement of objections to the amendment which may +include propo sed alternatives to the amendment within the time specified by the Authority. +(4) The Authority shall take into account the views and the written statement of the licensee +before reaching a decision on the amendment. +(5) A licensee or an authorisation ho lder may request the Authority to amend its licence or +frequency authorisation. +Amending licences in e mergency situations +14. Section 1 3 does not preclude the Authority from amending a licence or a frequency +authorisation without notice where there is, or there is likely to be, a risk to national security, +public safety or where immediate amendment is essential in the public interest. +Duration and renewal of licence and frequency authorisation +15. (1) The duration of a licence shall be stated in the licence. +(2) Subject to subsection (3), on an application by the licensee or authorisation holder, the +Authority may renew a licence or frequency authorisation granted under this Act. +(3) An application for the renewal of a licence shall be refused if +12 (a) the licensee or the authorisation holder failed to comply with any of the provisions of +this Act, Regulations or the terms and conditions of the licence or the frequency authorisation ; +(b) the Authority is satisfied that the applicant will not comply with this Act, Regulations +or the terms and conditions of the licence or the frequency authorisation if the licence is +renewed ; +(c) the licensee or the authoris ation holder has failed to comply materially with any lawful +direction of the Authority ; or +(d) in the case of an operator or service provider, the Authority determines that it is not in +the public interest to renew the licence and gives the operator or service provider notice of the +decision not less than three years before the expiration of the licence. +(4) A licence which is of less than three years duration shall contain the period required for +a notice under subsection (3) (d). +(5) Subject to subsection (3) (d), the Authority shall give the licensee or the authorisation +holder advance notice of not less than thirty days of its intention not to renew the licence or +frequency authorisation. +(6) The Authority shall state the grounds for its contemplated refusal of the renewal of a +licence or authorisation and shall give the licensee or the auth orisation holder the opportunity +(a) to present its views, and +(b) to submit to the Authority within the time specified by the Authority a written statement +of objections to the refusal. +(7) The Authority shall take into account the views and the writte n statement of the licensee +or the authorisation holder before reaching its final decision. +Regulation of premium rates +16. (1) The Authority may set conditions to regulate the provision, content, promotion and +marketing of premium rate services. +(2) A service is a premium rate service if +(a) there is a charge for the provision of the service, +(b) the charge is required to be paid to the provider of the communications service. +(c) that charge is imposed for the use of the communications service, +(d) it has the contents of electronic communications transmitted by means of an electronic +communications network, and +(e) it allows the user of an electronic communications service to access a facility provided +by that service to make a transmission. +(3) A person provides a premium rate service if that person +(a) provides the service described in subsection (2), +(b) exercises editorial control over the contents of the service, +(c) packages together the contents of the service for the purpose of facilitat ing its provision, +(d) makes available a facility comprised in the service, +(e) is the provider of an electronic communications service used for the provision of the +service and is entitled under arrangements made with a provider of the service falling within +paragraph (a) to (d), to retain some or all of the charges received in respect of the provision of +the service or of the use of the electronic communications service, +(f) is the provider of an electronic communications network used to provide the service +and an agreement relating to the use of the network for that service subsists between the +provider of the network and a person who is a provider of the service falling within paragraph +(a) to (d), and +(g) is the provider of an electronic communica tions network used to provide the service +and the use of that network +(i) for the premium rate services, or +13 (ii) of services that include or may include premium rate services, +and is authorised by an agreement subsisting between that person and either a n intermediary +service provider or a person who is a provider of the service by virtue of paragraph (e) or (f). +Special licences +17. (1) The Authority may grant a special licence where it determines that an emergency or +other exigent circumstance exists. +(2) A person who wishes to obtain a special licence shall apply to the Authority in the +manner specified in Regulations made under this Act. +(3) A special licence shall be for a duration determined by the Authority and may only be +renewed in excepti onal circumstances. +Directions for the reporting of information +18. (1) The Authority may, by notice published in the Gazette and on its website, issue +directions to +(a) service providers, +(b) network operators , or +(c) persons holding frequency autho risation +to make returns or furnish documents to the Authority for statistical or regulatory purposes. +(2) The notice shall specify the period within which the returns are to be made or the +documents furnished. +(3) The directions may provide differently for different persons, circumstances or cases. +(4) A service provider or network operator or a person holding a frequency authorisation +that fails, within the period specified, to make a return or furnish documentation to the +Authority in accordance with directions issued under subsection (1) commits an offence and is +liable on summary conviction to a fine of not more than two thousand penalty units. +(5) Where a person convicted of an offence fails to pay the fine, the fine shall be treated as +a civil debt and execution may be levied in accordance with the High Court (Civil Procedure +Rules), 2004 (C.I.47). +Interconnection +Interconnection +19. (1) A network operator shall in addition to the obligations contained in its licence or +under this Act, provi de interconnection of its electronic communications network with the +network of another operator. +(2) A service provider shall subject to the obligations contained in its licence or under this +Act provide for the transmission and routing of the services o f other operators or service +providers, at any technically feasible point specified by the Authority. +(3) A request by a network operator to another network operator for interconnection shall +be +(a) in writing ; and +(b) responded to in writing within fourteen days after receipt. +(4) A request for interconnection, transmission and routing of service may only be refused +on reasonable technical or financial grounds which must be stated in writing. +(5) The network operator or service provider shall +(a) comply with guidelines and standards established by the Authority in Regulations or +another relevant law to facilitate interconnection ; +(b) on request provide points of interconnection in addition to those offered. generally to +other network operators or service providers, subject to rates that reflect the network operator's +14 or service provider's total economic cost of constructing additional facilities necessary to +satisfy the request ; +(c) provide the elements of interconnection to other network operator and service +providers, in a manner that is at least equal in both quality and rates to that provided by that +network operator or service provider to +(i) its own business units ; +(ii) body corporate with which it is affiliated ; or +(iii) any other party to which the network operator or service provider provides +interconnection and without regard to the types of users to be served, or the types of services +to be provided, by the other operator or service provider ; +(d) promptly negotiate, on the request by another network operator or service provider, and +endeavour to conclude, an agreement with regard to the charges and the technical and other +terms and conditions for the elements of interconnection subject to paragraph (g) ; +(e) submit to the Authority a copy of any agreement concluded under paragraph (d) within +seven days after the conclusion to enable the Authority to determine whether the agreement +complies with the guidelines established under this Act ; +(f) offer, on a non -discriminatory basis, the terms and conditions of an agreement +concluded under paragraph (d) or required by a decision made under paragraph (g) to any +other network operator or service provider seeking interconnection ; +(g) submit to the Authority for prompt resolution, and in accordance with procedures +adopted by the Authority any dispute that may arise between the network operator or service +provider and any other licensee as regards interconnection, including +(i) denial of interconnection, +(ii) failure to conclude an agreement promptly under paragraph (d), or +(iii) disputes as to price and any technical, commercial or other term or condition for +interconnection, and +(h) be bound by a decision made by the Authority under paragraph (g). +(6) The Authority shall promptly decide an interconnection dispute referred to it within +fourteen days after the referral. +(7) An interconnection agreement concluded under subection (3), +(a) shall be made available for public scrutiny at the office of the Authority ; or +(b) may be reproduced b y the Authority at the request of a member of the public on +payment of the prescribed fee, but those parts of the agreement which in the opinion of the +Authority contain the commercial strategy of the parties shall not be made available or be +reproduced. +(8) A network operator or service provider who has significant market power shall +(a) disaggregate its network or its service or its network and service and on a cost -oriented +basis specified by the Authority establish prices for its individual elements and offer the +elements at the established prices to other operators and service providers ; +(b) publish, in the manner specified by the Authority the prices, technical, commercial and +other terms and conditions pertaining to its offer for elements of inter connection ; and +(c) permit other network operators and service providers to have equal access to directory +listing, operator services, directory assistance and directory listing without unreasonable delay, +in accordance with requirements specified by the Authority. +(9) Where a network operator or service provider who has significant market power fails +to comply with its obligations, the Authority may notify the network operator of a deadline +within which it has to comply and if the operator fails to comply within the deadline given, the +Authority may apply to the High Court for an order to compel it to comply. +(10) The Authority may classify a network operator or service provider as dominant if +individually or jointly with others, that network operat or or service provider enjoysa position +15 of economic strength that enables it to behave to an appreciable extent independently of +competitors and users. +(11) In making the classification under subsection (10), the Authority shall take into +consideration +(a) the relevant market ; +(b) technology and market trend ; +(c) the market share of the operator or service provider ; +(d) the power of the operator or service provider to introduce and sustain a material price +increase independently of competitors ; +(e) the degree of differentiation among networks and services in the market ; and +(f) any other matter that the Authority considers relevant. +(12) Where an operator or service provider which is classified as dominant by the Authority +considers that it has lost its dominance with respect to a network or service, it may apply to the +Authority to be classified as non -dominant and if the Authority grants the application, the +applicable licence shall be amended to reflect the classification . +(l3) The Authority may o nly classify or declassify a network operator or service provider as +dominant, if it first publishes the intention to do so in the Gazette and on its website. +Access to facilities and international transmission capacity +Access to facilities and public r ights of way +20. (1) An operator shall give access to other operators who request access to the facilities +or public rights of way or statutory wayleaves that it owns or controls on a timely basis +(2) Where, a network operator requests the use by its network of a utility installation owned +by a public utility it shall have the right to use the installation in accordance with this section +and where any public utility requests the use of facilities of a network operator, the public +utility shall have the rights of the network operator under this section. +(3) Access to facilities and utility installations shall be negotiated between or among +network operators and public utilities on a non -discriminatory and equitable basis and charges +payable shall be dete rmined on a cost -sharing basis. +(4) At the request of the parties, the Authority may assist in negotiating an agreement +between them. +(5) A network operator or public utility may deny access to a facility or utility installation +only where it demonstrate s that the facility or utility installation has insufficient capacity, taking +into account its reasonably anticipated requirements, or where there are reasons of safety, +security, reliability or difficulty of a technical or engineering nature. +(6) The Aut hority may regulate the rates, terms and conditions for access to a facility or +utility installation, and shall ensure that the rates, terms and conditions are just and reasonable +and to the greatest extent possible, based on a cost -sharing formula. +(7) In carrying out its functions under this section, the Authority may adopt necessary and +appropriate procedures to resolve disputes concerning the rates, terms and conditions. +(8) The owner of a shared facility shall be responsible for the maintenance of th e facility +and the responsibility for the connection and engineering of other occupiers equipment shall +be by agreement of the parties. +(9) Under this section, access to facilities does not include interconnection. +Access to international transmission c apacity +21. Access to international transmission capacity shall be made available to all service +providers in a cost -based, transparent, and non -discriminatory manner determined by the +Authority. +16 +Universal service, universal access and tariffs +Universal service +22. (1) The Authority shall determine the telecommunications services in respect of which +the requirement of universal service shall apply, taking into account the needs of the public, +affordability of the service and advances in technol ogies. +(2) Universal service includes, at a minimum, a high quality telephone service, that offers +(a) a free telephone directory for subscribers of the service ; +(b) operator assisted information service ; +(c) free access to emergency number information ; +(d) telecommunications services, and +(e) provision of services that enable persons with disability to make and receive calls. +(3) The Authority shall determine +(a) the manner in which a public telecommunications service is provided and funded in +order to meet the requirements of universal service ; and +(b) the obligations, if any, of the providers and users of the service. +(4) The Authority may require providers of private electronic communications services, +closed user group services and value added services, and the users of these services and of any +other electronic communic ations services to contribute to the funding of universal service with +the approval of the Minister. +(5) A public electronic communications service that offers universal servic e shall not terminate +its service to the public without first obtaining written approval from the Authority. +Universal access +23. (1) Universal access includes +(a) access, through broad geographic coverage, to community -based broadband +information and communication services that include voice, data services, access to the +internet, local relevant content, community radio and Government services, that are affordable +and of high quality, +(b) signal coverage of mobile and broadcast networks throughout rem ote regions ; and +(c) access to the services in paragraphs (a) and (b) by kindergarten, first and second cycle +institutions, community colleges, universities, community health facilities, hospitals, +telecentres and any other public or private community centres. +(2) In accordance with the policy established by the Minister, the Authority shall determine +(a) the manner in which universal access shall be provided ; and +(b) the obligations, if any, of the providers and users of the service. +(3) The Authority may, with the approval of the Minister, require +(a) a provider of a private electronic communications service, closed user group service or +value added service ; and +(b) the users of these services and of any other electronic communications serv ice to contribute +to the funding of universal access. +(4) The obligation to provide and contribute to the funding of universal access shall be +determined in a transparent manner and on a non-discriminatory basis between similarly +situated providers of ele ctronic communications services and users. +Digital Inclusion and Equity +24. (1) The Authority shall promote digital inclusion by supporting initiatives that expand +information and communications technology access for underserved populations, including +rural communities, women, persons with disabilities, and youth. +17 (2) A licensee shall submit annual access and inclusion reports detailing efforts to promote +equitable access to communication services. +Tariffs +25. (1) Tariffs for electronic communications servi ces, except those which are regulated by +the Authority under this section , shall be determined by service providers in accordance with +the principles of supply and demand. +(a) A network operator shall charge the minimum rate for all international incoming +electronic communication traffic as the Authority may publish in the Gazette from time to time . +(b) A network operator that charges a lesser rate than that specified in subsection (a) is +liable to pay to the Authority on behalf of government a penalty of twice the difference between +the specified rate and the rate actually charged. +(c) A network operator shall not charge its customers a higher fee for its services because +of the minimum rate for international incoming electronic communication traffic. +(d) Where it is established that a network operator has increased the fees for its services +because of the minimum rate for international incoming electronic communication traffic, that +operator is liable to pay to the Authority a penalty of twice the sum of t he value of the increase. +(e) The Authority shall establish mechanisms and institute measures to monitor compliance +with this section and may in this regard carry out inspections and request any relevant +information from a network operator. +(f) A network o perator requested by the Authority to submit information under subsection +(5), shall submit the Information within fourteen days. +(g) A network operator who fails to submit the information to the Authority within the +fourteen days is liable to pay to the A uthority on behalf of government, a penalty of ten +thousand penalty units for each day after the fourteen days that the information remains +unsubmitted. +(h) The Authority shall bill and collect from a network operator moneys due to the +government as a res ult of the minimum rate of international incoming electronic +communication traffic and shall pay the moneys into the Consolidated Fund. +(i) The Authority shall keep the percentage specified in the Schedule of any moneys it +collects on behalf of government for the Authority's own use but the Authority shall account to +the Minister for Finance for the moneys collected. +(j) The mechanisms and measures referred to in subsection ( 1), paragraph (e) shall not +have the capability to actively or passively record, mo nitor or tap into the content of any +incoming or outgoing electronic communication traffic, including voice, video and data +existing discretely or on a converged platform whether local or international. +(2) The Authority may establish price regulation regi mes, which may include the setting, +review and approval of prices by Regulation, where +(a) there is only one network operator or service provider or one network operator or +service provider that has significant market power, +(b) a sole network operator o r service provider or a network operator or service provider +with significant market power and cross -subsidises another electronic communications +network or service, and +(c) the Authority detects anti -competitive pricing or acts of unfair competition. +(3) A service provider shall provide rates that are fair and reasonable and shall not +discriminate among similarly situated persons, including the service provider and any body +corporate with which it is affiliated except as otherwise provided in this Act. +(4) The Authority may prescribe a method to regulate the cost of the service for any public +electronic communications service in which a service provider is dominant by establishing a +ceiling on the cost, or by other methods that it considers appropriate. +18 (5) A service provider shall publish the prices, terms and conditions for its public electronic +communications services at the times and in the manner that the Authority shall specify and +the prices, terms and conditions shall, be the lawful prices, terms and conditions for the services +subject to this Act and the conditions of the licence. +Cybersecurity, Network Resilience and critical electronic infrastructure +26.A licensee shall implement appropriate technical and organisational measures to ensure the +security and resilience of their networks and services, in accordance with standards issued by +the Cybersecurity regulator. +(2)A licensee shall report cybersecurity i ncidents that affect network integrity or result in +service disruption to the Authority and the national cybersecurity regulator within twenty -four +hours of detection. +(3) A licensee shall, within twenty -four (24) hours of detection, notify the National +Communications Authority of any network breach involving subscriber data. +(4) Where the breach involves the compromise of personal data, the licensee shall, within the +same period, make a parallel notification to the Data Protection Commission. +(5)The Autho rity shall, in consultation with the cybersecurity regulator, adopt and enforce +minimum cybersecurity standards issued by the cybersecurity regulator , which shall be +applicable to all operators and service providers. +(6) The Authority shall, in collaboration with the designated cybersecurity regulator, ensure the +protection of electronic communications infrastructure from cyber threats. +(7) An operator or service provider shall: +(a) implement minimum cybersecurity standards and protocols as issue d by the Authority in +collaboration with the cybersecurity regulator; +(b) report cybersecurity incidents to the Computer Emergency Response Team (CERT) within +24 hours of detection; +(c) cooperate with national authorities on threat intelligence sharing and coordinated responses. +(8) The Minister may, on the advice of the sector regulator, designate certain communications +networks as “critical electronic infrastructure ” and impose enhanced obligations, including +requirements relating to redundancy, encryptio n, and periodic audits. +(9) Electronic communications operators shall implement call -filtering and spam -detection +protocols, including AI -based call analysis tools, subject to approval by the Authority and data +protection compliance certification by the Data Protection Commission. +(10) The Authority shall issue regulations prescribing compliance standards, reporting +obligations, and penalties for breach. +Digital Services and Over -the-Top Applications +27. (1) The Authority may establish a regulatory framework for Over -the-Top (OTT) services +to ensure compliance with national laws and fair competition. +(2)The framework may require registration, transparency reporting, and cooperation with +national security and consumer protection regulations. +(3) An Over -the-Top (OTT) service provider offering services in the Republic shall register +with the Authority in a manner prescribed by Regulations. +(4) The Authority may require an OTT service provider to obtain a licence where the nature or +scale of the service: +(a) has significant public interest implications; +(b) relies heavily on national infrastructure; or +(c) involves digital financial transactions. +(5) The Authority may, by Regulation +(a) impose consumer protection, dispute resolution and data localisation obligations on OTT +19 providers; +(b) require the submission of revenue data for taxation compliance purposes; +(c) establish minimum service quality and lawful interception requirements. +(6) OTT providers shall comply with content moderation, takedown, and grievance redressal +mechanisms as prescribed by the Authority. +Environmental Compliance in Communications Infrastructure +28. (1) A network operator or service provider shall comply with applicable environmental +standards in the installation, operation, and decommissioning of towers, masts, and associated +infrastructure. +(2) The Authority shall issue guidelines on +(a) mast co -location to reduce duplication; +(b) electromagnetic emission limits in line with international sa fety standards; +(c) procedures for decommissioning obsolete infrastructure and site restoration. +(3) A failure to comply with this section may attract sanctions, including but not limited to +suspension or revocation of the relevant authorisation or licence , administrative penalties, or +any other enforcement measures as may be determined by the Authority +Market conduct and competition +29. (1) A licensee or holder of a frequency authorisation shall not engage in conduct that has +the purpose or effect of substantially lessening competition, including +(a) predatory pricing; +(b) refusal to supply essential facilities; +(c) bundling services to disadvantage competitors; +(d) abuse of dominant position. +(2) The Authority may impose structural or behavioural rem edies to address anti -competitive +concerns . +Consumer protection +Duty to carry out consumer research +30. (1) The Authority shall periodically ascertain public opinion on the performance of service +providers and network operators . +(2) The Authority shall +(a) publish the results of research that it carriers out or that is carried out on its behalf on +its website and in any other manner that it considers appropriate to bring the results to the +attention of the public ; and +(b) take account of the results o f the research in performing its functions. +Duty to consult consumers +31. (1) The Authority shall establish and maintain effective arrangements for consultation with +consumers on the performance of its functions. +(2) The Authority shall create a mechan ism for dealing with complaints or concerns of +consumers of telecommunication services and shall bring the complaints or concerns to the +attention of network operators and service providers. +Duty to establish a Consumer Code +32. (1) The Authority shall prepare a Consumer Code on its own or in conjunction with the +Industry Forum which shall include procedures for +(a) reasonably meeting consumer requirements ; +20 (b) the handling of customer complaints and disputes and for the compensation of +customers in ca se of a breach of the Consumer Code ; and +(c) the protection of consumer information. +(2) The Consumer Code may provide for +(a) the provision of information to customers on services, rates and performance ; +(b) the provision of technical support to custo mers and repair of faults ; +(c) advertisement of services ; and +(d) customer charging, billing, collection and credit practices. +(3) The Consumer Code shall be published on the website of the Authority. +Net Neutrality +33(1) Network providers shall treat all data on their networks equally, without discrimination, +restriction, or interference, regardless of the sender, recipient, type, or content of the data. +(2) Exceptions shall apply only where reasonable traffic management practices are necessary +to main tain network integrity or comply with lawful requirements. +(3) A service provider or network operator shall treat all lawful internet traffic equally, without +discrimination, restriction or interference, regardless of the sender, recipient, content, +applic ation, service or device used. +(4) A service provider shall not: +(a) block, throttle or otherwise restrict access to lawful content, applications or services, except +as required by law or in accordance with guidelines issued by the Authority; +(b) prioritis e traffic or offer paid prioritisation arrangements that benefit certain content +providers or applications over others, unless expressly permitted by the Authority in the public +interest. +(5) The Authority shall issue guidelines on traffic management pract ices and fair access +principles. +(6) A breach of this section constitutes a material contravention of this Act and may attract +administrative penalties or licence suspension . +Data Protection and Privacy Obligations +34(1) A licensee shall comply with the Data Protection Act, 2025 (Act…..) in their collection, +processing, and storage of personal data. +(2) A licensee shall implement measures to safeguard personal data against unauthori sed +access, use, disclosure, or destruction. +(3)The Authority may issue sector -specific data protection guidelines in consultation with the +Data Protection Commission. +(4) Service providers shall retain call metadata only to the extent required by law for +national security or billing purposes, subject to a maxi mum retention period defined by the +Authority in consultation with the Data Protection Commission. +(5) Telecommunication service providers shall implement subscriber verification systems that +are interoperable with national identity databases, subject to o versight by the Authority and in +compliance with the Data Protection Act. +(6) Biometric data collection under subsection ( 5) shall be subject to a prior data protection +impact assessment in accordance with the Data Protection Act and any guidelines issued by +the Data Protection Commission. +Industry Forum +Establishment of Industry Forum +21 35. (1) There is established under this Act, an Industry Forum which is a platform that +periodically brings the industry together to discuss matters of common interest to the industry. +(2) The Authority may designate a body by notice within the industry to be the facilitator +for the Forum if the Authority is satisfied that the body +(a) is capable of performing the function required under this section ; +(b) has the administrative capacity to facilitate the Forum ; and +(c) has agreed in writing to be the facilitator for the forum. +(3) A network operator, service provider or an electronic communications equipment +manufacturer or dealer may participate in the activities of the Forum. +(4) The Authority may decide that a body that was previously designated to be the +facilitator for the Forum shall no longer be the facilitator if the Authority is satisfied that the +body has ceased to meet the requirements set out in subsec tion (2). +(5) A designation or withdrawal of designation under this section shall take effect from the +time specified by the Authority. +(6) Until the Authority designates a facilitator, the Authority shall facilitate the meetings of +the Forum. +(7) The Minister and the Authority shall participate in the +Forum as observers. +Industry Code +36. (1) An Industry Forum may +(a) on its own initiative ; or +(b) upon request by the Authority, +prepare a voluntary industry code to deal with a matter provided for in this Act. +(2) The code is not effective until it is registered by the Authority. +(3) The Authority shall register a voluntary industry code if it is consistent with +(a) the objects of the Authority, +(b) Regulations, standards and guidel ines made under this Act, and +(c) the provisions of this Act which are relevant to the particular matter or activity. +(4) The Authority may refuse to register a code if the Authority is satisfied that sufficient +opportunity for public consultation has no t been given in the development of the code by the +Forum. +(5) If registration of the code is refused, the Authority shall notify the Forum in writing and +provide the reasons for the refusal within thirty days of the refusal. +(6) If the Authority +(a) fails to register a code within thirty days after the date that the code was submitted for +registration ; and +(b) does not give the Forum notice of its refusal to register the code and the reasons for the +refusal within the required period the Authority sh all be deemed to have registered the code. +Rural communication services +Access to frequency spectrum +37. The Authority shall cater for rural communication services in its role as manager of the +radio spectrum resource but shall take into consideration the freedom of choice of technology +by the network operator. +Tariffs for rural communication services +38. (1) The Authority shall ensure that the principle of special interconnect applies to +agreements for the provision of rural telecommunications services. +22 (2) Calls to rural areas shall not be priced higher as a result of a special interconnection +agreement. +Road works and access to land Road works +39. (1) A network operator may in connection with its operations +(a) install or maintain a facility ; and +(b) remove a facility +(i) in or over a road or public ground ; or +(ii) on the shore or the bed of the sea, in accordance with the regulations of the Town and +Country Planning Department, the Land (Statutory Wayleaves) Act, 1963 (Act 186) an d any +other relevant law. +(2) A network operator shall before carrying out road works under subsection (1), +(a) obtain from the relevant authorities plans showing the utility installations that might be +affected ; +(b) submit detailed plans of the intende d road works to each utility installation owner likely +to be affected by the works ; +(c) first obtain written permission from the affected utility installation owner for road +works that might affect a utility installation ; +(d) notify the Authority of inte nded road works ; and +(e) obtain an environmental clearance certificate from the Environmental Protection +Agency. +(3) Where a network operator fails to obtain the permission of a utility installation owner +under subsection (2) paragraph (c), and there is a dispute, the Authority shall resolve the dispute . +(4) The Authority on receipt of a notice under subsection (2) paragraph (d), shall notify +other operators or public utilities of the intended road works and inquire whether they have an +intention to undert ake similar road works. +(5) Before carrying out road works, a network operator shall publish a description of the +works in both electronic and print media in the locality in which the road works are to be carried +out and shall inform affected persons by a means specified by the Authority. +(6) Road works shall not commence until after the expiration of fourteen days from the +date of the receipt of the permission and the environmental clearance certificate. +(7) The licensee may with the approval of the Aut hority dispense with the requirement set +out in subsection (6) in the event of an emergency. +(8) A network operator may dispense with the requirement of subsection (2) paragraph (c) +where the Authority certifies in writing that the intended road works are necessitated by an +emergency. +(9) A network operator or public utility notified under subsection (4) shall not carry out +road works within three months after the receipt of the notice except where the network +operator or public utility proves to the satis faction of the Authority the necessity of carrying +out emergency works. +(10) The network operator shall carry out the removal or alteration of utility installation and +where the affected utility installation owner carries out the removal or alteration, th e cost shall +be borne by the network operator. +Repair and restoration +40. (1) Where a network operator damages a utility installation in the process of carrying out +road works, the operator shall immediately notify the utility installation owner and repair the +damage to the utility installation within two weeks and the costs arising from the repairs shall +be borne by the network operator. +23 (2) A network operator shall, complete road works and restore the road and public grounds, +including the removal of debris, to the satisfaction of the relevant authority as quickly as +possible and within two weeks after completion of the road works. +(3) A network operator which fails to comply with subsection (2) is liable for the +expenditure incurred in the restoratio n of the road and public grounds and for any other loss +caused to another person. +Access to lands for inspection and maintenance +41. (1) An operator duly authorised in writing by the relevant authority may, at any reasonable +time, enter and survey publi c land in order to ascertain whether the land is suitable for the +operation of the operator's electronic communications network. +(2) Where, in the exercise of the power conferred by this section, +(a) damage is caused to land or to chattels ; or +(b) a person is disturbed in the enjoyment of land or chattel, the operator shall make good +the damage or pay compensation for the damage to or disturbance of the person whose interest +in the land or chattels has been affected. +(3) An operator in the inspection of land, installation of facilities, or maintenance of +facilities shall +(a) act in accordance with good engineering practice ; +(b) protect the environment ; +(c) protect the safety of persons and property ; and +(d) ensure that the activity as far as pract icable does not interfere with the operations of a +public utility, road, path, the movement of traffic, or the use of public grounds. +Installation of facilities on private land or buildings +42. (1) An operator may install and maintain facilities along, on or over land or in a building +and may enter any land or place, maintain a facility and repair or renew a facility on that land +or place. +(2) A network operator who wishes to install a facility on private land or building shall +(a) obtain the permissio n of the landowner ; and +(b) pay the mutually agreed compensation to the landowner for the access to the land. +(c) furnish the Authority with a acopy of the terms mutually agreed upon by the Parties, +which shall include provision on duration of the agreement, renewal and decommissioning or +removal terms. +(3) In furtherance of the installation, a network operator +(a) may lop or trim a tree that in its opinion is likely to damage or obstruct its +facility ; +(b) shall avoid causing damage to property or a person and shall pay full compensation for +any damage sustained by any person because of the installation ; and +(c) shall not +(i) place a facility on private land or in a building in a manner that interferes with or +obstructs any business or cultivation on adjoining land or the use of adjoining land by the +occupier of that land ; or +(ii) lop or trim a tree on the land, if it has not given at least fourteen days written notice to +the owner or occupier of the adjoining land or building, specifying the work to be done and +advising the owner or occupier of that owner's or occupier's right to give notice of an objection +to the Authority. +(4) An owner or occupier or the agent of an owner or occupier of land or building who +receives notice of a network operator ’s intention to place a facility on the land or building may +within fourteen days after receipt of the notice object to the notice by writing to the Authority +24 and the operator shall not proceed with the work or the part that is objected to until authorised +by the Authority to do so. +(5) Where there is disagreement over the amount of compensation to which a landowner is +entitled or where there is a dispute relating to the installation or maintenance of a facility on or +over land or in a building, the matter shall be referred to the Authority. +(6) A network operator shall, to the extent feasible, provide access to its facilities to other +network operators in accordance with section 19 and shall co -ordinate its installation or +maintenance of facilities on or over private land or in a private building with other operators. +(7) The rights of an owner of land or pro perty under this section does not limit any other +rights or reliefs that the owner has at law. +Radio frequency spectrum management +Radio Frequency Spectrum +43. (1) The Authority shall control, plan, administer, manage and license the radio +frequency sp ectrum for communication s and other purposes that require spectrum . +(2) The Authority shall comply with the applicable standards and requirements of the +International Telecommunication Union and its Radio Regulations, as agreed to or adopted by +the Republic in controlling, planning, administering, managing and licensing the use of the +radio frequency spectrum. +(3) The Authority shall allocate , allot and assign the uses of the radio frequency spectrum +of the communications sector in a manner that pro motes the economic and orderly utilisation +of frequencies by electronic communications networks and services. +(4) The Authority shall, in cooperation and consultation with the users of the spectrum in +the electronic communications sector in the country, develop and adopt a spectrum plan for the +allocation of the uses of the spectrum. +(5) The Authority shall consult bilaterally, regionally and internationally in developing the +spectrum plan and in the co -ordination of the use of frequencies. +(6) The Autho rity shall make, the spectrum plan available to a member of the public if that +member pays the fee specified by the Authority. +(7) The spectrum plan shall state how the spectrum shall be used and the procedures that +the Authority is to use to determine an application for authorisation to use a frequency band for +telecommunication services. +(8) The procedure referred to in subsection ( 7) may include granting the authorisation for +the use of the frequency band +(a) through auction ; +(b) through tender ; +(c) at a fixed price ; or +(d) based on stated criteria. +Allocation of frequency bands +44. (1) Subject to subsection (2) and despite any frequency authorisation granted by the +Authority, the Authority may, in accordance with the spectrum plan, assign and reassign a radio +frequency spectrum a frequency band. +(2) The Authority shall give priority to the needs of the Government in respect of matters +of national security in the allocation and re-allocation of a frequency band. +(3) The Authority may terminate a frequency authorisation if the authorisation holder refuses +to migrate to the new technology as a result of change of technology. +Considerations for allocation of frequency +25 45.The Authority in performing its functions under sections 43, and 44 shall take into account +(a) the impact of the spectrum plan on existing and future use ; +(b) the efficient use of the spectrum ; +(c) any applicable regional agreements, standards and arrangement ; +(d) any applicable international standards, International Telecommunication Union +Treaties and other international agreement ; and +(e) any other relevant matters having regard to the circumstances of the case. +Frequency monitoring stations . +46. The Authority may operate frequency monitoring stations to +(a) monit or the use of the frequency spectrum ; and +(b) carry out a technical function necessary for fulfilling the requirements of the Radio +Regulations of the International Telecommunication Union. +Harmful interference +47. (1) A person shall not operate a faci lity, terminal equipment or other equipment in a +manner that is likely to cause harmful interference except as is necessary on the grounds of +national security. +(2) Where the Authority is of the opinion that the use of a facility, terminal or other +equipm ent is likely to cause or has caused or is causing harmful interference, the Authority +may +(a) serve notice on the person in possession of the facility, terminal equipment or other +equipment requiring that person to cease the use of the facility, terminal or equipment within +seven days from the date of service of the notice ; or +(b) impose limits as to when the facility, terminal, equipment or other equipment may be +used, and whether or not reasonable steps have been taken to minimise the interference . +Space segment +48. The Authority shall ensure that access to the space segment is made available on a non - +discriminatory and equitable basis in allocating frequency bands for electronic communications +services that use satellite systems. +The National Elec tronic Communications Numbering Plan +Establishment of the National Electronic Communication s Numbering Plan +49.(1) The Authority shall establish, control, and manage a National Electronic +Communication s Numbering Plan for network and applications services. +(2) The plan may set out for network and applications services conditions which include +(a) the use of different numbers for different kinds of service including emergency services ; +(b) the assignme nt of numbers ; +(c) the transfer of assigned numbers, ; +(d) the use of assigned numbers ; +(e) requirements for network service providers and applications service providers to +maintain a plan to assign and reassign numbers ; +(f) the portability of assigned numbers ; and +(g) the rates which may be imposed by the Authority for the assignment and transfer of +numbers. +(3) The Authority shall publish in the Gazette the National Electronic Communications +Numbering Plan which shall specify +26 (a) the numbers that th e Authority has determined to be available for allocation as +telephone numbers ; +(b) restrictions that the Authority considers appropriate for the adoption of numbers +available for allocation in accordance with the plan ; and +(c) restrictions that the Auth ority considers appropriate for all other uses to which numbers +available for allocation in accordance with the plan may be put. +(4) The Authority shall periodically but in any case within two years review the National +Electronic Communications Numbering Plan. +(5) Subject to subsection (3), the Authority shall publish the plan on its website and in any +other manner that appears to the Authority to be appropriate to bring the contents of the plan to +the attention of the general public. +Termina l equipment and technical standards +Terminal equipment +50. (1) Any terminal equipment sold or otherwise provided in this country may be +connected to a public electronic communications network if the Authority certifies that the +terminal equipment +(a) is safe for the user ; +(b) is in compliance with international standards, and environmental, health and safety +standards including standards for electromagnetic radiation and emissions ; +(c) meets the requirements of electromagnetic compatibility provisions of international +treaties relating to electronic communications ; +(d) does not pose a risk of physical harm to the network ; +(e) effectively utilises the electromagnetic spectrum and prevents interference between +satellite and terrestrial -based systems and between terrestrial systems ; and +(f) is compatible with the network. +(2) The Authority, in certifying terminal equipment under subsection (1), may recognise +similar approvals from other jurisdictions that it may specify. +(3) Terminal equipment certifi ed under this section shall bear labels or other markings +determined by the Authority. +(4) The Authority may regulate, prohibit the sale or other distribution or connection of +terminal equipment or other device that is provided in the country primarily fo r the purposes +of circumventing, or facilitating the circumvention of a requirement of this Act. +(5) After the commencement of this Act, the Authority shall, as soon as reasonably +practicable, specify the means by which terminal equipment and other access ories shall be +provided and charged to users separately for the provision of public electronic communications +services. +Technical standards +51.(1) Licensees and authorisation holders may implement technical standards that they +consider appropriate and w hich are in conformity with accepted international standards. +(2) Despite subsection (1), the Authority may identify, adopt or establish and require +conformance to such technical standards as may be prescribed by Regulation , specify technical +standards in Regulations or where necessary, require conformity to a stated standard. +(3) Such regulations may contain safety limits for electromagnetics compatibility and the +Authority shall ensure that electronic communication equipment authori sed for use is within +the safety limits set by the Authority. +Testing and inspection +27 +Power to request information +52.The Authority may require a licensee, special licensee, authorisation holder or any other +person, to supply information, including specifi c answers to questions submitted to the +licensee, special licensee, authorisation holder or that other person, concerning +(a) an electronic communications network ; +(b) the use of the spectrum for which the licence, special licence or the frequency +author isation has been granted ; +(c) the operation of equipment or works carried out in relation to the network ; +(d) the use of the licensee's or special licensee's electronic communications network or +service ; +(e) operational and financial information ; or +(f) other information the Authority may consider relevant. +Pre-installation testing +53. (1) The Authority shall determine whether terminal equipment or any other equipment +fulfils the criteria stipulated in this Act or Regulations in order to certify or approve the terminal +equipment or other equipment to be installed or used for the network or service of +(a) a public electronic communications network ; +(b) a public electronic communications service ; or +(c) a broadcasting service. +(2) In order to make the det ermination , the Authority may require that the equipment be +tested in a manner that it may specify. +(3) The Authority may waive the requirement for testing after consultation with the +licensee, special licensee or authorisation holder, if it satisfied tha t the equipment has been +certified in accordance with international standards. +Standards for testing +54.A test under section 53 shall be conducted in accordance with international standards and +other standards prescribed by the Authority in Regulations. +Entry, search and inspection +55. (1) An authorised officer of the Authority may enter a place, vehicle, vessel, aircraft, or +other contrivance from which electronic communications network or service is operated or +provided, or from which a person is using a spectrum for telecommunications at a reasonable +time and +(a) test equipment or an article found in the place, vehicle, vessel, aircraft or other +contrivance which is used or intended to be used to operate an electronic communications +network, prov ide electronic communications service or which uses a spectrum ; +(b) examine the records or other documents related to the operation of the electronic +communications network, the provision of the electronic communications service or the use of +the spectrum ; +(c) search for equipment, articles, books, records or documents that may provide evidence +of +(i) contravention of this Act or of Regulations ; or +(ii) breach of a condition of the licence or frequency authorisation where necessary with +the assistance o f any other person authorised for the purpose by the Authority ; +(d) require the owner or person in charge of the place, vehicle, vessel, aircraft, or other +contrivance to give the authorised officer the reasonable assistance required for the examination +or search of the place, vehicle, vessel, aircraft or other contrivance ; and +28 (e) seize and take away equipment, articles, books, records or documents if it appears that +there has been +(i) a contravention of this Act or of any Regulation or +(ii) a breach o f condition of licence or frequency authorisation, +and lodge the items seized with the Authority. +(2) In furtherance of subsection (1), the personnel of the Authority may be accompanied by +a police officer. +(3) A licensee or authorisation holder shall p roduce the licence or frequency authorisation +for inspection on request by an authorised officer of the Authority. +(4) Any equipment seized or confiscated under subsection ( 1), paragraph (e) shall be +retained by the Authority for purpose of investigation, enforcement or legal proceeding s. +(5) The Authority shall not be required to return seized equipment where +(a) the return would constitute an ongoing violation of the law; or +(b) the equipm ent poses a risk to public safety, security, or regulatory risk, as may be +determined by the Authority. +(6) Wher e an equipment has been retained by the Authority for a period of at lea st twelve +(12) months, the Authority may, after conducting an administr ative review and determining +that the equipment is no longer required for investigation, enforcement , regulatory purposes +or legal proceedings, and that its continued retention or return is not in the public interest, +dispose of the equipment in a manner determined by the Authority. +Enforcement powers of the Authority +Enforcement powers of the Authority +56. (1) The Authority may in furtherance of its functions +(a) require the production of a document and information by a licensee ; +(b) apply to a District Magistrate for a warrant authorising the Authority or any other +person named in the warrant +(i) to search premises and to break open and search any cupboard, drawer, container or +other receptacle, whether a fixture or not, in the premises, and +(ii) to take possession of, or secure against interference, any book which appears to be a +book which the Authority has asked to be produced, if the Authority has reasonable grounds to +believe that a document it has requested to be produced is on any premis es but has not been +produced, +(c) require attendance and examination of a witness ; +(d) issue restraining orders in the event of a breach of a condition of a licence ; +(e) impose a pecuniary penalty on a licensee for breach of a condition of a licence ; and +(f) assess and award damages to be paid by a licensee to a third party injured as a result of +the breach by the licensee of the licence conditions. +(2) The powers conferred under subsection (1) are in addition to, and not in derogation of, +any other powers conferred by the Criminal and Other Offences (Procedure) Act, 1960 (Act +30) that relate to the search of premises. +(3) In this section “premises ” includes any structure, building, place, aircraft, vehicle or +vessel. +(4) The Authority shall specif y by periodic notices in the Gazette and on its website the +circumstances under which a pecuniary penalty and other penalties may be imposed and the +basis on which they may be calculated. +Offences +Offences +29 57. (1) A person who +(a) intentionally or negligently fails to comply with or acts in contravention of this Act ; +(b) intentionally or negligently fails to comply with prescribed standards and requirements +for the use of radio spectrum ; +(c) provides electronic communications service without a licence where a licence is +required for that service ; +(d) intentionally or negligently uses equipment in a manner that causes harmful +interference ; +(e) intentionally or negligently obstructs or interferes with the sending, transmission, +delivery or recep tion of communication ; +(f) intercepts or procures another person to intercept, without the authorisation of the +provider or user, or a court order, or otherwise obtains or procures another person to obtain, +unlawful access to communication transmitted ove r electronic communications network ; +(g) uses, or attempts to use, the content of any communication, knowing or having reason +to believe that the content was obtained through unlawful interception or access under +paragraph (e), +(h) is not the sender or intended recipient of a transmitted message or data but who +interferes with, alters or modifies, diverts, unlawfully discloses or decodes the transmitted +message or data, or facilitates the commission of these act, +(i) steals a transmitted message or data ; +(j) sells; +(i) or manufactures any system, equipment, card, plate or other device ; or +(ii) offers for sale, produces, distributes electronic communication service, +without licence ; or +(k) wilfully obstructs, hinders, molests or assaults personnel of the Authority duly engaged in +the exercise of power conferred on the Authority under this Act or the National +Communications Authority Act, 20 25 (Act…), commits an offence and is liable on summary +conviction to a fine of not more than three thousand pena lty units or to a term of imprisonment +of not more than five years or to both. +(2) Where an offence is committed by a corporate entity that entity is liable to a fine of not +more than nine thousand penalty units and each director of that entity shall be deeme d to have +committed the offence. +(3) Despite subsection (1), the Authority may, where a person has breached this Act, or +Regulations or where a licensee, a special licensee or an authorisation holder has breached a +condition contained in its li cence, special licence or frequency authorisation +(a) warn the person, licensee, special licensee or authorisation holder ; +(b) issue a cease and desist order ; +(c) apply to the High Court for +(i) an injunction to restrain the person, licensee, special licensee or authorisation holder +from continuing the breach ; or +(ii) other appropriate order to enforce compliance with this Act ; +(d) propose amendments to the licence or frequency authorisation in accordance with this +Act; +(e) suspend or terminate the licence or f requency authorisation in accordance with this Act ; +or +(f) take any other action that it considers appropriate and that is not contrary to this Act or the +National Communications Authority Act, 2025 (Act …). +(4) Despite subsection (1), a network operator or service provider may intercept any +communication that is transmitted over its network or service, +(a) if the interception is required to +30 (i) install, maintain or test equipment used or intended for use in the operation of the +network or the provision of the service ; +(ii) monitor the network or service quality ; +(iii) bill and collect charges from the sender or recipient of the communication ; +(iv) protect the network or service from harm ; +(v) protect users ; or +(vi) protect other network operators or service providers from the fraudulent use of their +networks or services ; +(b) in furtherance of a Court order ; or +(c) in compliance with an executive instrument issued by the President. +5. (1) A person who uses a subscriber identity module (SIM) or user identity module (UIM) for +terminating an international call on any network in Ghana as a local call, commits an offence +and is liable on summary conviction to a fine of not more than three thousand penalty units for +each SIM or UIM used in terminating the international call as a local call or to a term of +imprisonment of not more than five years or to both. +(2) Any person who deals in a pre -registered subscriber identity module or user identity' +module, commits an offence and is liable on summary convictio n to a fine of not more than +three thousand penalty' units or to a term of imprisonment of not more than five years or to +both. +(3) For the purposes of this section, a “pre-registered subscriber identify ’ module or user +identity' module" ’ means a module th at has been registered with the data of a person other than +the person who finally acquires the module for use on a network except as permitted by law. +Giving false information +58. A person who intentionally or negligently gives false or misleading infor mation to the +Authority , concerning matters relating to the objects and functions of the Authority, commits a +crime and is liable on summary conviction to fine of not less than two thousand penalty units +and not more than five thousand penalty units, or to a term of imprisonment of not more than +three years, or to both. +False signals +59. A person who knowingly transmits or circulates false or deceptive distress, safety or +identification signals commits an offence and is liable on summary conviction to a f ine of not +more than three thousand penalty units or to a term of imprisonment of not more than five +years , or both. +False communications +60. (1) A person who by means of electronic communications service, knowingly sends a +communication which is false or misleading and likely to prejudice the efficiency of life saving +service or to endanger the safety of any person, ship, aircraft, vessel or vehicle commits an +offence and is liable on summary conviction to a fine of not more than three thousand penalty +units or to a term of imprisonment of not more than five years or to both. +(2)A person is taken to know that a communication is false or misleading if that person did not +take reasonable steps to find out whether the communication was false, misleading, reckless or +fraudulent. +(3)Subsection (2) does not apply to the operator or provider of a network or service over which +a communication is sent. +Damage to equipment +61. A person who +31 (a) recklessly, maliciously or negligently damages, removes or destro ys a communication +facility or infrastructure facility ; or +(b) recklessly, intentionally or negligently interferes with, causes damage to, or accesses +without authorisation a computer, switch or other facility used in connection with the operation +or provision of electronic communications network or service, commits an offence, and +is liable on summary conviction to a fine of not more than three thousand penalty units or to a +term of imprisonment of not more than five years or to both. +Recovery of civil debt +62. Without limits to the rights that a person may have at law, a person convicted of an offence +under this Act is liable for the expenses reasonably incurred in the repair, restoration or +replacement of a computer, switch or other facility dam aged, removed or destroyed by that +person and the expenses are recoverable as a civil debt. +Confidentiality and disclosure of personal information +63. A person who intentionally +(a) discloses communication which that person knows was obtained in contra vention of +this Act ; or +(b) uses or discloses personal information in contravention of this Act +commits an offence and is liable on summary conviction to a fine of not more than one thousand +five hundred penalty units or to a term of imprisonment of not more than four years or both. +Re-programming mobile telephones +64. (1) A person commits an offence if that person +(a) changes a unique device identifier ; or +(b) interferes with the operation of a unique device identifier. +(2) For the purposes of this section , a unique device identifier is an electronic equipment +identifier which is unique to a mobile wireless communications device. +(3) A person does not commit an offence under this section if that person +(a) is the manufacturer of the device ; or +(b) does an act mentioned in subsection (1) with the written consent of the manufacturer of +the device. +(4) A person who commits an offence under this section is liable on summary conviction +to a fine of not more than three thousand penalty units or a term of imprisonment of not more +than five years or to both. +Possession or supply of a device for re -programming purposes +65. (1) A person commits an offence if +(a) that person has custody or control of a device which may be used to change or interfere +with the operation of a unique device identifier ; and +(b) there is reason to believe that that person intends to use the implement or device for an +unlawful purpose or to allow it to be used for an unlawful purpose. +(2) A person commits on offence if that person +(a) supplies or offers to supply an implement or device which may be used for the purpose +of changing or interfering with the operation of a unique device identifier ; and +(b) ought to know that the person to whom the offer to supply the implement or device is +made intends to use it unlawfully or to allow it to be used unlawfully. +(3) A person who commits an offence under this section is liable on summary conviction, +to a fine of not more than one hundred and twenty -five penalty units or to impriso nment for a +term of not more than six months or both. +32 +Fees +66. (1) Subject to the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080) +the Authority may charge fees for +(a) an individual licence, licence, special licence or frequency author isation or renewal ; +and +(b) a document that it makes available to a member of the public or any service that it +provides. +(2) Except as provided under this section, fees charged by the Authority shall be +commensurate with the cost of +(a) carrying out th e functions of the Authority under this Act ; +(b) administering the licence, special licence or frequency authorisation ; and +(c) providing the service for which the fee is charged. +(3) The fee for an individual licence may also be commensurate with the economic value +of the licence. +(4) Where the cost of a licence fee may be a deterrent to rapid investment or development, +the Authority may waive the fee or impose only a nominal fee for specialised operators serving +rural and low income communities or implementing development objectives consistent with +national policy. +(5) The fees shall be published on the website of the Authority. +Recovery of fees +67. (1) A fee, penalty or other levy payable to the Authority under this Act, if not paid within +the stipulated time, shall become a civil debt and may be recovered by the Authority in the +same manner as a judgment of the High Court. +(2) Without limiting subsection (1), a person who fails to pay a fee, penalty or other levy +payable to the Authority within the stipulated time is liable to pay to the Authority a fine of one +and a half percent of the amount due for each month or part of a month after the stipulated time +that the fee, penalty or other levy remained unpaid. +Resolution of disputes +Authority to establish a dispute resolution process +68. (1) The Authority shall establish a structured dispute resolution mechanism that includes +mediation, arbitration, and administrative adjudication. +(2)The Authority shall publish annual statistics on disputes r esolved and enforcement +outcomes. +(3)The Authority shall establish a dispute resolution process to resolve +(a) a dispute between or among different network operators or service providers, +(b) a dispute between a network operator or service provider and a utility provider, and +(c) a dispute between a network operator or service provider and a consumer. +(4) Anyone or more of the parties to a dispute may refer the dispute to the Authority or for +settlement by any alternative dispute resolution mechanism. +(5) Where parties to a dispute that relates to electronic communications agree that the +dispute is to be settled by +(a) the dispute resolution committee established under section 69, or +(b) any alternative dispute resolution mechanism, +the parties shall not institute an action in court until the disoute resolution procedure has been +exhausted. +33 Dispute Resolution Committee +69. (1) The Board shall establish a Dispute Resolution Committee for the purpose of the +resolution of disputes. +(2) The compo sition of the Committee shall be determined by the Board. +(3) The Committee shall expeditiously investigate and hear any matter which is brought +before it. +(4) The Authority shall determine the period within which disputes may be settled. +(5) The Commit tee may require evidence or arguments to be presented in writing and may +decide the matters upon which it will hear oral evidence or written arguments. +(6) A party to a dispute may appear at the hearing and may be represented by a lawyer or +another person of that person's choice. +Powers of the committee +70. (1) The Dispute Resolution Committee may +(a) issue summons to compel the attendance of witnesses, +(b) examine witnesses on oath, affirmation or otherwise, +(c) compel the production of documents, a nd +(d) refer a person for trial at the High Court for contempt. +(2) A summons issued by the Committee shall be under the hand of the Secretary of the +Authority. +Resolution of referred disputes +71. The Committee may, in settling a dispute +(a) make a declaration setting out the rights and obligations of the parties to the dispute, +(b) make provisional or interim orders or awards related to the matter or part of the matter, +or give directions in furtherance +of the hearing, +(c) dismiss or refrain from hearing or determining a matter in whole or in part if it appears +that the matter or part of the matter, is trivial or vexatious or that further proceedings are not +necessary or desirable in the public interest, +(d) in appropriate circumstances, orde r any party to pay the reasonable costs and expenses +of another party, including the expenses of witnesses and fees of lawyers, in bringing the matter +before the Authority, and +(e) generally give directions and do anything that is necessary or expedient f or the hearing +and determination of the matter. +Electronic Communications Tribunal +Establishment of the Electronic Communications Tribunal +72. There is established an appeal tribunal to be called the Electronic Communications Tribunal +which shall be convened on an ad -hoc basis to consider appeals against +(a) decisions or orders made by the Authority or to review a particular matter under a +licence, this Act or Regulations, and +(b) decisions of the Dispute Resolution Committee of the Authority. +Com position of the Tribunal +73. (1)'The members of the Tribunal shall be appointed by the Minister and shall consist of +(a) a chairperson who is either a retired Justice of the Superior Court or a lawyer of at least +fifteen years standing who has experience in telecommunication law, policy, regulations or +arbitration, and +34 (b) two other members with knowledge of and experience in the electronic communications +industry, electronic engineering, law, economics or business or public administration. +(2) The Mini ster shall appoint a registrar and other staff necessary for the smooth +operations of the Tribunal. +(3) The Tribunal shall sit on an ad -hoc basis, and the expenses incurred by the Tribunal shall +be charged to the income of the Authority and included as part of the Authority’s annual budget. +(4) Members and staff of the Tribunal shall be entitled to remuneration only for sittings held +for the hearing and determination of cases . +Rules of procedure of the Tribunal +74.(1) The Board shall, within thirty day s of the commencement of this Act, prepare proposals +for rules of procedure for the Tribunal. +(2)The proposals shall be approved by a panel of the Tribunal specifically convened for the +purpose. +(3)The Board shall by legislative instrument make Regulatio ns under this Act which shall +prescribe the approved rules. +Right of appeal +75.(1) A person affected by a decision of the Authority or the Dispute Resolution Committee +may appeal against it by sending a notice of appeal to the Tribunal in accordance with the rules +of procedure of the Tribunal. +(2) The notice of appeal must be sent within twenty -eight days after the date the decision +that is being appealed against is announced or received. +(3) The appellant shall set out in the notice of appeal +(a) the decision appealed against, +(b) the provision under which the decision appealed against was taken, and +(c) the grounds of appeal. +(4) Within one month after receipt of a notice of appeal the Tribunal shall be convened to +consider the appeal. +Decisi ons of the Tribunal +76.(1) The Tribunal, after hearing the appeal may +(a)quash the decision, +(b)allow the appeal in whole or in part, or +(c)dismiss the appeal and confirm the decision of the Authority. +(2)If the Tribunal allows the appeal in part, it may vary the decision of the Authority in any +manner and subject to any conditions or limitations that it considers appropriate to impose. +(3)The Tribunal may take into account any submissions filed by a person acting as a friend of +the Tribunal in reachi ng a decision on an appeal brought before it. +(4) A decision of the Tribunal has the same effect as a judgement of the High Court. +Appeals against the decisions of the Tribunal +77. (1) A party dissatisfied with a decision of the Tribunal may appeal to the Court of +Appeal. +(2) An appeal under this section shall relate only to a point of law arising from the decision +of the Tribunal. +(3) An appeal shall be made within ninety days after the decision of the Tribunal and there +shall be no extension of time . +General provisions +35 +Services provided from outside the Republic +78. The Authority may take appropriate action where electronic communications service +provided in the Republic from outside the Republic jeopardises the provision of, or otherwise +compete s unfairly with a service licensed under this Act. +Business operation rates +79. (1) A district assembly shall with the approval of the Authority determine the rate to be +paid by a network operator or service provider in respect of its business within the district. +(2) The Environmental Protection A uthority , the District Assembly, the Ghana Atomic +Energy Commission and the Civil Aviation Authority shall with the approval of the Authority +determine the rate to be paid by a network operator or service pr ovider in respect of charges +related to the granting of permits for the erection of towers and masts. +Levy on installed equipments +80.A levy shall not be imposed on installed equipment of a network operator or service +provider. +Forbearance +81. (1) Th e Authority may refrain, in whole or in part and conditionally or unconditionally, +from the exercise of any power or the discharge of any duty under this Act in relation to +electronic communications network or service, or use of spectrum by a person where the +Authority finds that to be in the interest of the Republic. +(2) Before determining to refrain from the exercise of any power or the discharge of any +duty, the Authority shall publish the matter for decision in the Gazette. +(3) A decision of the Autho rity under this section may be the subject of appeal to the +Tribunal. +Communications during a state of emergency +82. (1) Where a state of emergency is declared under Article 31 of the Constitution or another +law, an operator of communications or mass communications systems shall give priority to +requests and orders for the transmission of voice or data that the President considers necessary +in the interest of national security and defence. +(2) A service provider may, if facilities are disrupted as a resul t of force majeure or during a +period of emergency, use its service for emergency communications in a manner other than +specified in its licence or in the applicable regulations. +(3) The use of a service for emergency communications shall be discontinued when normal +telecommunication services are again available or when the special use of the facilities, +equipment or service is terminated by the President. +(4) Where the President requires a licensee or special licensee to give priority to +communications o f the Government, the communications shall have priority over all other +communications but be in accordance with the International Telecommunications Union +Treaties. +(5) A network operator or service provider shall develop and cooperate in the development +and implementation of plans for operating networks and providing services during force +majeure and periods of serious and substantial interruption in the provision of electronic +communications services. +(6) The President may assume direct control of the electronic communications services and +issue operating regulations in the event of a war declared according to law. +36 Powers of the President +83.The President may by executive instrument make written requests and issue orders to +operators or providers of electronic communications networks or services requiring them to +intercept communications, provide any user information or otherwise in aid of law enforcement +or national security. +Regulations +84.(1) The Minister may , on the advice of the Authority , by legislative instrument make +Regulations generally to give effect to the provisions of this Act and shall in particular, make +Regulations in relation to +(a) the procedure to be applied by a provider of a broadcasting service or a +broadcasting organisation in relation to claims and complaints by customers ; +(b) the procedures for the administrative adjudication, mediation or arbitration of +disputes between operators and their subscribers ; +(c) the determination of breaches of the Regulations or conditions of the frequency +authorisation and the nature of sanctions, impositions, warnings and other penalties in +respect of the breaches. ; +(d) the issue, conditions, duration, suspension or revocation of licences for electronic +communications service, as well as frequency assignments and other authorisations +relating to these services ; +(e) interconnection which may contain, among others, the matters to be covered in every +interconnection agreement ; +(f) procedures to be applied by a service provider to handle claims and complaints filed +by subscribers or customers of communications services ; +(g) conditions under which claims and complaints of communications services subscribers +or customers which are not satisfactorily resolved by the service provider may be +submitted to the Authority, and the procedures to be applied by the Authority in +handling the claims and complaints ; +(h) procedure for an integrated framework for robust, multi -hazard emergency +communications on the declarations of an emergency in accordance with law ; +(i) other matters th at the Board may from time to time consider necessary, having regard +to the objectives and functions of the Authority, +(j) the parameters of what constitutes significant market power ; and +(k) the guidelines, standards and other requirements that the Authority may issue or +specify. +(2) The Authority shall publish the Regulations on its website. +(3) Despite the Statutory Instruments Act, 1959 (No. 52) the penalty for contravention of +the regulations shall be a fine of not less than two thousand penalty units and not more than +five thousand penalty units. +Interpretation +85. (1) In this Act, unless the context otherwise requires: +"access" means, with respect to an electronic communications network or service, the ability +of a service provider or user to use the electronic communications network or service of another +operator or provider; +37 "abuse of dominant position" means conduct by an operator e or service provider that exploits +market power to restrict competition, exclude rivals, or exploit consumers, incl uding through +unfair pricing, discriminatory practices, or refusal to supply; +"affiliated" has the same meaning assigned to it under the Companies Act, 2019 (Act 992); +"authorisation holder" means a person that is granted a frequency authorisation by the +Authority under this Act; +"Authority" means the National Communications Authority established under the National +Communications Authority Act, 2025 (Act…..); +"behavioural remedies" means non -structural regulatory measures imposed by the Authority to +address anti-competitive practices, including pricing controls, reporting obligations, or +prohibitions on specific conduct; +"Board" means the Board of the National Communications Authority established in section 1 +of the National Communications Authority Act, 202 5 (Act ….); +"broadcasting service" includes the transmission of programmes, whether or not encrypted, by +means of electronic communications for reception by the public, and includes radio, television +and similar point -to-multipoint transmissions; +"build ou t" means the process of establishing, expanding or completing a network +infrastructure to meet service obligations, including coverage, capacity and quality targets; +"bundling" means the practice of offering two or more electronic communications services o r +products as a combined package in a manner that may disadvantage competing providers or +distort consumer choice; +"cease and desist order" means a written directive issued by the Authority or a court requiring +a person to stop an act or omission that cons titutes a breach of this Act or any regulations, +licence, or authorisation issued under it; +"closed user group service" means an electronic communications service used exclusively +within a defined group, operated without interconnection to a public network and not available +to the general public; +"Committee" means the Dispute Resolution Committee established under section 69 of this +Act; +"Community college" means a tertiary educational institution established in a local community, +including vocational or polytechnic institutions; +"Computer Emergency Response Team (CERT)" means a technical team designated by the +national cybersecurity regulator to coordinate responses to cybersecurity incidents and threats +affecting electronic communications infrastructure; +38 "content moderation" means any action taken by a service provider to assess, restrict, remove, +label, or otherwise manage content transmitted through its platform in accordance with +applicable laws or regulations; +"Court" means the High Court; +"Critical electronic infrastructure" means any electronic communications network, facility, or +system designated by the Authority as vital to national security, public safety, or economic +continuity, whose disruption could significantly impair the functioning of the State or the +delivery of essential electronic communications services ; +"cyber incident" means any actual or suspected event that compromises, or threatens to +compromise, the security, availability, confidentiality, or integrity of an electronic +communicat ions network or service; +"cybersecurity" means the protection of electronic communications networks, services, and +information systems from unauthorised access, disruption, modification, or destruction, +including through technical, organisational, and lega l measures; +"cybersecurity regulator" means the statutory body designated to coordinate and regulate +cybersecurity matters in the Republic, including setting standards, receiving reports, and +directing mitigation measures; +"decommissioning" means the proce ss of dismantling, removing, or rendering inoperative any +electronic communications infrastructure, such as towers or masts, in accordance with +applicable environmental and regulatory standards; +"digital service" means an electronically delivered service t hat relies on communications +networks and includes Over -the-Top services, cloud -based platforms, and content applications +that interact with end users over the internet; +"district" means the area of authority of a District Assembly; +"district assembly" inc ludes a Municipal Assembly and a Metropolitan Assembly; +"electromagnetic compatibility (EMC)" means the ability of electronic communications +equipment or systems to function satisfactorily in their electromagnetic environment without +causing or suffering f rom intolerable electromagnetic disturbances; +"electromagnetic emission" means the radiation of electromagnetic energy from an electronic +device or equipment during operation, including intentional or incidental emissions, as +regulated by the Authority; +"electromagnetic emission limits" means the prescribed maximum levels of electromagnetic +radiation that electronic communications infrastructure may emit, as established by the +Authority in accordance with international standards; +"electronic communications" means any communication by wire, radio, optical, +electromagnetic or other technological means; +39 "electronic communications equipment" means any instrument, apparatus, device, system, +software or hardware used for the transmission, reception, processing, st orage or routing of +data, voice or other communications through electronic means; +"electronic communications network" means any transmission system, whether wire, radio, +optical, electromagnetic or a combination, used for the conveyance of signals for elec tronic +communications; +"electronic communications service" includes public and private services, value added +services, radio communication services and closed user group services, provided by means of +an electronic communications network; +"emergency commun ications" means communications carried out in response to a declared +state of emergency, disaster, or national threat, and includes any messages prioritised by the +Government for the protection of life, property or national security; +"essential facility" m eans a facility or infrastructure that is indispensable to the provision of +electronic communications services and for which duplication is not economically or +technically feasible, and denial of access could hinder competition; +"facility" includes any phy sical infrastructure used in connection with the provision of +electronic communications services, including wires, poles, cables, masts, conduits and similar +installations, but excludes terminal equipment; +"forbearance" means the decision by the Authority to suspend or decline to exercise a +regulatory power or impose an obligation under this Act, either conditionally or +unconditionally, in the public interest; +"frequency authorisation" means the right granted by the Authority to use a specified frequency +band under conditions set out in this Act; +"frequency band" means a defined range of radio frequencies allocated for a particular purpose; +"geographic market" means the specific area or demographic scope in which a network +operator or service provider is aut horised to operate; +"grievance redressal mechanism" means the process established by a provider or the Authority +to enable users to lodge complaints, seek review, or obtain remedies for service -related +concerns or content moderation decisions; +"harmful int erference" means any emission or transmission that disrupts, obstructs, or degrades +the authorised operation of a broadcasting or electronic communications service; +"Industry Forum" means the platform established under section 33 for dialogue among +stakeho lders in the communications sector; +"interconnection" means the physical or logical linking of electronic communications networks +or services to enable communication between users or access to services; +40 "International Telecommunications Union treaties" includes the Constitution, Convention, and +Regulations of the International Telecommunication Union as adopted by the Republic; +“licensee” includes the holder of a frequency authorisation; +"mast co -location" means the shared use of an existing telecommunic ations tower or mast by +multiple licensees or service providers to reduce infrastructure duplication and mitigate +environmental impact; +"Minister" means the Minister responsible for communications; +"network" means an electronic communications network; +"network operator" means a person licensed under this Act to operate a public electronic +communications network; +"network resilience" means the capacity of an electronic communications network to resist, +absorb, and recover from disruptive events while con tinuing to provide essential services; +"network termination point" means the physical or virtual point at which a user connects +terminal equipment to an electronic communications network; +"number portability" means the ability of a subscriber to retain the same telephone number +when switching from one service provider to another; +“operator” means a licensee or holder of frequency authorisation; +"Over -the-Top (OTT) services" means broadcasting and telecommunications services, +including but not limited to vo ice, messaging, or video platforms, that are delivered over the +internet and operate independently of the network infrastructure or service platforms of +licensed network or service providers. ; +"Over -the-Top (OTT) service" means a service that delivers con tent or applications over the +internet without requiring control or ownership of the underlying transmission infrastructure, +including messaging, streaming, and digital financial platforms; +"premises" includes any land, building, structure, vehicle, vessel or aircraft; +"premium rate service" means an electronic communications service that imposes a charge +higher than the standard rate for access to certain content or functionality, and where part of +the fee is retained by the service or content provider; +"predatory pricing" means the practice by a licensee of setting prices below cost for a sustained +period with the intention of eliminating competitors or deterring market entry; +"prescribe" means prescribed by the National Communications Authority or Regulat ions made +under this Act; +41 "private electronic communications service" means a service used exclusively within a single +enterprise or affiliated group for internal communications without interconnection to a public +network; +"public electronic communications network" means an electronic communications network +used to provide public electronic communications services; +"public electronic communications service" means a service provided to the public that permits +users to communicate electronically with others, whether voice, data or multimedia, regardless +of the technology used; +"public ground" includes any area open to or accessible by the public, whether or not enclosed; +"public utility" has the same meaning assigned to it under the Public Utilities Regulatory +Commission Act, 1997 (Act 538); +"radiation" means the emission or propagation of electromagnetic waves or particles from +electronic communications equipment, including incidental or intentional emissions; +"road works" means any construction, installation, maintenance, or excavation work involving +roads or public grounds for the purpose of laying or accessing electronic communications +infrastructure; +"service provider" means a person licensed under this Act to provide a public electronic +communications serv ice; +"significant interest" means a level of ownership or control in a licensee or authorisation holder +which enables a person to influence decisions, directly or indirectly, and includes interests +defined by the Authority and published in the Gazette; +"significant market power" means the ability of a network operator or service provider, either +alone or jointly, to operate independently of competitive pressures in the market, particularly +in pricing and service conditions; +"single set of premises" means pr emises occupied and operated under the control of a single +entity and not shared with unrelated parties; +"site restoration" means the process of rehabilitating a site previously occupied by electronic +communications infrastructure to its original or approv ed condition following +decommissioning; +"space segment" means the part of a satellite communication system comprising satellites and +their sensors and ground control components required for signal transmission and reception; +"special interconnect" means an interconnection arrangement approved by the Authority that +applies modified terms to enable service delivery in rural or underserved areas; +"special licence" means a licence granted by the Authority under exigent circumstances as +defined in section 17 of this Act; +42 "special licensee" means a person who holds a special licence; +"spectrum" means the range of electromagnetic wave frequencies used for communication +services; +"spectrum plan" means the official allocation framework developed by the Authority to g uide +the use and management of radio frequency bands for telecommunications and broadcasting +purposes; +"structural remedies" means regulatory measures that alter the structure or assets of an operator +or service provider, including divestiture, separation, or transfer of control, to remedy or +prevent anti -competitive effects; +"takedown mechanism" means a process established by a service provider or mandated by the +Authority for the prompt removal or restriction of unlawful or harmful content transmitted via +an electronic communications service; +"telecentre" means a technology -enabled facility in a community that provides access to ICT +services to the public; +"telecommunications" includes the transmission, emission or reception of signals, writing, +images, so unds, or intelligence of any nature by any wire, radio, optical, satellite or other +electromagnetic system; +"terminal equipment" means equipment on the user side of the network termination point used +to access, originate, or terminate communications; +"traffic management" means the technical measures employed by a network operator to +monitor, control, prioritise, or restrict data traffic on an electronic communications network in +order to maintain network integrity or comply with regulatory obligations; +"transparency reporting" means the periodic disclosure by a service provider of information +regarding its content moderation, data requests, takedown actions, and compliance with +applicable laws; +"Tribunal" means the Electronic Communications Tribunal establis hed under section 72 of this +Act; +"universal access" means community -based access to communications services as determined +by the Authority in accordance with this Act; +"universal service" means public communications services which the Authority determines +must be provided under universal service obligations; +"user" means a customer, subscriber or end -user of electronic communications or broadcasting +services; +"utility installation" means physical infrastructure used by a public utility to deliver electricity, +water, or gas; +43 "utility installation owner" means the owner or operator of a utility installation; +"value added service" means an enhanced electronic communications service that provides +additional features, content or interactivity beyond sta ndard voice or data transmission, +including streaming, mobile money, and internet -based applications, but excluding public +electronic communications services. +(2) In this Act unless the context otherwise requires, words and expressions defined in the +Natio nal Communications Act 2025 (Act ….) have the same meaning in this Act. +Repeals and savings +86. (1) The Electronic Communications Act, 2008 (Act 772) is hereby repealed. +(2) Despite the repeal under subsection (1) , licences, frequency authorisations, not ices or other +act made or done lawfully under the repealed enactment and in force immediately before the +coming into force of this Act, which are not inconsistent with this Act shall be considered to +have been made under this Act and shall continue to have effect until revoked, reviewed, +cancelled, terminated or upon its expiration. +(3) The Act shall not affect the repealed enactment in the operation of offences committed, +penalties imposed or proceedings commenced before the coming into force of this Act. +Modifications of existing enactments +87. (1) The provisions of any enactment relevant to this Act and in existence before the coming +into force of this Act shall have effect subject to such modifications necessary to give effect to +this Act. +(2) Where there is a conflict or inconsistency between the provisions of this Act and any other +enactment relevant to this Act, the provisions of this Act shall prevail. +Transitional Provisions +88. A licence, frequency authorisation, permit or certificate issued by the National +Communications Authority in respect of electronic communications, spectrum, or broadcasting +services shall remain valid until it is revoked, cancelled, terminated by the Authority, or expires +in accordance with its terms . +*Date of Ga zette notification: \ No newline at end of file diff --git a/assets/example_bills/electronic-communications-bill-2025/metadata.json b/assets/example_bills/electronic-communications-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..1b86a193f9a65f7415b2527521164db07e081887 --- /dev/null +++ b/assets/example_bills/electronic-communications-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:14:57.859345+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-Electronic-Communications-Bill-2025.pdf", + "document_hash": "4cc9148086157b670e0f049b40e1c8ba33ff8046a625bfc3e72250df6f5fe189", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/electronic-transactions-bill-2025/analysis.json b/assets/example_bills/electronic-transactions-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..d9afaa9cb17de95a48684d110ba27717a9706f96 --- /dev/null +++ b/assets/example_bills/electronic-transactions-bill-2025/analysis.json @@ -0,0 +1,82 @@ +{ + "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.", + "bill_summary": [ + "Recognizes electronic records and digital signatures as legally equivalent to traditional written forms.", + "Mandates secure handling of electronic records, including retention, integrity, and authentication requirements.", + "Establishes a Certifying Agency to oversee encryption/authentication services, issue licenses, and ensure compliance.", + "Requires public agencies to accept electronic filings, permits, and payments, promoting e-government services.", + "Imposes consumer protection measures, including liability for misuse of electronic payment systems and safeguards for vulnerable groups.", + "Regulates automated transactions, requiring transparency, user opt-out options, and safeguards against errors in AI-driven systems.", + "Introduces a framework for mutual recognition of foreign certifying authorities under specified conditions." + ], + "implementation": [ + { + "stakeholder": "Public agencies", + "obligation": "Accept electronic filings, permits, and payments as per the Act.", + "implementation_burden": "Updating systems and procedures to comply with electronic record requirements.", + "risk_or_note": "Potential initial costs for digital infrastructure upgrades." + }, + { + "stakeholder": "Licensed encryption/authentication service providers", + "obligation": "Maintain security protocols, undergo audits, and comply with licensing conditions.", + "implementation_burden": "Ongoing compliance costs, including audits and liability insurance (minimum GHS10M).", + "risk_or_note": "Risk of license suspension/revocation for non-compliance." + }, + { + "stakeholder": "Consumers", + "obligation": "Verify authenticity of digital signatures and electronic records.", + "implementation_burden": "Need to adopt new verification practices for digital transactions.", + "risk_or_note": "Increased exposure to fraud if verification steps are not followed." + }, + { + "stakeholder": "Foreign certifying authorities", + "obligation": "Comply with Ghana's interoperability standards and mutual recognition frameworks.", + "implementation_burden": "Adapting systems to meet Ghana's technical and regulatory requirements.", + "risk_or_note": "Risk of non-recognition if standards are not met." + } + ], + "critique": [ + { + "issue": "Ambiguity in liability for automated transactions", + "why_it_matters": "The Act allows automated transactions but lacks clarity on liability for errors in AI-driven systems, potentially leaving users without recourse.", + "recommendation": "Clarify liability frameworks for automated systems, including clear rules for error correction and user compensation." + }, + { + "issue": "Overreach by the Certifying Agency", + "why_it_matters": "The Certifying Agency has broad powers to suspend/revocate licenses and set technical standards, risking regulatory capture or stifling innovation.", + "recommendation": "Introduce independent oversight mechanisms and public consultation processes for standard-setting." + }, + { + "issue": "Compliance burden on SMEs", + "why_it_matters": "Mandatory security protocols and liability insurance (GHS10M) may disproportionately burden small businesses.", + "recommendation": "Provide phased implementation timelines or scaled compliance requirements for SMEs." + }, + { + "issue": "Risk of market concentration in certification services", + "why_it_matters": "The Act may inadvertently favor dominant certifying agencies, reducing competition and increasing costs.", + "recommendation": "Mandate periodic reviews of market competition and promote open licensing criteria." + } + ], + "swot": { + "strengths": [ + "Legal clarity for electronic transactions, reducing barriers to digital adoption.", + "Promotion of e-government services, improving public service delivery efficiency.", + "Consumer protection measures, including safeguards for vulnerable groups and digital rights." + ], + "weaknesses": [ + "High compliance costs for SMEs due to mandatory insurance and security protocols.", + "Potential regulatory overreach by the Certifying Agency without independent checks.", + "Ambiguity in liability for automated systems, creating legal uncertainties." + ], + "opportunities": [ + "Stimulating innovation in digital services and e-commerce through legal certainty.", + "Enhancing digital inclusion by ensuring accessibility for persons with disabilities.", + "Attracting foreign investment through mutual recognition of international certification standards." + ], + "threats": [ + "Risk of monopolization in certification services, limiting competition.", + "Data privacy risks if security protocols are not rigorously enforced.", + "Potential for increased cybercrime if verification processes are not universally adopted." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/electronic-transactions-bill-2025/chunks.json b/assets/example_bills/electronic-transactions-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..dda299b8f06f6329d907005e9640742fe74509a2 --- /dev/null +++ b/assets/example_bills/electronic-transactions-bill-2025/chunks.json @@ -0,0 +1,95 @@ +[ + "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", + "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", + "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", + "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;", + "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,", + "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", + "(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", + "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", + "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,", + "(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", + "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", + "(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", + "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;", + "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;", + "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,", + "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", + "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", + "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", + "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", + "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", + "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", + "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", + "(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", + "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", + "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", + "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", + "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.", + "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,", + "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;", + "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.", + "(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;", + "(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", + "(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", + "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.", + "(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;", + "(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", + "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", + "(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", + "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", + "(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.", + "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", + "(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.", + "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", + "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", + "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,", + "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", + "(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", + "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", + "(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", + "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", + "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", + "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.", + "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.", + "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.", + "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", + "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", + "(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", + "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,", + "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", + "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;", + "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", + "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", + "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.", + "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", + "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", + "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;", + "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", + "(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", + "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", + "\"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;", + "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;", + "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", + "(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;", + "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;", + "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;", + "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", + "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;", + "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;", + "\"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", + "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", + "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", + "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,", + "\"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;", + "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", + "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;", + "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", + "\"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;", + "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,", + "\"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,", + "\"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;", + "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", + "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", + "givenaperiodoftwelvemonthsfromthecommencementofthisAct,orsuch\nlongerperiodasmaybeprescribedbytheMinister,tobringtheiroperations\nintofullcompliance.\n*DateofGazettenotification:" +] \ No newline at end of file diff --git a/assets/example_bills/electronic-transactions-bill-2025/document.txt b/assets/example_bills/electronic-transactions-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..85d10106e0e3e687d192e0015c8d8ce2cf7ff4f8 --- /dev/null +++ b/assets/example_bills/electronic-transactions-bill-2025/document.txt @@ -0,0 +1,1708 @@ +1ELECTRONICTRANSACTIONSBILL,2025 +ARRANGEMENTOFSECTIONS +Section +ObjectandscopeoftheAct +1.ObjectoftheAct +2.Application +3.ScopeofAct +Electronictransactions +4.Recognitionofelectronicmessage +5.Originalwriting +6.Admissibilityandevidentialweightofelectronicrecords +7.Retentionofelectronicrecords +8.Secureelectronicrecords +9.Digitalandelectronicsignatures +10.Equaltreatmentofdigitalandelectronicsignatures +11.Signingofanelectronicrecord +12.Conductofapersonrelyingonadigitalorelectronicsignature +13.Recognitionofelectroniccertificatesanddigitalorelectronicsignatures +14.Notarisation,acknowledgementandcertification +15.Otherrequirements +16.Automatedtransactions +17.Despatchofelectronicrecord +18.Receiptofelectronicrecord +19.Expressionofintentorotherstatement +20.Attributionofelectronicrecordstooriginator +21.Acknowledgementofreceiptofelectronicrecord +22.Formationandvalidityofagreements +23.Variationbyagreementbetweenparties +2Electronicgovernmentservices +24.Acceptanceofelectronicfilingandissuingofdocuments +25.Publicagencyandelectronicrecords +26.Publicationinelectronicformat +CertifyingAgency +27.Prohibitedacts +28.Provisionofauthenticationencryptionservices +29.CertifyingAgency +30.FunctionsoftheCertifyingAgency +31.Revocationofsuspensionoflicence +32.Surrenderoflicence +33.Recognitionofforeigncertifyingauthorities +34.Repositoryofdigitalandelectronicsignatures +35.Registeroflicenceholders +36.Restrictionsofdisclosureofinformation +37.Applicationforlicence +38.Grantoflicence +39.Displayoflicence +40.Dutiesoflicensedentities +41.Renewaloflicence +42.Procedureforgrantorrejectionofrenewaloflicence +43.Notificationofadverseevent +44.Procedurestobefollowedbylicensedperson +Consumerprotection +45.Scopeofapplication +46.Informationtobeprovided +47.Performance +48.Graceperiod +49.Unsolicitedgoods,servicesorcommunications +50.Liabilityformisuseofelectronicpaymentmedium +51.Electronicpaymentmediumlistsprohibited +52.Applicabilityofforeignlaw +53.Non-exclusion +3Protectedcomputersandcriticaldatabase +54.Protectedcomputer +55.Identificationofcriticalelectronicrecordandcriticaldatabases +56.Scopeofcriticaldatabaseprotection +57.Registrationofcriticaldatabases +58.Managementofcriticaldatabases +59.Restrictionsondisclosureofinformation +60.Audits +61.Non-compliancewithAct +AppealTribunal +62.EstablishmentoftheInformationCommunicationTechnologyTribunal +63.CompositionoftheTribunal +64.RulesofProcedureofTribunal +65.AppealsagainstdecisionsoftheAgency +66.DecisionofTribunal +67.AppealsagainstthedecisionsoftheTribunal +IndustryForum +68.EstablishmentofIndustryForum +69.Industrycode +Liabilityofserviceprovidersandintermediaries +70.Mereconduit +71.Electronicrecordtransmission +72.Hosting +73.Informationlocationtools +74.Take-downnotification +75.Monitoringandcompliance +76.RiskAssessmentsandmitigation +77.Transparencyobligations +78.Protectionofchildren +79.Duediligenceobligations +80.Limitationsandprohibitedacts +81.Savings +4Miscellaneousmatters +82.TerritorialscopeofoffencesunderthisAct +83.Guidelines,directives,orcodesofpractice +84.Regulations +85.Interpretation +86.Repealsandsavings +87.Modificationofexistingenactments +88.TransitionalProvisions +5ABILL +ENTITLED +ELECTRONICTRANSACTIONSACT,2025 +ANACTtoprovidefortheregulationofelectroniccommunicationsand +relatedtransactionsandtoprovideforrelatedmatters. +DATEOFASSENT: +ENACTEDbyParliamentandassentedtobythePresident +ObjectoftheAct +ObjectoftheAct +1.(1)TheobjectofthisActistoprovideforandfacilitateelectronic +communicationsandrelatedtransactionsinthepublicinterest,andto +(a)removeandpreventbarrierstoelectroniccommunicationsand +transactions; +(b)promotelegalcertaintyandconfidenceinelectronic +communicationsandtransactions; +(c)promotee-governmentservicesandelectroniccommunications +andtransactionswithpublicandprivatebodies,institutionsand +citizens; +(d)developasafe,secureandeffectiveenvironmentforthe +consumer,businessandtheGovernmenttoconductanduse +electronictransactions; +(e)promotethedevelopmentofelectronictransactionservices +responsivetotheneedsofconsumers; +(f)ensurethat,inrelationtotheprovisionofelectronictransactions +services,thespecialneedsofvulnerablegroupsand +communitiesandpersonswithdisabilitiesaredulytakeninto +account; +6(g)ensurecompliancewithacceptedinternationaltechnical +standardsintheprovisionanddevelopmentofelectronic +communicationsandtransactions;and +(h)ensurethattheinterestandimageoftheRepublicarenot +compromisedthroughtheuseofelectroniccommunications. +Application +2.ThisActappliestoelectronictransactionsandelectronicrecordsof +everytype. +ScopeofAct +3.(1)ThisActshallnotbeinterpretedsoastoexcludestatutorylaworthe +principlesofthecommonlawbeingappliedto,recognisingor +accommodatingelectronictransactions,electronicrecordsoranyothermatter +providedforinthisAct. +(2)Unlessotherwiseprovided,thisActshallnotbeconstruedas +(a)requiringapersontogenerate,communicate,produce,process, +send,receive,record,retain,storeordisplayinformation, +documentorsignaturebyorinelectronicform;or +(b)prohibitingapersonfromestablishingrequirementsinrespect +ofthemannerinwhichthatpersonwillacceptelectronic +records. +(3)ThisActdoesnotlimittheoperationoflawthatexpressly +authorises,prohibitsorregulatestheuseofelectronicrecordsandany +legalrequirementlawforinformationtobeposted,displayedor +transmittedinaspecifiedmanner. +Electronictransactions +Recognitionofelectronicmessage +4.ExceptasprovidedinthisAct,wherealawprovidesthatinformationor +anyothermattershallbeinwriting,typewrittenorinprintedform,the +requirementshallbedeemedtohavebeensatisfiediftheinformationor +matteris +(a)renderedormadeavailableinanelectronicform, +(b)accessible,and +(c)capableofbeingretainedforasubsequentreferencedespite +thecontraryintentioninthelaw. +7Originalwriting +5.(1)Wherealawrequiresinformationtobepresentedorretainedinits +originalform,therequirementshallbedeemedtohavebeensatisfiedbyan +electronicrecordif +(a)thereisreliableassuranceoftheintegrityoftheelectronic +record,and +(b)theelectronicrecordiscapableofbeingdisplayedtotheperson +towhomitistobepresented. +(2)Thecriteriatoassessintegrityshallbewhethertheinformationhas +remainedcompleteandunalteredandtheinformationshallbeassessedtaking +intoconsiderationtherelevantcircumstancesforwhichtheinformationwas +generatedtodeterminethestandardofreliability. +Admissibilityandevidentialweightofelectronicrecords +6.(1)Theadmissibilityofanelectronicrecordshallnotbedeniedas +evidenceinlegalproceedingsexceptasprovidedinthisAct. +(2)InassessingtheevidentialweightofanelectronicrecordtheCourt +shallhaveregardto +(a)thereliabilityofthemannerinwhichtheelectronicrecordwas +generated,displayed,storedorcommunicated, +(b)thereliabilityofthemannerinwhichtheintegrityofthe +informationwasmaintained, +(c)themannerinwhichitsoriginatorwasidentified,and +(d)anyotherfactsthattheCourtmayconsiderrelevant. +Retentionofelectronicrecords +7.(1)Wherealawrequiresthatadocument,recordorinformationshallbe +retained,thatrequirementisdeemedtohavebeenmetifthedocument,record +orinformationisheldinelectronicformand +(a)isaccessible, +(b)iscapableofretentionforsubsequentreference, +(c)isretainedintheformatinwhichitwasgenerated,sentor +received,orinaformatwhichcanbedemonstratedtorepresent +accuratelytheinformationgenerated,sentorreceived,and +8(d)isretainedtoenabletheidentificationoftheoriginand +destinationoftheelectronicrecordandthedateandtimewhen +itwassentorreceived. +(2) Thedocument,recordorinformationshallbekeptin +electronicformforatleastsixyears. +(3) Anobligationtoretainadocument,recordorinformationdoes +notextendtoinformationwhichisonlytoenablethemessagetobesentor +received. +Secureelectronicrecord +8.(1)Whereasecurityprocedurehasbeenappliedtoanelectronicrecord +ataspecificpointintime,therecordisdeemedtobeasecureelectronic +recordduringtheperiodwhenthesecurityprocedurewasapplied. +(2) Anunauthorisedalterationofthesecurityprocedurerenders +therecordinvalid. +(3) Analterationisunauthorisedifitisdonebyapersonwithout +thelawfulauthorityofthepersonwhooriginallyappliedthesecurity +procedure. +Digitalandelectronicsignatures +9.(1)Wherealawrequiresthesignatureofaperson,thatrequirementis +deemedtobesatisfiedinrelationtoanelectronicrecordifadigitalor +electronicsignatureisused. +(2)Adigitalorelectronicsignatureisdeemedtobeauthenticif +(a)themeansofcreatingthedigitalorelectronicsignatureis, +withinthecontextinwhichitisused,linkedtothesignatory +andnottoanotherperson, +(b)themeansofcreatingthedigitalorelectronicsignaturewas,at +thetimeofsigning,underthecontrolofthesignatoryandnot +anotherpersonwithoutduressorundueinfluence, +(c)analterationtothedigitalorelectronicsignature,madeafterthe +timeofsigning,isdetectable +(3)Subsection(2)doesnotlimittherightofaperson +(a)toprovetheauthenticityofadigitalorelectronicsignaturein +anyotherway,or +9(b)toadduceevidenceinrespectofthenon-authenticityofadigital +orelectronicsignature. +(4)Digitalandelectronicsignaturecertificatesshallbeissuedonly +upontheconductofrigorousidentityverification,includingbutnot +limitedtobiometricauthenticationandvalidationagainstanational +identificationdatabase,inaccordancewiththeprovisionsofthe +NationalIdentificationAuthorityAct,2006(Act707),any +Regulationsmadethereunder,oranyotherapplicableenactmentsfor +thetimebeinginforce. +Equaltreatmentofdigitalandelectronicsignatures +10.ExceptasprovidedinthisAct,theprovisionsofthisActdonotexclude, +restrict,ordepriveoflegaleffect,anymethodofcreatingadigitalor +electronicsignaturewhich +(a)satisfiestherequirementsofthisAct, +(b)meetstherequirementsofotherstatutoryprovision,or +(c)isprovidedforunderacontract. +Signingofanelectronicrecord +11.Apersonmaysignanelectronicrecordbyaffixingapersonaldigitalor +electronicsignatureorusinganyotherrecognised,secureandverifiable +modeofsigningagreedbythepartiesorrecognisedbytheindustrytobe +safe,reliableandacceptable. +Conductofapersonrelyingonadigitalorelectronicsignature +12.Apersonwhoreliesonadigitalorelectronicsignatureshallbearthe +legalconsequencesoffailureto +(a)takereasonablestepstoverifytheauthenticityofadigitalor +electronicsignature,or +(b)takereasonablestepswhereadigitalorelectronicsignatureis +supportedbyacertificate,to +(i)verifythevalidityofthecertificate,or +(ii)observeanylimitationwithrespecttothecertificate. +Recognitionofdigitalcertificatesanddigitalandelectronicsignatures +13.(1)Unlessotherwiseprescribedbylaw,apersonmaydeterminethe +digitalorelectronicsignature,certificateorauthenticationthepersonwilluse. +10(2)TheMinistermayrecogniseadigitalorelectronicsignature, +certificateorauthenticationofaforeigninformationsecurityserviceprovider +forusebyapublicservantbynoticepublishedintheGazette. +Notarisation,acknowledgementandcertification +14.(1)Wherealawrequiresasignature,statementordocumenttobe +notarised,acknowledged,verifiedormadeunderoath,thatrequirementis +deemedtobesatisfiediftheelectronicordigitalsignatureoftheperson +authorisedtoperformthoseactsisaffixedtoanelectronicrecord. +(2)Wherealawrequiresorpermitsapersontoprovideacertified +copyofadocumentandthedocumentexistsinpaperorinanotherphysical +form,thatrequirementisdeemedtobesatisfiedifanelectroniccopyofthe +documentiscertifiedtobeatruecopybyusingtheelectronicordigital +signatureofthecertifyingperson. +Otherrequirements +15.(1)Arequirementinlawformultiplecopiesofadocumenttobe +submittedtoasingleaddresseeatthesametime,issatisfiedbythe +submissionofasingleelectronicrecordthatiscapableofbeingreproduced +bytheaddressee. +(2)Whereacorporatesealisrequiredtobeaffixedtoadocument,that +requirementisdeemedtobesatisfiediftheelectronicordigitalsignatureof +thecorporatebodyisaffixedtotheelectronicrecordinaccordancewiththe +provisionsrelatingtotheuseofthecorporateseal. +Automatedtransactionsordecision-making +16.(1)Aplatformorserviceproviderthatusesautomateddecision- +making,includingalgorithmiccuration,profiling,orrecommendation +systems,shall +(a)ensuretransparencyofthesystembydisclosingkeyparameters, +logicandpotentialimpacts; +(b)provideuserswithmeaningfulinformationonhowsuchsystems +affectaccesstogoods,services,orcontent; +(c)allowuserstoopt-outofpersonalisedrecommendations,where +feasible. +11(2)TheMinistermayissueguidelinesorregulationsfortheethical +useofartificialintelligenceandautomatedsystems,havingregardtofairness, +accountability,transparency,andnon-discrimination. +(3)Anautomatedtransactionisvalidevenifanelectronicagent +isinvolvedatanystageofitsformation. +(4)Apartyinteractingwithanelectronicagenttomakeanagreement +isnotboundbythetermsoftheagreementunlessthetermswere +capableatfirstofbeingaccessedbythepartypriortotheformationof +thecontract. +(5)Anelectroniccontractisnotvalidwhereanindividual +interactsdirectlywiththeelectronicagentandhasmadeamaterial +errorduringthecreationofanelectronicrecordand +(a)theelectronicagentdidnotprovidethatpersonwithaneasy +opportunitytopreventorcorrecttheerror; +(b)thatpersonnotifiesthepartycreatingtheelectronicrecordof +theerrorassoonaspracticableafternoticingit; +(c)thatpersontakesreasonablestepstoreturntotheprevious +situation;and +(d)thatpersonhasnotusedorreceivedmaterialbenefitorvalue +fromperformancereceivedfromtheotherperson. +Despatchofelectronicrecord +17.Unlessotherwiseagreedbetweentheoriginatorandtheaddressee,the +despatchofanelectronicrecordoccurswhenitentersaninformation +processingsystemoutsidethecontroloftheoriginatorortheagentofthe +originator. +Receiptofelectronicrecord +18.Thetimeofreceiptofanelectronicrecordshallbedeterminedas +follows +(a)iftheaddresseehasdesignatedaninformationsystemforthe +purposeofreceivingelectronicrecords,receiptoccursatthe +timewhentheelectronicrecordentersthedesignated +informationsystem;or +(b)iftheaddresseehasnotdesignatedaninformationsystem, +receiptoccurswhentheelectronicrecordentersaninformation +12systemoftheaddresseethroughwhichtheaddresseeretrieves +theelectronicrecord. +(2)Anelectronicrecordisdeemedtobedespatchedattheoriginator’s +registeredplaceofbusinessandisdeemedtobereceivedattheregistered +placewheretheaddresseehasitsplaceofbusinessunlessotherwiseagreedby +theoriginatorandtheaddressee. +Expressionofintentorotherstatement +19.Anexpressionofintentorotherelectronicrepresentationofan +electronicrecordbetweentheoriginatorandtheaddresseeofanelectronic +recordisadmissibleincircumstanceswheretheintentorotherelectronic +representationisrelevantinlaw. +Attributionofelectronicrecordstooriginator +20.(1)Anelectronicrecordisconsideredtobethatoftheoriginatorifit +wassentby +(a)theoriginatorpersonally; +(b)apersonwhohasauthoritytoactonbehalfoftheoriginatorin +respectofthatelectronicrecord;or +(c)aninformationsystemprogrammedbyoronbehalfofthe +originatortooperateautomatically,unlessitisprovedthatthe +informationsystemdidnotproperlyexecutetheprogramme. +(2)Anaddresseeisentitledtoregardanelectronicrecordasbeing +thatoftheoriginatorandtoactonthatassumption,if +(a)theaddresseeproperlyappliedaprocedurepreviouslyagreed +withtheoriginatorinordertoascertainwhethertheelectronic +recordwasthatoftheoriginator;or +(b)theelectronicrecordreceivedbytheaddresseeresultedfromthe +actionsofapersonwhoserelationshipwiththeoriginatoror +withanagentoftheoriginatorenabledthatpersontogain +accesstoamethodusedbytheoriginatortoidentifyan +electronicrecordastheoriginator’sown. +(3)Whereaprocedurehasnotbeenagreedbybothpartiesto +ascertaintheoriginator,thepersonwhoappearstobetheoriginatorshallbe +presumedtobetheoriginator. +(4)Thepresumptioninsubsection(3)doesnotapplywhere +13(a)theaddresseehasreceivednoticefromtheoriginatorthatthe +electronicrecordwasissuedwithouttheknowledgeorconsent +oftheoriginator; +(b)theaddresseekneworshouldreasonablyhaveknown,orused +anyagreedproceduretoknowthattheelectronicrecordwasnot +thatoftheoriginatorandthatthepersonwhosenttheelectronic +recorddidnothavetheauthorityoftheoriginatortoissueor +sendtheelectronicrecord;or +(c)theaddresseekneworshouldreasonablyhaveknown,thatthe +transmissionresultedinanerrorintheelectronicrecordas +received. +Acknowledgementofreceiptofelectronicrecord +21.(1)Anacknowledgementofreceiptmaybegiventhrough +(a)acommunicationbytheaddressee,whetherautomatedor +otherwise;or +(b)anyconductoftheaddresseetoindicatetotheoriginatorthat +theelectronicrecordhasbeenreceived. +(2)Anacknowledgementofreceiptisnotnecessarytogivelegal +effecttoamessageunlessotherwiseagreedbytheparties. +Formationandvalidityofagreements +22.Anagreementisvalidevenifitwasconcludedpartlyorinwhole +throughanelectronicmedium. +Variationbyagreementbetweenparties +23.Sections4to22onlyapplyifthepartiesinvolvedingenerating, +sending,receiving,storingorotherwiseprocessingelectronicrecordshave +notagreedontheissuesprovidedforbythesesections. +Electronicgovernmentservices +Acceptanceofelectronicfilingandissuingofdocuments +24.Apublicbodyshalltakestepsorenterintoarrangementstoensurethat +itsfunctionsarecarriedout,deliveredoraccessedelectronicallyoronline. +14Publicagencyandelectronicrecords +25.(1)Apublicagencythat,pursuanttoanylawacceptsthefilingof +documents,requiresthatdocumentsbecreatedorretained,issuesapermit, +licenceorapprovalorprovidesforapaymentinaccordancewithlaw,shall +(a)acceptthefilingofadocument,orthecreationorretentionof +documentsintheformofanelectronicrecord; +(b)issuethepermit,licenceorapprovalintheformofanelectronic +record;or +(c)makeorreceivepaymentinelectronicformorbyelectronic +means. +(2)AnypublicagencymayspecifybynoticeintheGazette: +(a)themannerandformatinwhichtheelectronicrecordsshallbe +filed,created,retainedorissued; +(b)thetypeofelectronicordigitalsignaturerequiredwherethe +electronicrecordhastobesigned; +(c)themannerandformatinwhichanelectronicordigital +signatureshallbeattachedto,incorporatedinorotherwise +associatedwiththeelectronicrecord; +(d)theidentityorcriteriarequiredofanauthenticationservice +providerusedbythepersonfilingtheelectronicrecordorthe +publicagencymaydesignateanauthenticationserviceprovider +asapreferredauthenticationserviceprovider; +(e)theappropriatecontrolprocessesandprocedurestoensure +adequateintegrity,securityandconfidentialityofelectronic +recordsorpayments;and +(f)anyotherrequirementsforelectronicrecordsorpayments. +Publicationinelectronicformat +26.(1)WherealawrequirespublicationintheGazettetherequirementis +deemedtohavebeensatisfiedifpublishedinelectronicformatreferredtoas +anE-Gazette. +(2)Thedateofpublicationisdeemedtobethedateoffirstpublication +intheGazette. +(3)Despiteanyotherenactment,theE-Gazetteshallhavethesame +legalforceandeffectastheprintedversionoftheGazette. +15(4)TheE-Gazetteshallbeadmissibleinalljudicial,quasi-judicialand +administrativeproceedingsasconclusiveevidenceofthecontentstherein, +withoutfurtherproofofauthenticity,whereitbearsavalidelectronicor +digitalsignatureissuedunderthisAct. +CertifyingAgency +Prohibitedacts +27.Apersonshallnotsellorprovideencryptionorauthenticationservice +contrarytotheprovisionsofthisAct. +Provisionofauthenticationencryptionservices +28.Anencryptionoranauthenticationserviceorproductisdeemedtohave +beenprovidedinthecountryifitismadeavailable +(a)frompremiseswithinthecountry; +(b)fromabodyincorporatedinthecountry; +(c)toapersonwhoispresentoroperatingfromanysysteminthe +countrywhenthatpersonmakesuseoftheserviceorproduct; +or +(d)fromaGhanaianassociatedorrelateddomainnameorwebsite. +CertifyingAgency +29.(1)TheNationalInformationTechnologyAgencyestablishedunder +NationalInformationTechnologyAgencyAct…(Act…)shallserveasthe +CertifyingAgencyunderthisAct. +(2)TheCertifyingAgencyshallmaintainawebsiteandprovide +informationatthewebsiteinaccordancewiththisAct. +FunctionsoftheCertifyingAgency +30.(1)ThefunctionsoftheAgencyareto: +(a)issuelicencesforencryptionandauthenticationservice; +(b)monitortheconduct,systemandoperationofencryptionand +authenticationserviceproviderstoensurecompliancewith +conditionsofthelicence,andtheprovisionsofthisAct; +(c)suspendalicenceofalicenceholder; +(d)revokealicenceofalicenceholder;and +(e)appoint,accreditandgazetteindependentauditingfirmsto +conductperiodicauditsofalicenceholdertoensure +16compliancewiththetermsandconditionsofanylicences +issuedunderthisAct. +(2)TheAgencyshallpublishandmaintainonitsofficialwebsitealistof +accreditedauditors,dulycertifiedinaccordancewiththeprovisionsofthis +ActandanyRegulationsmadethereunder. +Revocationorsuspensionoflicence +31.(1)TheAgencymaysuspendorrevokealicenceifitissatisfiedthat +theauthenticationserviceproviderhasfailedorceasedtomeetanyofthe +requirements,conditionsorrestrictionssubjecttowhichthelicencewas +grantedorrecognitionwasgiven. +(2)TheAgencyshallnotsuspendorrevokealicence +unlessithas +(a)notifiedthelicenceholderinwritingofitsintentiontodoso, +(b)givenadescriptionoftheallegedbreach,and +(c)affordedthelicensedholdertheopportunityto +(i)respondtotheallegationsinwriting,and +(ii)remedytheallegedbreach. +(3)TheAgencymaysuspendalicencewithimmediate +effectforaperiodnotexceedingninetydayspendingimplementation +oftheproceduresrequiredtoremedythebreachwherethereisthe +likelihoodofirreparableharmtoconsumersorthirdpartiesinvolved +inanelectronictransaction. +(4)Alicenceholdermaysurrenderthelicencetothe +Agencysubjecttotheprovisionsofthelicenceandthirdpartyrights. +(5)TheAgencyshallpublishthesuspensionorrevocation +ofalicenceonitswebsite. +Surrenderoflicence +32.(1)Alicenseewithasuspendedorrevokedlicenceshallsurrenderthe +licencetotheAgencywithintwenty-fourhoursofreceiptofnoticeofthe +suspensionorrevocationofitslicence. +(2)Wherealicenseefailstosurrenderthelicence,eachdirectorofthe +licenseecommitsanoffenceandisliableonsummaryconvictiontoa +fineofnotmorethanfivethousandpenaltyunitsforeachdaythatthe +licenceisnotsurrenderedortoatermofimprisonmentofnotmore +thantwoyearsortoboth. +17Recognitionofforeigncertifyingauthorities +33.(1)Subjecttotheconditionsandrestrictionsthatmaybespecifiedby +law,theAgencymay,bynotificationintheGazette,recogniseaforeignentity +asacertifyingagency. +(2)Anelectronicordigitalsignatureorcertificateissuedbya +foreigncertificationserviceprovidershallhavethesamelegaleffectasa +signatureorcertificateissuedunderthisAct,if +(a)theforeigncertificationserviceprovideroperatesunderaregimethat +providessubstantiallysimilarlevelsoftrustandreliability;or +(b)thecertificateisrecognisedbytheCertifyingAgencythroughmutual +recognitionarrangementsorapprovedinteroperabilityframeworks. +(3)TheMinistermay,bylegislativeinstrument,specifythecountries,regimes +orclassesofcertificatesdeemedtooffersubstantiallyequivalentassurance. +(4)Whereaforeignentityisrecognised,asacertifyingagency,serviceand +productsissuedbyapersonpursuanttothedirectivesofthatforeign +certifyingagencyarevalid. +(5)TheAgencybynotificationintheGazettemayrevoketherecognitionifit +issatisfiedthataforeigncertifyingagencyhascontravenedanyofthe +conditionsandrestrictionssubjecttowhichitwasgrantedrecognition. +(6)TheNational Information Technology Authority,asthedesignated +certifyingagency,shalldevelopandpublisharegulatoryframeworkforthe +mutualrecognitionofforeigncertifyingauthorities. +(7)Aforeigncertifyingauthoritythatseeksrecognitionundertheframework +referredtoinsubclause(4)shallcomplywith +(a)theinteroperabilitystandardsprescribedundertheframework;and +(b)applicableinternationalbestpracticesonelectroniccertification +Repositoryofdigitalandelectronicsignatures +34.(1)TheAgencyshallbetherepositoryofDigitalandElectronic +SignatureCertificatesissuedunderthisAct. +(2)TheAgencyshall +(a)makeuseofhardware,softwareandproceduresthataresecure +fromintrusionandmisuse;and +(b)observeotherstandardsthatmaybeprescribed,toensurethat +thesecrecyandsecurityofdigitalorelectronicsignaturesare +assured. +18(3)TheAgencyshallmaintainacomputeriseddatabaseofthe +publickeystomakethemverifiablebyamemberofthepublic. +Registeroflicenceholders +35.(1)TheAgencyshallestablishandmaintainaregisteroflicence +holders. +(2)TheAgencyshallrecordthefollowingparticularsinrespectof +eachlicenceholder +(a)thenameandaddressofthelicenceholder; +(b)adescriptionofthetypeofserviceorproductprovided; +(c)otherparticularsthatmaybeprescribedtoidentifyandlocate +thelicenseholderoritsproductsorservices; +(d)licensedencryptionandauthenticationproductsorservices +underthisAct; +(e)licensedencryptionandauthenticationproductsandservices +recognisedunderthisAct; +(f)suspendedandrevokedlicencesorrecognition;and +(g)anyotherinformationthatmaybeprescribedormaybedeemed +appropriatebytheAgency. +(3)TheAgencyshallprovidenoticeofthesuspensionor +revocationatitswebsite. +(4)TheAgencyshallpublishthelistoflicenceholders,revokedor +suspendedlicencesinelectronicandothermedia,subjecttotherulesrelating +toconfidentiality. +(5)Alicenceholdershallnotberequiredtodiscloseconfidential +informationortradesecretsinrespectofitsproductsorservices. +Restrictionsondisclosureofinformation +36.SubjecttotheprovisionsoftheConstitution,apersonmaydisclose +informationunderthisAct +(a)toalawenforcementagency; +(b)forcriminalorcivilproceedings; +(c)togovernmentagenciesresponsibleforsafetyandsecurityon +officialrequest;and +(d)toathirdpartyenquiryforconfirmationofalicenceor +representationsmadebyalicenceholder. +19Applicationforlicence +37.(1)AlicenceshallnotbeissuedorgrantedbytheAgencytoan +individual. +(2)Eachapplicationfortheissueofalicenceshallbeinthe +prescribedform. +(3)AlicenceissuedunderthisActshallnotbeassigned, +transferred,sub-licensed,orotherwisedisposedof,whetherwhollyorpartly, +toanyotherpersonorentity,exceptwiththepriorwrittenapprovalofthe +Agencyandsubjecttoanytermsandconditionsthatmaybeprescribed. +(4)Eachapplicationforalicenceshallbeaccompaniedwith, +(a)acertificateofincorporation, +(b)astatementincludingtheprocedureswithrespecttothe +identificationoftheapplicant. +(c)paymentofanon-refundableapplicationfee,and +(d)otherprescribeddocuments. +(5)TheAgencyshall,inconsideringanapplicationforalicence,take +intoaccountthefollowing +(a)thefinancialandhumanresourcesavailabletotheapplicant, +includingitscapitalandotherassets; +(b)thequality,reliability,andsecurityoftheapplicant’shardware +andsoftwaresystems; +(c)theadequacyandintegrityoftheapplicant’sproceduresfor +processingitsproductsorservices; +(d)theavailabilityofaccurateandtimelyinformationtothird +partiesrelyingontheauthenticationproductorservice; +(e)theregularityandextentofauditsconductedbyanindependent +body; +(f)thetechnicalandotherrequirementstobemetbycertificates +issuedbythelicenceholder; +(g)theproceduresandstandardsapplicabletotheissuanceof +certificates; +(h)therequirementsrelatingtocertificationpracticestatements; +(i)theresponsibilitiesofthecertificationserviceprovider; +(j)theliabilityofthecertificationserviceprovider; +(k)thenatureandformatofrecordstobemaintained,andthe +manneranddurationforwhichsuchrecordsshallbekept; +20(l)theproceduresgoverningcertificatesuspensionandrevocation; +(m)theproceduresfornotificationofcertificatesuspensionand +revocation; +(n)anyotherconditions,restrictions,orfactorsasmaybeprescribed +orastheAgencymayconsidernecessaryorappropriate;and +(o)theapplicant’scompliancewithanyminimumcapital +requirementprescribedbytheAgency. +(6)Alicenceisvalidfortheperiodandonthetermsand +conditionsthatmaybedeterminedbytheAgency. +Grantoflicence +38.(1)TheAgencyshallnotgrantalicenceunderthisActunlessthe +Agencyissatisfiedthatasecurityprocedurerelatedtoorissuedbyan +applicant, +(a)isuniquelylinkedtotheuser; +(b)iscapableofidentifyingthatuser; +(c)iscreatedusingmeansthatcanbemaintainedunderthesole +controlofthatuser;and +(d)willbelinkedtotheelectronicrecordtowhichitrelatessothat +anysubsequentchangeoftheelectronicrecordisdetectable. +(2)TheAgencymay,priortolicensinganyauthentication +productsorservices,stipulate +(a)thetechnicalandotherrequirementstobemetbycertificates +issuedbythelicenceholder; +(b)therequirementsforissuingcertificates; +(c)therequirementsforcertificationpracticestatements; +(d)theresponsibilitiesofthecertificationserviceprovider; +(e)theliabilityofthecertificationserviceprovider; +(f)therecordstobekeptandthemannerinwhichandlengthof +timeforwhichtheymustbekept; +(g)requirementsconcerningcertificatesuspensionandrevocation +procedures; +(h)requirementsastonotificationproceduresrelatingtocertificate +suspensionandrevocation;and +(i)otherconditionsorrestrictionsthattheAgencymayconsider +necessary. +21(3)Alicenceisnottransferable. +Displayoflicence +39.Alicenseeshalldisplayitslicenceconspicuouslyonthepremisesofits +principalplaceofbusiness. +Dutiesoflicensedentities +40.Alicenseeshall +(a)ensurethateachpersonemployedorengagedbyitcomplieswiththe +provisionsofthisAct,RegulationsmadeunderthisActandthelicence +conditions; +(b)obtainandmaintainliabilityinsurancecoverage,withaminimum +coverageamountofTenMillionGhanaCedis(GHS10,000,000.00),or +suchotheramountasmaybeprescribedbytheAgency; +(c)compensatesubscribersforanylossordamagearisingfrom +(i)theissuanceoffraudulentcertificates;or +(ii)thefailuretopromptlyrevokecompromisedcertificates;or +(iii)fromanyactoromissionofthelicenseeinbreachofitsobligations +underthisActoranyRegulationsmadeundertheAct. +Renewaloflicence +41.Anapplicationforrenewalofalicenceshallbe +(a)intheformprescribedbytheAgency,and +(b)accompaniedwiththefeesprescribedandshallbepaidinfull +beforetheissueofalicence. +Procedureforgrantorrejectionofrenewaloflicence +42.(1)TheAgencymaygrantorrejecttheapplicationfortherenewalafter +consideringthedocumentsaccompanyingtheapplicationforrenewaland +otherfactorsconsiderednecessary. +(2)TheAgencyshallprovidereasonsfortherejectionofthe +applicationinwritingtotheapplicant. +Notificationofadverseevent +43.(1)TheAgencyshall +(a)usereasonableeffortstonotifyanypersonwhoislikelytobe +affectedbytheoccurrenceofanadverseevent;or +22(b)dealwiththeeventorsituationinaccordancewiththe +procedurespecifiedinitscertificationpracticestatement +whereintheopinionoftheAgencyaneventhasoccurredorasituationhas +arisenwhichmaymateriallyandadverselyaffecttheintegrityofitscomputer +systemortheconditionssubjecttowhichalicencewasgranted. +(2)Alicenseeorcertifyingauthorityshall,withintwenty-fourhoursofthe +occurrenceordiscoveryofabreachorsuspectedbreachaffectingthesecurity +orintegrityofitssystemsorservices,submititsIncidentResponsePlantothe +AgencyintheformandmannerprescribedbytheAgency. +Procedurestobefollowedbylicensedperson +44.Alicensedpersonshall +(a)makeuseofhardware,softwareandproceduresthataresecure +fromintrusionandmisuse; +(b)providesuchlevelofreliabilityinitsserviceswhichare +reasonablysuitedtotheperformanceoftheintendedfunctions; +(c)adheretosecurityprocedurestoensurethatthesecrecyand +privacyoftheproductorserviceareassured;and +(d)adheretosuchsecurityproceduresandobservesuchother +standardsasmaybeprescribed. +Consumerprotection +Scopeofapplication +45.Sections46to53applyonlytoelectronictransactions. +Informationtobeprovided +46.(1)Asupplierofferinggoodsorservicesforsale,hireorexchangeinan +electronictransactionshallmakeavailabletotheconsumerontheelectronic +platformwherethegoodsorservicesareofferedthefollowinginformation +relatedtothesupplier +(a)fullnameandlegalstatus; +(b)physicaladdressandtelephonenumber; +(c)websiteaddressande-mailaddress; +(d)membershipofanyself-regulatoryorrelatedbodiesandthe +contactdetailsofthebody; +23(e)acodeofconducttowhichthatsuppliersubscribesandhow +thatcodeofconductmaybeaccessedelectronicallybythe +consumer; +(f)theregistrationnumber,thenamesofofficebearersandthe +placeofregistrationofthesupplierasalegalperson; +(g)sufficientdescriptionofthemaincharacteristicsofthegoodsor +servicesofferedbythatsuppliertoenableaconsumertomake +aninformeddecisionontheproposedelectronictransaction; +(h)thefullpriceofthegoodsorservices,includingtransportcosts, +taxesandanyotherfeesorcosts; +(i)themannerofpayment; +(j)termsofagreementincludingguaranteesthatwillapplytothe +transactionandhowthesetermsmaybeaccessed,storedand +reproducedelectronicallybyconsumers; +(k)thetimewithinwhichthegoodswillbedespatchedor +deliveredorwithinwhichtheserviceswillberendered; +(l)themannerandperiodwithinwhichconsumerscanaccessand +maintainafullrecordofthetransaction; +(m)thereturn,exchangeandrefundpolicy; +(n)thealternativedisputeresolutioncodetowhichthatsupplier +subscribesandaccesstothecodebytheconsumer; +(o)thesecurityproceduresandprivacypolicyofthatsupplieras +regardspayment,paymentinformationandpersonal +information; +(p)theminimumdurationoftheagreementinthecaseof +agreementsforthesupplyofproductsorservicestobe +performedonanongoingbasisorrecurrentlywhere +appropriate;and(q)therightsofconsumersasprovidedforin +thissection. +(2)Thesuppliershallprovideaconsumerwithanopportunityto +(a)read,storeandreproducethecontracttermsandgeneral +conditions; +(b)identifyandcorrecthandlingerrors;and +(c)withdrawfromthetransactionbeforeconcludingacontract. +24(3)Ifasupplierfailstocomplywiththeprovisionsofthissection, +theconsumermaycancelthecontractwithinfourteendaysofreceiptofthe +goodsorservicesunderthetransaction. +(4)Ifatransactioniscancelledasaresultofthefailureofthe +suppliertocomplywiththeprovisionsofthissection +(a)theconsumershallreturnthegoodsreceived,orwhere +applicable,ceaseusingtheservicesperformed;and +(b)thesuppliershallrefundpaymentsmadebytheconsumer +withinthirtydays. +(5)Thesuppliershallutiliseapaymentsystemthatissufficiently +securewithreferencetoacceptedtechnologicalstandardsatthetimeofthe +transactionandthetypeoftransactionconcerned. +(6)Thesupplierisliablefordamagesufferedbyaconsumerdue +tofailurebythesuppliertoapplyasecurepaymentsystem. +Performance +47.(1)Thesuppliershallexecutetheorderwithinfourteendaysafterthe +dayonwhichthesupplierreceivestheorder,unlessthepartieshaveagreed +otherwise. +(2)Whereasupplierfailstoexecutetheorderwithinthefourteen +daysorwithintheagreedperiod,thecontractisvoidable. +(3)Ifasupplierisunabletoperformonthegroundsthatthegoods +orservicesorderedareunavailable,thesuppliershallimmediatelynotifythe +consumerofthisfactandrefundanypaymentwithinsevendaysafterthedate +ofnotification. +Graceperiod +48.(1)Aconsumerisentitledtocancelatransactionandanyrelatedcredit +agreementforthesupply +(a)ofgoodswithinfourteendaysafterthedateofthereceiptofthe +goods;or +(b)ofserviceswithinsevendaysafterthedateoftheconclusionof +theagreement, +withoutreasonandwithoutpenalty. +(2)Theonlychargethatmaybeleviedontheconsumeristhe +directcostofreturningthegoods. +25(3)Thissectionshallnotbeconstruedtolimittherightsofa +consumerprovidedforinanyotherlaw. +(4)Thissectiondoesnotapplytoanelectronictransaction +(a)forfinancialservices,includingbutnotlimitedto,investment +services,insuranceandreinsuranceoperations,bankingservices +andoperationsrelatingtodealingsinsecurities; +(b)bywayofanauction; +(c)forthesupplyoffoodstuffs,beveragesorothergoodsintended +foreverydayconsumptionsuppliedtothehome,residenceor +workplaceoftheconsumer; +(d)forserviceswhichbeganwiththeconsumer’sconsentbefore +theendoftheseven-daygraceperiod; +(e)wherethepriceforthesupplyofgoodsorservicesisdependent +onfluctuationsinthefinancialmarketsandwhichcannotbe +controlledbythesupplier; +(f)wherethegoods +(i)aremadetotheconsumer’sspecification, +(ii)byreasonoftheirnaturecannotbereturned,or +(iii)areperishable; +(g)whereaudioorvideorecordingsorcomputersoftwarewere +unsealedbytheconsumer; +(h)forthesaleofnewspapers,periodicals,magazinesandbooks; +(i)fortheprovisionofgamingandlotteryservices;or +(j)fortheprovisionofaccommodation,transport,cateringor +leisureserviceswherethesupplierhascommencedthe +provisionoftheseservicesonaspecificdateorwithinaspecific +period. +Unsolicitedgoods,servicesorcommunications +49.(1)Exceptinthecaseofanoticesentbyanelectroniccommunications +providertoacustomerinrelationtotheservice,apersonshallnotsend +unsolicitedelectroniccommunicationstoaconsumerwithoutobtainingthe +priorconsentoftheconsumer. +(2)Apersonwhosendselectroniccommercialcommunicationto +aconsumershallprovidetheconsumer +26(a)withtheoptiontocancelthesubscriptiontothemailinglistof +thatperson,and +(b)withtheidentifyingparticularsofthesourcefromwhichthat +personobtainedtheconsumer’spersonalinformationatthe +requestoftheconsumer. +(3)Anagreementshallnotbedeemedtohavebeenconcluded +whereaconsumerfailstorespondtoanunsolicitedcommunication;andthe +consumerisentitledtorecoverthecostsassociatedwiththecancellationof +unsolicitedcommunication. +(4)Apersonwhocontravenessubsection(1)commitsanoffence +andisliableonsummaryconvictiontoafineofnotmorethanfivethousand +penaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth. +(5)Apersonwhosendsunsolicitedcommercialcommunications +toanotherpersonorwhocontinuestosendunsolicitedcommercial +communicationsaftercancellationofthesubscriptioncommitsanoffenceand +isliableonsummaryconvictiontoafineofnotmorethanfivethousand +penaltyunitsoratermofimprisonmentofnotmorethantenyearsortoboth. +Liabilityformisuseofelectronicpaymentmedium +50.(1)Aholderofanelectronicpaymentmediumshallnot,unlessacting +incollusionwithanotherperson,beliabletotheissuerforlossarisingfrom +useofthemediumbyapersonwhoisnotactingorbeingtreatedasactingas +theagentoftheholder. +(2)Subsection(1)doesnotprevent +(a)theholderoftheelectronicpaymentmediumfrombeingmade +liableforlosstotheissuerarisingfromuseofthemediumby +anotherpersonduringaperiodbeginningwhenthemedium +ceasestobeinthepossessionofanauthorisedpersonand +endingwhenthemediumisoncemoreinthepossessionofan +authorisedperson;or +(b)theholderfrombeingmadeliabletoanyextentforlosstothe +issuerfromuseofthemediumbyapersonwhoacquired +possessionofitwiththeholder’sconsent. +(3)Subsections(2)doesnotapplytotheuseoftheelectronic +paymentmediumaftertheissuerhasbeengivennoticeoflossanddoesnot +27applyunlesstheissuerprovidestheholderwithparticularsofthename, +addressandtelephonenumberofapersonstatedtobethepersontowhom +noticeistobegiven. +(4)Thenoticetakeseffectwhenreceived,butwhereitisgiven +orally,shallbeconfirmedinwritingwithinfourteencleardays. +(5)Asumpaidbytheholderfortheissueoftheelectronic +paymentmediumistreatedaspaidtowardssatisfactionofliabilityunderthis +sectiontotheextentthatithasnotbeenpreviouslyoffsetbyusemadeofthe +medium. +(6)Theholderorapersonauthorisedbytheholdertousethe +electronicpaymentmediumisanauthorisedpersonforthepurposeof +subsection(2). +Electronicpaymentmediumlistsprohibited +51.(1)Afinancialinstitutionshallnot +(a) makeavailable; +(b) lend;or +(c) sellanylistorportionofalistofholdersofan +electronicpaymentmediumandtheiraddressesandaccount +numberstoanypersonwithoutthepriorwrittenconsentofthe +holdersexceptbyorderofaCourt. +(2)Afinancialinstitutionmaymakeavailabletoanotherfinancial +institutioninformationaboutanelectronicpaymentmediumholder’scredit +ratingwithouttheholder’spriorwrittenconsentifwrittennoticeofthe +disclosureisgiventotheholderwithinsevendayssubjecttoanylaw +regulatingcreditratinginstitutions. +(3)Afinancialinstitutionwhichcontravenessubsection(1) +commitsanoffenceandeachdirectorandofficeroftheinstitutionwhofails +toensurecompliancewiththisActisliableonsummaryconvictiontoafine +ofnotmorethantwothousandfivehundredpenaltyunitsorimprisonmentfor +atermofnotmorethanfiveyearsortoboth. +Applicabilityofforeignlaw +52.Despiteaprovisionofanagreementtothecontrary,thesupplyofgoods +pursuanttoacontracttoconsumersinthiscountryissubjecttotheprovisions +ofthisAct. +28Non-exclusion +53.Aprovisioninanagreementwhichexcludesconsumerrightsprovided +forinthisActisvoid. +Protectedcomputersandcriticaldatabase +Protectedcomputer +54.(1)TheMinistermaydeclarethatacomputer,computersystemor +computernetworkisaprotectedsystembynotificationintheGazette. +(2)TheMinistermayauthoriseaccesstoaprotectedsystembyor +inwriting. +(3)UntiltheMinisterbyGazettepublicationdeclaresacomputer, +computersystemorcomputernetworktobeaprotectedsystem,the +computer,computersystemorcomputernetworkshallbetreatedasa +“protectedcomputer”ifthecomputer,programorelectronicrecordisused +directlyinconnectionwithorfor +(a)thesecurity,defenceorinternationalrelationsofthecountry; +(b)theexistenceoridentityofaconfidentialsourceofinformation +relatedtotheenforcementofcriminallaw; +(c)theprovisionofservicesdirectlyrelatedtocommunications +infrastructure,bankingandfinancialservices,publicutilities, +publictransportationorpublickeyinfrastructure; +(d)theprotectionofpublicsafetyandpublichealth,including +systemsrelatedtoessentialemergencyservices; +(e)foreigncommerceorcommunicationaffectingacitizenof +GhanaorbusinessinwhichacitizenofGhanaorthe +Governmenthasaninterest;or +(f)thelegislative,executiveorjudicialservice,thepublicservices +andsecurityagencies. +(4)Apersonwhosecuresaccessorattemptstosecureaccesstoa +protectedsystemincontraventionoftheprovisionsofthissectioncommitsan +offenceandisliableonsummaryconvictiontoafineofnotmorethanfive +thousandpenaltyunitsorimprisonmentforatermofnotmorethantenyears +ortoboth. +29Identificationofcriticalelectronicrecordandcriticaldatabases +55.TheMinistermaybynoticeintheGazette +(a)declarecertainclassesofinformationwhichareofimportance +totheprotectionofthenationalsecurityoftheRepublicorthe +economicandsocialwell-beingofitscitizenstobecritical +electronicrecordsforthepurposeofthisAct;and +(b)establishaproceduretobefollowedintheidentificationof +criticaldatabasesforthepurposesofthisAct. +Scopeofcriticaldatabaseprotection +56.TheMinistermaydeclarecertainclassesofinformationrelatingto +nationalsecurityortheeconomicorsocialwellbeingofthepublictobe +criticalelectronicrecordforthepurposesofsections56to60. +Registrationofcriticaldatabases +57.(1)TheMinistermaybynoticeintheGazettedetermine +(a)requirementsfortheregistrationofacriticaldatabase; +(b)proceduresfortheregistrationofacriticaldatabase;and +(c)anyothermatterrelatingtoregistration. +(2)Registrationofacriticaldatabasemeansrecordingthefollowing +information +(a)thefullname,addressandcontactdetailsofthecriticaldatabase +administrator; +(b)thelocationofthecriticaldatabase,includingthelocationsof +thecomponentpartswhereacriticaldatabaseisnotstoredata +singlelocation;and +(c)ageneraldescriptionofthecategoriesortypesofinformation +storedinthecriticaldatabase. +Managementofcriticaldatabases +58.(1)TheMinistershallprescribeminimumstandardsforprohibitionsin +respectof +(a)thegeneralmanagementofacriticaldatabase; +(b)accessto,transferandcontrolofacriticaldatabase; +(c)infrastructuralorproceduralrulesandrequirementstosecure +theintegrityandauthenticityofacriticalelectronicrecord; +(d)proceduresandtechnologicalmethodstobeusedinthestorage +orarchivingofacriticaldatabase; +30(e)accidentrecoveryplansintheeventoflossofcriticaldatabases +orpartsofthedatabase; +(f)thesecurityofthedatabases; +(g)thephysicalsafetyofapersonincontrolofthecriticaldatabase; +and +(h)anyothermatterrequiredfortheadequateprotection, +managementandcontrolofacriticaldatabase. +(2)ThisActshallnotbeconstruedtolimittherightofapublicbodyto +performanauthorisedfunctionintermsofanyotherlaw. +Restrictionsondisclosureofinformation +59.(1)Informationcontainedintheregisterofacriticaldatabaseshallnot +bedisclosedtoanotherpersonotherthantoemployeesoftheAgencywhoare +responsibleforthekeepingoftheregister. +(2)TheAgencyisatlibertytodiscloseinformationto +(a)alawenforcementagency;and +(b)aMinistry,DepartmentorAgency. +(3)NothinginthislawshallprecludetheAgencyfrompleadingin +proceedingsrelatingtoinformationheldinitscustodyorrecordsthat +productionordisclosureofamattermaybeprejudicialtothesecurityof +theStateorinjurioustothepublicinterestinaccordancewitharticle135 +ofConstitution. +Audits +60.(1)TheMinistermaydirectthatauditsbeconductedbythecritical +databaseadministratortoassesscompliancewiththeprovisionsofthisAct. +(2)Forthepurposesofsubsection(1),theNationalInformation +TechnologyAuthorityshallactasthecriticalelectronicrecordsanddatabase +administratorresponsibleforoverseeingICTinfrastructureoftheRepublic. +Non-compliancewithAct +61.(1)TheMinisteronreceiptoftheauditreportshallconsider, +(a)anyactionrecommendedtoremedythenon-compliance;and +(b)theperiodwithinwhichtheremedialactionshallbeperformed. +(2)TheMinistershallreporttherecommendationtotheNational +SecurityCouncilandtheCouncilmaytakeactionorgivedirectionsthatit +considersnecessaryfortheprotectionofnationalsecurity. +31(3)TheNational Information Technology Authorityshalladvise +theMinisteronmattersrelatingtotheauditoftheICTinfrastructureofthe +Republic. +AppealTribunal +EstablishmentoftheInformationCommunicationTechnologyTribunal +62.(1)ThereisestablishedbythisActanappealtribunal,knownasthe +InformationCommunicationTechnologyTribunalreferredtointhisActas +“theTribunal”. +(2)TheTribunalshallbeconvenedonanadhocbasistoconsideran +appeal +(a)againstadecisionorordermadebytheAgency; +(b)onaparticularmatterunderalicence. +CompositionoftheTribunal +63.(1)TheTribunalconsistsof +(a)achairpersonwhoiseitheraretiredJusticeoftheSuperior +Courtoralawyerofatleastfifteenyearsstandingwhohas +experienceinelectroniccommunicationlaw,policyand +regulatorymattersorarbitration,and +(b)twoothermemberswithknowledgeoforexperienceinthe +informationcommunicationtechnologyrelatedmatters,industry, +electronicengineering,law,economics,businessorpublic +administration. +(2)ThemembersoftheTribunalshallbeappointedbythe +Minister. +(3)TheMinistershallalsoappointaRegistrarforthe +TribunalforthesmoothoperationsoftheTribunal. +(4)TheRegistrarandotherstaffareemployeesofthe +Agency. +(5)TheexpensesoftheTribunalshallbepaidoutof +incomederivedbytheAgencyandshallbepartoftheannual +budgetoftheAgency. +RulesofProcedureofTribunal +64.TheBoardshall,proposerulesofprocedurefortheTribunal. +32AppealsagainstdecisionsoftheAgency +65.(1)ApersonaffectedbyadecisionoftheAgencymayappealagainst +thedecisionbynoticeofappealtotheTribunalinaccordancewiththerules +ofprocedureoftheTribunal. +(2)Thenoticeofappealshallbesentwithintwenty-eightdays +afterthedatethedecisionisannouncedorthedateofreceiptofthedecision +thatisbeingappealedagainst. +(3)Thenoticeofappealshallsetout +(a)thedecisionappealedagainst; +(b)theprovisionunderwhichthedecisionappealedagainstwas +taken;and +(c)thegroundsofappeal. +(4)Afterthereceiptofanoticeofappeal,theTribunalshallbe +convenedwithinonemonthtoconsidertheappeal. +DecisionofTribunal +66.(1)TheTribunal,afterhearingtheappeal,may +(a)quashthedecision; +(b)allowtheappealinwholeorinpart; +(c)varythedecisionoftheAgencyinanymannerandsubjectto +anyconditionsorlimitationsitthinksfitbutshallnotimpose +anyconditionorrequirementbeyondthepowersoftheAgency +undertheAct;or +(d)dismisstheappealandconfirmthedecisionoftheAgency. +(2)TheTribunalmaytakeintoaccountasubmissionfiledbyany +personinreachingadecisiononanappealbroughtbeforeit. +(3)AdecisionoftheTribunalshallhavethesameeffectasa +judgmentoftheHighCourt. +AppealsagainstthedecisionsoftheTribunal +67.(1)AdecisionoftheTribunalmaybethesubjectofanappeal. +(2)Anappealunderthissection +(a)liestotheCourtofAppeal; +(b)shallrelateonlytoapointoflawarisingfromthedecisionof +theTribunal;and +(c)maybebroughtonlybyapartytotheproceedingsbeforethe +Tribunal. +33(3)TheappealshallbefiledintheCourtofAppealninetydays +afterthedecisionoftheTribunalandthereshallbenoextensionoftime. +IndustryForum +EstablishmentofIndustryForum +68.(1)ThereisherebyestablishedanIndustryForumwhichshallbea +platformtobringtheindustrytogetherfromtimetotimetodiscussmatters +ofcommoninterestthatrelatetotheindustry. +(2)TheAgencymaydesignateanindustrybodytobetheForum +bynotifyingthatbodyinwritingiftheAgencyissatisfiedthat +(a)themembershipofthebodyisopentotherelevantpartiesand +isfullyrepresentativeoftheindustry; +(b)thebodyiscapableofperformingasrequiredundertherelevant +provisionsofthisAct;and +(c)thebodyhastheadministrativecapacitytoservicetheForum. +(3)ThebodyshallagreeinwritingtobetheForum,beforebeing +designatedbytheAgency. +(4)Despitethedesignation,eachlicensedentityundertheActis +deemedtobeamemberoftheForum. +(5)TheAgencymaydecidethatanexistingindustrybodythat +waspreviouslydesignatedundersubsection(2)tobeanIndustryForumisno +longeranIndustryForumifsatisfiedthatthebodydoesnotmeetthe +requirementsofthissectionanylonger. +(6)Adesignationorwithdrawalofdesignationunderthissection +takeseffectfromthedatespecifiedbytheAgency. +(7)UntiltheAgencydesignatesabody,theAgencyhasthe +obligationtofacilitatethemeetingoftheindustrytoperformthefunctionsof +theForum. +(8)TheMinistryandtheAgencyshallparticipateintheForumas +observers. +Industrycode +69.(1)TheForummayprepareavoluntaryindustrycodetodealwitha +matterprovidedforinthisAct +(a)onitsowninitiative;or +34(b)attherequestoftheAgency. +(2)Thecodeshallnotbeeffectiveuntilitisregisteredbythe +Agency. +(3)TheAgencyshallregisteravoluntaryindustrycodeifitis +consistentwith +(a)theobjectsofthisAct; +(b)regulations,standardsorguidelinesmadeunderthisAct;and +(c)provisionsofthisActwhicharerelevanttotheparticularmatter +oractivity. +(4)TheAgencymayrefusetoregisterthecode,iftheAgencyis +notsatisfiedthattherehasbeensufficientopportunityforpublicconsultation +inthedevelopmentofthecodebytheForum. +(5)TheAgencyshallnotifytheForuminwritingandprovidethe +reasonsfortherefusaltoregisterthecodewithinthirtydaysaftertherefusal. +(6)WheretheAgencydoesnotregisterorrefusestoregistera +voluntaryindustrycodewithinaperiodofthirtydaysafterthedatethatthe +voluntaryindustrycodewassubmittedforregistration,theAgencyisdeemed +tohaverefusedtheregistrationofthevoluntaryindustrycodeunlessthe +IndustryForumreceivesawrittennoticeofregistrationofthevoluntary +industrycodeafterthatperiod. +Liabilityofserviceprovidersandintermediaries +Mereconduit +70.(1)Anintermediaryorserviceproviderisnotliableforproviding +accesstoorforoperatingfacilitiesforinformationsystemsortransmitting, +routingorstorageofelectronicrecordsthroughaninformationsystemunder +itscontrol,aslongastheintermediaryorserviceprovider +(a)doesnotinitiatethetransmission; +(b)doesnotselecttheaddressee; +(c)performsthefunctionsinanautomatic,technicalmanner +withoutselectionoftheelectronicrecord;and +(d)doesnotmodifytheelectronicrecordcontainedinthe +transmission. +35(2)Theactsoftransmission,routingandprovisionofaccessinclude +theautomatic,intermediateandtransientstorageoftheinformation +transmittedinsofarasthistakesplace +(a)forthesolepurposeofcarryingoutthetransmissioninthe +informationsystem; +(b)inamannerthatmakesitordinarilyinaccessibletoanyone +otherthanananticipatedrecipient;and +(c)foraperiodnolongerthanisreasonablynecessaryforthe +transmission. +Electronicrecordtransmission +71.Anintermediaryorserviceproviderwhotransmitsanelectronicrecord +providedbyarecipientoftheservicethroughaninformationsystemunderits +controlisnotliablefortheautomatic,intermediateandtemporarystorageof +thatelectronicrecord,wherethepurposeofstoringtheelectronicrecordisto +maketheonwardtransmissionoftheelectronicrecordmoreefficienttoother +recipientsoftheserviceontheirrequest,aslongastheserviceprovider +(a)doesnotmodifytheelectronicrecord; +(b)complieswithconditionsonaccesstotheelectronicrecord; +(c)complieswithrulesregardingtheupdatingoftheelectronic +record,specifiedinamannerwidelyrecognisedandusedbythe +industry; +(d)doesnotinterferewiththelawfuluseoftechnologywidely +recognisedandusedbytheindustrytoobtaininformationon +theuseoftheelectronicrecord;and +(e)removesordisablesaccesstotheelectronicrecordithadstored +uponreceivingatake-downnoticeunderthisAct. +Hosting +72.(1)Anintermediaryorserviceproviderwhoprovidesaservicethat +consistsofthestorageofelectronicrecordsprovidedtoauseroftheservice, +isnotliablefordamagesarisingfrominformationstoredattherequestofthe +recipientoftheservice,aslongastheserviceprovider +(a)doesnothaveactualknowledgethattheinformationoran +activityrelatingtotheinformationisinfringingtherightsof +athirdparty, +36(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing +activityortheinfringingnatureoftheinformationisapparentor +canbereasonablyinferred,and +(c)uponreceiptofatake-downnotificationunderthisAct,takes +actionexpeditiouslytoremoveortodisableaccesstothe +information. +(2)Thelimitationsonliabilityestablishedbythissectiondonotapply +toaserviceproviderunless +(a)ithasprovidedanaddresstoreceivenotificationsof +infringement;or +(b)ithasanagentforreceiptofnotificationofinfringement. +Informationlocationtools +73.Anintermediaryorserviceproviderisnotliablefordamagesincurred +byapersoniftheserviceproviderrefersorlinksuserstoawebpage +containinganinfringingelectronicrecordorinfringingactivity,byusing +informationlocationtools,includingadirectory,index,reference,pointer,or +hyperlink,wheretheintermediaryorserviceprovider +(a)doesnothaveactualknowledgethattheelectronicrecordoran +activityrelatingtotheelectronicrecordisinfringingtherights +ofthatpersonortheState; +(b)isnotawareoffactsorcircumstancesfromwhichtheinfringing +activityortheinfringingnatureoftheelectronicrecordis +apparentorcanbereasonablyinferred; +(c)doesnotreceiveafinancialbenefitdirectlyattributabletothe +infringingactivity;and +(d)removesordisablesaccesstothereferenceorlinktothe +electronicrecordoractivitywithinareasonabletimeafterbeing +informedthattheelectronicrecordortheactivityrelatingtothe +electronicrecord,fringestherightsofapersonortheState. +Take-downnotification +74.(1)Apersonwhoclaimsthatanelectronicallypublishedmatteris +illegalorunlawfulshallnotifythepublisher. +(2)Anotificationofunlawfulactivityshallbeinapermanent +mediumaddressedbythecomplainanttotheintermediaryorserviceprovider +oritsdesignatedagentandshallinclude +37(a)thefullnamesandaddressofthecomplainant; +(b)thewrittenorelectronicsignatureofthecomplainant; +(c)identificationoftherightthathasallegedlybeeninfringed +(d)identificationofthematerialoractivitythatisclaimedtobethe +subjectofunlawfulactivity; +(e)theremedialactionrequiredtobetakenbytheintermediaryor +serviceproviderinrespectofthecomplaint;and +(f)telephonicandelectroniccontactdetails,ifany,ofthe +complainant. +(3)Apersonwholodgesanotificationofunlawfulactivitywitha +serviceproviderknowingthatitmateriallymisrepresentsthefactsisliableto +payapecuniarypenaltyequivalenttofivehundredpenaltyunits. +(4)Theintermediaryorserviceproviderisliableforwrongful +takedowninresponsetoanotification. +Monitoringandcompliance +75.(1)Anintermediaryorserviceprovidershallnotberequiredtomonitor +anelectronicrecordprocessedbymeansofapersonalsysteminorderto +ascertainwhetheritsprocessingwouldconstituteorgiverisetoanoffence +orgiverisetocivilliability. +(2)Nothinginthissectionshallrelieveanintermediaryorservice +providerfrom +(a)anobligationtocomplywithanorderordirectionofaCourtor +othercompetentAgency;or +(b)anycontractualobligation. +RiskAssessmentsandMitigation +76.(1)VeryLargeOnlinePlatforms(VLOPs)andVeryLargeOnline +SearchEngines(VLOSEs)shallconductannualriskassessmentstoidentify +systemicrisksassociatedwiththeirplatforms,includingbutnotlimitedto +disinformation,hatespeech,childexploitation,andotherharmfulcontent. +(2)VLOPsandVLOSEsshallsubmitriskmitigationplanstotheNational +InformationTechnologyAuthoritywithinthirty(30)daysfollowing +completionoftheassessment. +(3)Riskmanagementpracticesshallbesubjecttoindependentthird-party +auditseverytwo(2)years,andtheauditreportsshallbesubmittedtoNational +38InformationTechnologyAuthorityandmadepubliclyavailableinaccordance +withprescribedguidelines. +TransparencyObligations +77.(1)VLOPs,VLOSEs,andCertifyingAuthoritiesshallpublishbiannual +transparencyreportsdetailing +(i)contentmoderationactionsundertaken,includingremovalsandaccount +suspensions; +(ii)complaintsreceivedandthenatureandresolutionofsuchcomplaints; +(iii)theuseofautomatedtools,includingartificialintelligencesystems,for +filteringormoderatingcontent;and +(iv)algorithmicdisclosure,whichshallincludethecriteriausedincontent +ranking,targetedadvertising,andrecommendationsystems. +(2)CertifyingAuthoritiesshallalsopublishannualtransparencyreports +detailing: +(i)thenumberofdigitalcertificatesissued,revoked,orsuspended;and +(ii)thereasonsandcircumstancessurroundingsuchactions. +ProtectionofChildren +78.(1)Serviceprovidersofferingservicesdirectedatorlikelytobe +accessedbychildrensshallimplementrobustage-verificationmechanismsto +preventunauthorisedaccessbyunderageusers. +(2)Nopersonorentityshalldelivertargetedadvertisingbasedonthepersonal +dataofchildrens,whetherdirectlyorthroughautomatedprofilingsystems. +Duediligenceobligations +79.Alicenseeshallconductperiodicriskassessmentsinaccordancewith +standardsprescribedbytheNational Information Technology Authority,with +aviewtoidentifying,managing,andmitigatingpotentialthreatstothe +integrity,confidentiality,andavailabilityofitssystemsandservices. +Limitationsandprohibitedacts +80.(1)ExceptasprovidedinthisAct +(a)anypersonorentitythatprovidesanelectroniccommunication +servicetothepublicshallnotknowinglydivulgethecontentsof +acommunicationwhileinelectronicstoragebythatserviceto +anypersonorentity;and +39(b)apersonorentityprovidingremotecomputingservicetothe +publicshallnotknowinglydivulgethecontentsofany +communicationwhichiscarriedormaintainedonthatserviceto +anyotherpersonorentity +(i)onbehalfof,andreceivedbymeansofelectronic +transmissionfromasubscriberorcustomerofthe +service;and +(ii)solelyforthepurposeofprovidingstorageorcomputer +processingservicestothesubscriberorcustomer, +iftheproviderisnotauthorisedtoaccessthecontentsofthecommunications +toprovideanyserviceotherthanstorageorcomputerprocessing. +(2)Apersonorentitymaydivulgethecontentsofacommunication +(a)toanaddresseeorintendedrecipientofthecommunicationor +anagentoftheaddresseeorintendedrecipient; +(b)asotherwiseauthorisedbylaw; +(c)withthelawfulconsentoftheoriginator,anaddressee,intended +recipientofthecommunication,orthesubscriberinthecaseof +remotecomputingservice; +(d)toapersonemployed,authorisedorwhosefacilitiesareusedto +forwardthecommunicationtoitsdestination; +(e)asmaybenecessarilyincidenttotheprovisionoftheserviceor +totheprotectionoftherightsorpropertyoftheproviderofthat +service;or +(f)toalawenforcementagencyifthecontentswereinadvertently +andunintentionallyobtainedbytheserviceproviderandappear +torelatetothecommissionofacrime. +Savings +81.Sections70to80donotaffect +(a)anobligationfoundedonanagreement; +(b)theobligationofaserviceprovideractingasinthatcapacity +underalicensingorotherregulatoryregimeestablishedbyor +underanylaw;and +(c)anobligationimposedbylaworbyaCourtordertoremove, +blockordenyaccesstoanelectronicrecord. +40Miscellaneousmatters +TerritorialscopeofoffencesunderthisAct +82.(1)ThisActhaseffectinrelationtoapersonofwhatevernationality +outsideaswellaswithinthecountryandwhereanoffenceunderthisActis +committedbyapersoninanyplaceoutsidethecountry,thepersonmaybe +dealtwithasiftheoffencehadbeencommittedwithinthecountry. +(2)ThisActshallapplyif,fortheoffenceinquestion +(a)theaccusedwasinthecountryatthematerialtime; +(b)theelectronicpaymentmedium,computerorelectronicrecord +wasissuedinorlocatedorstoredinthecountryatthematerial +time; +(c)theelectronicpaymentmediumwasissuedbyafinancial +institutioninthecountry;or +(d)theoffenceoccurredwithinthecountry,onboardaGhanaian +registeredshiporaircraftoronavoyageorflighttoorfromthis +countryatthetimethattheoffencewascommitted,whether +paragraph(a),(b)or(c)applies. +Guidelines,directives,orcodesofpractice +83.TheNational Information Technology Authoritymay,forthepurposeof +givingeffecttotheprovisionsofthisAct,issueguidelines,directives,or +codesofpracticeasitconsidersnecessaryfortheeffectiveimplementation +andenforcementofthisActandanyRegulationsmadeunderit. +Regulations +84.TheMinistermaybylegislativeinstrumentmakeregulations +(a)todefine,enlargeorrestrictthemeaningofawordor +expressionusedinthisAct; +(b)tospecifyprovisionsoforrequirementsunderanother +enactmenttowhichthisActdoesnotapply; +(c)toprescriberecords,informationorclassesofrecordsor +informationnotapplicabletothisAct; +(d)toprescriberecordsorclassesofrecordsforwhicha +requirementunderlawforthesignatureofapersonmustbe +satisfiedbyanelectronicsignatureandproofthat,inviewofthe +41circumstancesincludinganyrelevantagreementandthetime +theelectronicsignaturewasmade, +(i)theelectronicsignatureisreliableforthepurposeof +identifyingtheperson,and +(ii)theassociationoftheelectronicsignaturewiththe +relevantelectronicrecordisreliableforthepurposesfor +whichtheelectronicrecordwasmade; +(e)toprovideforelectronicsignatures; +(f)toprovidefortheelectronicmeanstobeusedtosend,receive +orretaininformationorrecordsinelectronicformif +anenactmentrequiresapersontosend,receiveorretainthe +informationorrecords;and +(g)toprovideforanyothermatternecessaryfortheeffective +implementationofthisAct. +Interpretation +85.InthisAct,unlessthecontextotherwiserequires, +"access"includestheactionsofapersonwho,aftertakingnoteofdata, +becomesawareofthefactthatthereisnoauthorisationtoaccessthatdataand +stillcontinuestoaccessthatdata; +"addressee",inrespectofanelectronicrecord,meansapersonwhois +intendedbytheoriginatortoreceivetheelectronicrecord,butnotaperson +actingasanintermediarywithrespecttothatelectronicrecord; +"Agency"meanstheNationalInformationTechnologyAgency; +"algorithmicdisclosure"meanstheobligationofaplatformorservice +providertomakeavailablemeaningfulinformationaboutthelogic, +significance,parameters,andpotentialimpactofalgorithmsusedinranking, +recommending,orfilteringcontentoradvertisements; +"authenticationproductsorservices"meansproductsorservicesdesignedto +identifytheholderofanelectronicsignaturetootherpersons; +42"authenticationserviceprovider"meansapersonwhoseauthentication +productsorserviceshavebeenaccreditedbytheCertifyingAgencyunderthis +Act; +"automatedprofiling"meanstheuseofautomatedprocessingtechniques, +includingartificialintelligenceormachinelearning,toanalysepersonaldata +inordertoevaluatecertainaspectsofaperson,inparticulartopredictor +assessbehaviour,preferences,interests,orlocation; +"automatedtransaction"meansanelectronictransactionconductedor +performed,inwholeorinpart,bymeansofelectronicrecordsinwhichthe +conductorelectronicrecordsofoneorbothpartiesarenotreviewedbyan +individualintheordinarycourseoftheindividual’sbusinessoremployment; +"Biometricauthentication"meanstheprocessofverifyinganindividual’s +identitybasedonmeasurablephysiologicalorbehaviouralcharacteristics, +includingbutnotlimitedtofingerprints,facialfeatures,voicepatterns,retinal +scans,orotherbiometricidentifiers,usedinconnectionwithelectronic +identificationordigitalsignatures; +"Board"meansBoardoftheAgency; +"browser"meansacomputerprogrammewhichallowsapersontoread +hyperlinkedelectronicrecords; +"cache"meanshighspeedmemorythatstoresdataforrelativelyshortperiods +oftime,undercomputercontrol,inordertospeedupdatatransmissionor +processing; +"ccTLD"meanscountrycodedomainatthetopleveloftheInternet’sdomain +namesystemassignedaccordingtothetwo-lettercodesintheInternational +StandardISO3166-1(CodesforRepresentationofNamesofCountriesand +theirSubdivision); +"Certificatepracticestatement"meansastatementpublishedbyacertification +serviceproviderthatoutlinesthepractices,procedures,andsecuritycontrols +usedintheissuance,management,revocation,andrenewalofdigital +certificates; +43"certificationserviceprovider"meansapersonprovidinganauthentication +productorserviceintheformofadigitalcertificateattachedto,incorporated +inorlogicallyassociatedwithanelectronicrecord; +"CertifyingAgency"meanstheCertifyingAgencyestablishedunderthisAct; +"cleardays"meanscompletedaysexcludingthedayofdispatch; +"computer"meansadeviceoragroupofinter-connectedorrelateddevices, +includingtheInternet,oneormoreofwhich,pursuanttoaprogramme, +performsautomaticprocessingofdataoranyotherfunctionbutdoesnot +include +(a)portablehandheldcalculator; +(b)anautomatedtypewriterortypesetter; +(c)asimilardevicewhichisnon-programmableorwhichdoesnotcontainany +datastoragefacility;or +(d)anyotherdevicethattheMinistermayprescribeintheGazette; +"computeroutput"or"output"meansastatementorrepresentation,whether +inwritten,printed,pictorial,graphical,electronic,digitaloranyotherform, +purportingtobeastatementorrepresentationoffact +(a)producedbyacomputer;or +(b)accuratelytranslatedfromastatementorrepresentationsoproduced; +"computerservice"includescomputertime,computeroutput,dataprocessing +andthestorageorretrievalofaprogrammeordata; +"consumer"meansanindividualpersonwhoentersorintendsenteringintoan +electronictransactionwithasupplierastheenduserofthegoodsorservices +offeredbythatsupplier; +"controller"meansapersonwhoelectronicallyrequests,collects,collates, +processesorstorespersonalinformationfromorinrespectofadatasubject; +"Court"meansanyjudicial,quasi-judicialorotheradministrativetribunal +establishedbylaw; +44"criticaldatabase"meansacrucialsetofdatainanelectronicrecordrelatedto +nationalsecurityortheeconomicwell-beingofthepublicdeterminedbythe +Minister; +"criticaldatabaseadministrator"meansthepersonresponsibleforthe +managementandcontrolofacriticaldatabase; +"criticalelectronicrecord"meansanelectronicrecord,grouporclassification +ofelectronicrecordwhichisdeclaredbytheMinistertobeofimportanceto +theprotectionofthenationalsecurityoftheRepublicortheeconomicand +socialwell-beingofitscitizens; +"cyberinspector"meansastaffoftheNationalInformationTechnology +Agencywithpowertomonitor,investigate,prosecuteanyoffenceunderthis +Actandanyotherlawenforcementagencyactingunderanyprovisionofthis +Act; +"damage"includesimpairmenttoacomputerortheintegrityoravailabilityof +aprogrammeordataheldinacomputerthat: +(a)causeslosswithintheperiodprescribedundertheLimitationDecree,1972 +(N.R.C.D.54), +(b)modifiesorimpairs,orpotentiallymodifiesorimpairs,themedical +examination,diagnosis,treatmentorcareofaperson, +(c)causesorthreatensphysicalinjuryordeathtoaperson,or +(d)threatensthepublicinterest; +"decryptioninformation"meansinformationortechnologythatenablesa +persontoreadilyretransformorunscrambleanencryptedprogrammeordata +fromitsunreadableandincomprehensibleformattoitsplaintextversion; +"device"meansanythingorapparatusthatisusedorcapableofbeingusedto +interceptafunctionofacomputerorelectronicrecord; +"digitalplatform"meansanonline-basedsystemorinterface,includingweb- +basedplatformsandapp-basedecosystems,thatfacilitatesinteractionbetween +usersfortheexchangeofgoods,services,information,orcontent,including +socialmediaplatforms,onlinemarketplaces,anddigitalserviceaggregators; +45"digitalsignature"meansdataattachedto,incorporatedin,orlogically +associatedwithotherdataandwhichisintendedbytheusertoserveasa +signature; +"domainnamesystem"meansasystemtotranslatedomainnamesintoIP +addressesorotherinformation; +"E-Gazette"meansanofficialGovernmentpublicationissuedinelectronic +format,whichisaccessibleonline,authenticatedbyelectronicordigital +signature,andwhichcarriesthesamelegaleffectandadmissibilityincourtas +theprintversionoftheGazette; +"e-governmentservices"meansapublicserviceprovidedbyelectronicmeans +byapublicbodyinthecountry; +"e-mail"meanselectronicmail,anelectronicrecordusedorintendedtobe +usedasamailmessagebetweentheoriginatorandaddresseeinanelectronic +communication; +"electronicagent"meansacomputerprogrammeoranelectronicorother +automatedmeansusedindependentlytoinitiateanactionorrespondto +electronicrecordsorperformancesinwholeorinpart,inanautomated +transaction; +"electroniccommunication"meansacommunicationbymeansofelectronic +records; +"electronicpaymentmedium"includesanymediumissuedtoaholdercapable +ofbeingusedtomakeanelectronicfinancialtransaction; +"electronicrecord"includesdatagenerated,sent,receivedorstoredby +electronicmeans: +(a)voice,wherevoiceisusedinanautomatedtransaction;and +(b)astoredrecord; +"electronicsignature"meansanydatainelectronicform,affixedtoor +logicallyassociatedwithadatamessage,whichisusedbyapersontoindicate +theiragreementtothecontentofthatdatamessageortransaction,andwhich +46iscapableofidentifyingthesignatoryandmaintainingtheintegrityofthe +signedinformation; +"electronictransaction"meansatransactionbyanelectronicagent; +"encryptedproduct"meansaproductthatmakesuseofencryptiontechniques +andisusedbyasenderorrecipientofelectronicrecordtoensure +(a)thatthedatacanbeaccessedonlybyrelevantpersons, +(b)theauthenticityofthedata, +(c)theintegrityofthedata,or +(d)thatthesourceofthedatacanbecorrectlyascertained; +"encryptedprogrammeorelectronicrecord"meansaprogrammeordata +whichhasbeentransformedorscrambledfromitsplaintextversiontoan +unreadableorincomprehensibleformat,regardlessofthetechniqueutilized +forthetransformationorscramblingandirrespectiveofthemediuminwhich +theprogrammeordataoccursorcanbefoundforthepurposesofprotecting +thecontentoftheprogrammeordata; +"encryptionprovider"meansanypersonwhoprovidesorwhoproposesto +provideencryptionservicesorproductsinthecountry; +"encryptionservice"meansaservicewhichisprovidedtoasenderora +recipientofanelectronicrecordortoanyonestoringanelectronicrecord, +whichisdesignedtofacilitatetheuseofencryptiontechniquestoensure +(a)thatthedataorelectronicrecordcanbeaccessedorcanbeputintoan +intelligibleformonlybycertainpersons, +(b)thattheauthenticityorintegrityofthedataorelectronicrecordiscapable +ofbeingascertained, +(c)theintegrityofthedataorelectronicrecord,or +(d)thatthesourceofthedataorelectronicrecordcanbecorrectlyascertained; +"essentialemergencyservice"meansavitalservicetoavoidtheimminent +occurrenceofasituationwhichisoutoftheordinarywhichthreatensto +endangeraperson,publicsafetyorcausedamagetoproperty; +"financialinstitution"meansanentitythatundertakesfinancialintermediation; +47"financialintermediation"meansaprocessoftransferringfundsfromone +entitytoanotherentity; +"Forum"meansIndustryForum; +"function"includeslogic,control,arithmetic,deletion,storageandretrieval, +andcommunicationortelecommunicationto,fromorwithinacomputer; +"Gazette"includesanelectronicrecordoftheGazetteandpublicationonthe +websiteoftheappropriateGovernmentAgency; +".ghdomainnamespace"meansthe.ghccTLDassignedtotheRepublic +accordingtothetwo-lettercodesintheInternationalStandardISO3166; +"Government"meansanyauthoritybywhichtheexecutiveauthorityofthe +Republicisdulyexercised; +"homepage"meanstheprimaryentrypointwebpageofawebsite; +"hyperlink"meansareferenceorlinkfromsomepointinoneelectronic +recorddirectingabrowserorothertechnologyorfunctionalitytoanother +electronicrecordorpointinthatelectronicrecordortoanotherplaceinthe +sameelectronicrecord; +"hypertext"meansareferenceorlinkfromsomepointinoneelectronic +recorddirectingabrowserorothertechnologyorfunctionalitytoanother +electronicrecordorpointortoanotherplaceinthesameelectronicrecord; +"incorporatedbody"meansanentityregisteredundertheCompaniesAct +2019(Act992),theIncorporatedPrivatePartnershipsAct1962(Act152)or +theTrusteesIncorporationAct,1962(Act106); +"incidentresponseplan"meansaformalsetofproceduresestablishedbya +licensedentityorcertifyingauthorityfordetecting,reporting,respondingto, +andrecoveringfromcybersecurityincidentsorbreachesthataffectthe +integrity,availability,orconfidentialityofitssystemsorservices; +"industry"meansthecommunicationsindustry; +48"IndustryForum"meansthecommunicationsindustrymeetingfromtimeto +timetodiscussmattersofcommoninteresttoandconcerningtheindustry; +"informationsystem"includesasystemforgenerating,sending,receiving, +storing,displayingorotherwiseprocessingelectronicrecordsandtheInternet; +"informationsystemservices"includestheprovisionofconnections,the +operationoffacilitiesforinformationsystems,theprovisionofaccessto +informationsystems,thetransmissionorroutingofelectronicrecordsbetween +oramongpointsspecifiedbyauserandtheprocessingandstorageofdataat +theindividualrequestoftherecipientoftheservice; +"intercept"includes,inrelationtoafunctionofacomputerorelectronic +record,listeningtoorrecordingafunctionofacomputerorelectronicrecord, +oracquiringthesubstance,meaningorpurportofit; +"intermediary"meansapersonwho,onbehalfofanotherperson,whetheras +agentornot,sends,receivesorstoresaparticularelectronicrecordorprovides +otherserviceswithrespecttothatelectronicrecord; +"interoperabilitystandards"meanstechnicalspecificationsthatensuredigital +systems,applications,andprocessesarecapableofexchangingandusing +informationsecurely,effectively,andconsistentlyacrossdifferentplatforms, +jurisdictions,orcertifyingauthorities; +"Internet"meanstheinterconnectedsystemofnetworksthatconnects +computersaroundtheworldusingtheTCP/IPandfutureversionsofthe +interconnectedsystem; +"IPaddress"meansthenumberidentifyingthepointofconnectionofa +computerorotherdevicetotheinternet; +"lawenforcementagency"meansthepolice,customs,exciseandpreventive +serviceandanyotherlawenforcementagencyauthorisedbylawtoexercise +policepowers; +"Minister"meanstheMinisterresponsibleforCommunications; +49"Ministry"meanstheMinistryresponsibleforCommunications; +"notice"meanstransactionalmessageornotificationintendedtoelicitthe +subscriber’schoicetoopt-inoropt-outofaservice,oranemergency +communicationprescribedbylaw; +"originator"meansapersonbywhom,oronwhosebehalf,anelectronic +recordpurportstohavebeensentorgeneratedpriortostorage,butdoesnot +meanapersonactingasanintermediarywithrespecttothatelectronicrecord; +"person"includesapublicagency; +"personalinformation"meansinformationaboutanidentifiableindividual, +including,butnotlimitedto: +(a)informationrelatingtotherace,gender,sex,pregnancy,maritalstatus, +nationality,ethnicorsocialorigin,colour,sexualorientation,age,physicalor +mentalhealth,well-being;disability,religion,conscience,belief,culture, +languageandbirthoftheindividual; +(b)informationrelatingtotheeducationorthemedical,criminalor +employmenthistoryoftheindividualorinformationrelatingtofinancial +transactionsinwhichtheindividualhasbeeninvolved; +(c)anyidentifyingnumber,symbol,orotherparticularassignedtothe +individual; +(d)theaddress,fingerprintsorbloodtypeoftheindividual; +(e)thepersonalopinions,viewsorpreferencesoftheindividual,exceptwhere +theyareaboutanotherindividualoraboutaproposalforagrant,anawardora +prizetobemadetoanotherindividual; +(f)correspondencesentbytheindividualthatisimplicitlyorexplicitlyofa +privateorconfidentialnatureorfurthercorrespondencethatwouldrevealthe +contentsoforiginalcorrespondence; +(g)theviewsoropinionsofanotherindividualabouttheindividual; +(h)theviewsoropinionsofanotherindividualaboutaproposalforagrant,an +awardoraprizetobemadetotheindividual,butexcludingthenameofthe +otherindividualwhereitappearswiththeviewsoropinionsoftheother +individual;and +(i)thenameoftheindividualwhereitappearswithotherpersonalinformation +relatingtotheindividualorwherethedisclosureofthenameitselfwould +50revealinformationabouttheindividual,butexcludesinformationaboutan +individualwhohasbeendeadformorethantwentyyears; +"plaintextversion"meansaprogrammeororiginaldatabeforeithasbeen +transformedorscrambledtoanunreadableorincomprehensibleformat; +"prescribe"meansprescribebydirective,noticeorRegulationunderthisAct; +"programmeorcomputerprogramme"meansdatarepresentinginstructionsor +statementswhichwhenexecutedinacomputer,causesthecomputerto +performafunction; +"programmeordata"includesareferencetoaprogrammeordataheldinany +removablestoragemediumwhichisforthetimebeinginthecomputer; +"publicagency"meansabodyset-upbyGovernmentinthepublicinterest +withorwithoutanActofParliament; +(a)departmentofcentralgovernmentoradepartmentinlocalgovernment;or +(b)anyotherfunctionaryorinstitutionwhen +(i)exercisingapowerordischargingadutyintermsoftheConstitution;or +(ii)exercisingapowerorperformingafunctionintermsofanylegislation; +"publicinterest"includesarightoradvantagewhichenuresorisintendedto +enuretothegeneralbenefitofthepeopleofthiscountry,includingbutnot +limitedtoaccesstoessentialdigitalservices,protectionofpersonaldata, +promotionofcybersecurity,andthesafeguardingofnationaldigital +infrastructure; +"publickey"meansthekeywhichisavailabletothepublicforpurposesofthe +encryptionofanelectronickeywhichislinkedtoaprivatedecryptionkey +heldexclusivelybytheissuerofthekeyavailabletothepublic; +"PublicKeyInfrastructure"(PKI)meansasystemofpolicies,roles, +hardware,software,andproceduresneededtocreate,manage,distribute,use, +store,andrevokedigitalcertificatesandpublickeys,enablingsecure +electronictransactionsandcommunicationthroughauthentication, +confidentiality,integrity,andnon-repudiation; +51"QualifiedElectronicSignature"meansanelectronicsignaturethat— +(a)isuniquelylinkedtothesignatory; +(b)iscapableofidentifyingthesignatory; +(c)iscreatedusingmeansthatthesignatorycanmaintainundertheirsole +control;and +(d)isbasedonaqualifiedcertificateissuedbyacertificationserviceprovider +accreditedorrecognisedunderthisAct; +"recommendationsystem"meansanautomatedsystemusedbyanonline +platformtosuggestcontent,products,services,orinteractionstousersbased +ondatacollectedfromoraboutthoseusersorotherusers; +"repository"meanstheprimaryregisterofelectronicrecordsorinformation +maintainedbyaregistryorcertificationserviceprovider,forthepurposeof +storing,publishing,orretrievingdigitalcertificates,publickeys,orrelated +transactionaldata; +"riskmanagementpractices"meansstructuredprocesses,tools,and +proceduresemployedtoassess,monitor,andaddressoperational, +technological,legal,andreputationalriskswithinanelectronic +communicationenvironment; +"riskmitigationplan"meansadocumentedstrategydevelopedbyaservice +providerorplatformtoidentify,reduce,andmanagepotentialsystemicrisks +andvulnerabilitiesassociatedwithitsoperations,systems,orcontent +disseminationprocesses; +"RootCA"meanstheRootCertificationAuthority,beingthetop-leveltrusted +entityinaPublicKeyInfrastructurethatissuesanddigitallysignscertificates +forsubordinatecertificationauthorities,andservesasthefoundationaltrust +anchorforthevalidationofalldigitalcertificatesissuedunderthe +infrastructure; +"secondleveldomain"meansthesubdomainimmediatelyfollowingthe +ccTLD; +"securityagency"meansabodyconnectedwithnationalsecurity; +52"serviceprovider"meansanypersonprovidinginformationsystemservices; +"statutoryprovision"meansbyorunderanActofParliament; +"subdomain"meansanysubdivisionofthe.ghdomainnamespacewhichis +thesecondleveldomain; +"Subscriber"meansapersonorentitythatisthesubjectnamedoridentifiedin +adigitalcertificate,whohasappliedforandbeenissuedthecertificatebya +certificationserviceprovider,andwhoholdsthecorrespondingprivatekey +associatedwiththepublickeylistedinthecertificate; +"TCP/IP"meanstheTransmissionControlProtocolInternetProtocolusedby +aninformationsystemtoconnecttotheInternet; +"TI-D"meansatopleveldomainofthedomainnamesystem; +"thirdparty"inrelationtoaserviceprovider,meansasubscribertotheservice +provider’sservicesoranyotheruseroftheserviceprovider’sservicesora +userofinformationsystems; +"transaction"meansatransactionofeitheracommercialornon-commercial +natureandtheprovisionofinformationande-governmentservices; +"transparencyreport"meansaperiodicreportpublishedbyaserviceprovider, +certifyingauthority,orplatformdetailingthescopeandnatureofcontent +moderationactivities,useofautomatedtools,algorithmicprocesses, +complaintsreceivedandresolved,andotheroperationalmetricsasrequired +underthisAct; +"unauthorisedaccess"isaccessofanykindbyapersontoaprogrammeor +dataheldinacomputerwithoutauthorityif: +(a)thepersonisnotpersonallyentitledtocontrolaccessofthekindin +questiontotheprogrammeordata;and +(b)thepersondoesnothaveconsenttoaccessthekindofprogrammeordata +fromthepersonwhoisentitledtocontrolaccess; +53"unincorporatedbody"meansanentityregisteredundertheRegistrationof +BusinessNamesAct,1962(Act151)oranypersoncarryingonbusiness +withoutaregistrationorwithoutacertificateofincorporation; +"universalaccess"meansaccessbyallcitizensofGhanatointernet +connectivityandelectronictransactions; +"user-generatedcontent"meansanyformofcontent,includingtext,images, +videos,oraudio,createdanduploadedbyauserofanonlineplatform,which +isnotpre-selectedorcontrolledbytheserviceproviderotherthanthrough +moderationoralgorithmiccuration; +"VeryLargeOnlinePlatforms"or"VLOPs"meansonlineplatformsthat +provideintermediaryservicesprimarilyconsistingofhostinguser-generated +content,whichreachanaverageofforty-fivemillionormoremonthlyactive +userswithinthejurisdictionorrelevantregion,andwhich,duetotheirsize, +haveasignificantsocietalorsystemicimpactonthedisseminationof +information,publicdiscourse,oraccesstogoodsandservicesonline; +"VeryLargeOnlineSearchEngines"or"VLOSEs"meansonlinesearch +enginesthatallowuserstoinputqueriestoretrieveinformationfromwebsites +acrosstheinternet,andwhichreachanaverageofforty-fivemillionormore +monthlyactiveusers,therebyhavingaconsiderableeffectonthevisibilityof +onlineinformationandtheflowofdigitaltraffic; +"webpage"meansanelectronicrecordontheWorldWideWeb; +"website"meansalocationontheInternetcontainingahomepageorweb +page;and +"WorldWideWeb"meansaninformationbrowsingframeworkthatallowsa +usertolocateandaccessinformationstoredonaremotecomputerandto +followreferencesfromonecomputertorelatedinformationonanother +computer. +Repealsandsavings +86.(1)TheElectronicTransactionsAct,2008(Act772)isherebyrepealed. +54(2)Despitetherepealundersubsection(1),anylicence,authorisation,notice, +orotherlawfulactissuedordoneundertherepealedenactment,andinforce +immediatelybeforethecomingintoforceofthisAct,shall,totheextentthatit +isnotinconsistentwiththisAct,bedeemedtohavebeenissuedordoneunder +thisActandshallcontinueinforceuntilitisrevoked,reviewed,cancelled, +terminated,orexpires. +(3)TheActshallnotaffecttherepealedenactmentintheoperationofoffences +committed,penaltiesimposedorproceedingscommencedbeforethecoming +intoforceofthisAct. +Modificationofexistingenactments +87.(1)TheprovisionsofanyenactmentrelevanttothisActandinexistence +beforethecomingintoforceofthisActshallhaveeffectsubjecttosuch +modificationsnecessarytogiveeffecttothisAct. +(2)Wherethereisaconflictorinconsistencybetweentheprovisionsofthis +ActandanyotherenactmentrelevanttothisAct,theprovisionsofthisAct +shallprevail. +TransitionalProvisions +88.(1)Alicence,frequencyauthorisation,permitorcertificateissuedbythe +NationalCommunicationsAuthorityinrespectofelectroniccommunications, +spectrum,orbroadcastingservicesshallremainvaliduntilitisrevoked, +cancelled,terminatedbytheAuthority,orexpiresinaccordancewithitsterms. +(2)LicenseesandentitiessubjecttonewobligationsunderthisActshallbe +givenaperiodoftwelvemonthsfromthecommencementofthisAct,orsuch +longerperiodasmaybeprescribedbytheMinister,tobringtheiroperations +intofullcompliance. +*DateofGazettenotification: \ No newline at end of file diff --git a/assets/example_bills/electronic-transactions-bill-2025/metadata.json b/assets/example_bills/electronic-transactions-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..d5b3d2e39f4fde99fa6ce0b4f3d219eceee2aa32 --- /dev/null +++ b/assets/example_bills/electronic-transactions-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:15:16.085007+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://nita.gov.gh/wp-content/uploads/2025/NITA-ETA-public-consultation-2025.pdf", + "document_hash": "bd90a4cffe2973adbb007e64b50ab9636e9bed68c7cc2f80370c74dacd689e4f", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/emerging-technologies-bill-2025/analysis.json b/assets/example_bills/emerging-technologies-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..0db423066b97e966dbb1cd31e893bc5679c6ee5d --- /dev/null +++ b/assets/example_bills/emerging-technologies-bill-2025/analysis.json @@ -0,0 +1,76 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Emerging Technologies Agency (ETA) as a corporate body with powers to regulate and promote emerging technologies.", + "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.", + "Creates a Board of governance with members from government, private sector, and civil society, subject to term limits and transparency rules.", + "Requires the ETA to develop guidelines, standards, and codes of practice for emerging technologies.", + "Imposes general principles (e.g., non-discrimination, data protection, environmental safeguards) that apply to all emerging technology systems.", + "Assigns enforcement of these principles to existing regulatory bodies (e.g., Data Protection Authority, Cybersecurity Authority) with administrative penalties for violations." + ], + "implementation": [ + { + "stakeholder": "Emerging Technologies Agency (ETA)", + "obligation": "Develop and enforce guidelines for emerging technologies, coordinate with public institutions, and manage divisions focused on AI, blockchain, IoT, etc.", + "implementation_burden": "Requires significant resource allocation, inter-agency coordination, and capacity-building to meet its broad mandate.", + "risk_or_note": "Potential overlap with existing regulatory bodies may create confusion or inefficiencies." + }, + { + "stakeholder": "Board members of the ETA", + "obligation": "Adhere to disclosure rules, attend meetings, and ensure strategic oversight of the ETA\u2019s operations.", + "implementation_burden": "Time-intensive governance responsibilities, including conflict-of-interest disclosures and quorum requirements.", + "risk_or_note": "Vacancies or non-compliance with term limits could delay decision-making." + }, + { + "stakeholder": "Private sector (startups, SMEs, developers)", + "obligation": "Comply with ETA guidelines, data protection laws, and consumer protection requirements for emerging technology products/services.", + "implementation_burden": "Costs of adapting to new standards, potential delays in product launches, and compliance with data governance frameworks.", + "risk_or_note": "Smaller firms may struggle with resource constraints to meet regulatory expectations." + }, + { + "stakeholder": "Public institutions", + "obligation": "Adopt emerging technologies in public services and collaborate with the ETA on data sharing and infrastructure development.", + "implementation_burden": "Need to modernize systems, train staff, and align with ETA\u2019s strategic priorities.", + "risk_or_note": "May face resistance from legacy systems or bureaucratic inertia." + } + ], + "critique": [ + { + "issue": "Ambiguity in enforcement coordination", + "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.", + "recommendation": "The bill should include a mechanism for inter-agency collaboration and conflict resolution to avoid duplication or gaps in oversight." + }, + { + "issue": "Lack of funding mechanisms", + "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.", + "recommendation": "The bill should specify a funding formula or allocate a portion of the national budget to the ETA to ensure operational sustainability." + }, + { + "issue": "Over-reliance on self-regulation", + "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.", + "recommendation": "The bill should grant the ETA direct enforcement authority or clarify how penalties will be applied consistently across sectors." + } + ], + "swot": { + "strengths": [ + "Centralized governance structure to streamline emerging technology policy and innovation.", + "Focus on inclusive education and skills development to address digital divides.", + "Integration of ethical and environmental safeguards into technology deployment." + ], + "weaknesses": [ + "Potential overlap with existing regulatory bodies may lead to inefficiencies.", + "No clear funding mechanism for the ETA\u2019s operations.", + "Broad mandates without specific implementation timelines or metrics for success." + ], + "opportunities": [ + "Enhanced international cooperation through the ETA\u2019s cross-border technology initiatives.", + "Growth of Ghana\u2019s tech ecosystem via support for startups and SMEs.", + "Improved public services through mandated adoption of emerging technologies." + ], + "threats": [ + "Regulatory burden on small businesses and developers due to compliance requirements.", + "Risk of stifling innovation if guidelines become overly prescriptive.", + "Potential misuse of emerging technologies if oversight mechanisms are not robustly implemented." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/emerging-technologies-bill-2025/chunks.json b/assets/example_bills/emerging-technologies-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..5e25b14a32ea19f2be9d0d6ad963c555c0a5e144 --- /dev/null +++ b/assets/example_bills/emerging-technologies-bill-2025/chunks.json @@ -0,0 +1,18 @@ +[ + "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.", + "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;", + "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;", + "(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", + "(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", + "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.", + "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.", + "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", + "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", + "(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.", + "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", + "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", + "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", + "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;", + "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;", + "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." +] \ No newline at end of file diff --git a/assets/example_bills/emerging-technologies-bill-2025/document.txt b/assets/example_bills/emerging-technologies-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..a9e02bae5767b82c485faae105133963fc2a5396 --- /dev/null +++ b/assets/example_bills/emerging-technologies-bill-2025/document.txt @@ -0,0 +1,436 @@ +EMERGING TECHNOLOGIES BILL, 2025 +1 +ARRANGEMENT OF SECTIONS +Section +Emerging Technologies Agency +1. Establishment of the Agency +2. Object of the Agency +3. Functions of the Agency +4. Powers of the Agency +5. Governance of the Governing body of the Agency +6. Functions of the Board +7. Tenure of office of members +8. Meetings of the Board +9. Disclosure of interest +10. Establishment of committees +11. Allowances +12. Ministerial directives +Administration +13. Divisions +14. Appointment of Chief Executive Officer +15. Functions of the Chief Executive Officer +16. Appoint of the Deputy Chief Executive Officer +17. Other staff +Financials +18. Funds of the Agency +19. Accounts and Audits +20. Annual reports and other reports +Guiding General Principles +21. Integrity of democratic processes and the rule of law +22. Discrimination and bias +23. Transparency and oversight +24. Personal data protection +25. Consumer protection +26. Accountability and responsibility +27. Reliability +28. Risk and impact management +29. Human oversights +30. Misinformation and disinformation +31. Security +32. Environmental safeguards +33. Intellectual Property +34. Right to Redress +35. Enforcement +36. Regulations +37. Interpretation +EMERGING TECHNOLOGIES BILL, 2025 +2 +A +BILL +ENTITLED +EMERGING TECHNOLOGIES BILL, 2025 +A BILL to establish the Emerging Technologies Agency to advance and facilitate the +adoption of emerging technologies; to promote research, innovation and +development of emerging technology tool s; to deploy emerging technology to +increase social and economic productivity; to provide a harmonised a body of rules +on emerging technology obligations, rights, ethics and safety, and for related matters. +Emerging Technologies Agency +Establishment of the Emerging Technologies Agency +1. (1) There is established by this Act the Emerging Technologies Agency as a body +corporate. +(2) For the performance of functions, the Agency may acquire and hold property, +dispose of property and enter into a contract or any other related transaction. +(3) Where there is a hindrance to the acquisition of land, the land may be acquired for +the Agency under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Agency. +EMERGING TECHNOLOGIES BILL, 2025 +3 +Object of the Agency +2. The objects of the Agency are to: +(a) advance and facilitate the adoption of emerging technology in the country; +(b) promote research, innovation and development of emerging technology tools in the +country; +(c) deploy emerging technology to increase social and economic productivity; +(d) provide a harmonised a body of rules on rights related to risks ethics and safety; +(e) create awareness of emerging technology; +(e) promote cross -border transfer of emerging -technology -based goods and services +for the international development, marketing and use of systems; +(f) ensure that activities related to emerging technology and emerging technology +systems are consistent with human rights, democracy and the rule of law. +Functions of the Agency +3. To achieve the objects under section 2, the Agency shall: +(a) advise the Government and public institutions on all matters related to emerging +technology in the country; +(b) optimise emerging technology for economic development of the country; +(c) ensure efficiency within the emerging technology value chain by promoting +research, creativity and innovation; +(d) promote an emerging technology curriculum, an emerging technology -based +curriculum and emerging technology education, particularly through inclusive +educational programmes, to expand emerging technology knowledge and to +increase the number of graduates, ac ademics, practitioners and professionals with +expertise in emerging technology and related disciplines in data science, data +engineering, computer science, among others; +(e) equip people, especially underserved and unserved communities, with skills in +emerging technology to promote technological agency and awareness; +(f) empower the youth with skills and tools to broaden their participation in the +emerging technology value chain for, job creation opportunities, involvement in +the digital economy, and the digital development of the economy; +EMERGING TECHNOLOGIES BILL, 2025 +4 +(g) develop digital infrastructure to build robust emerging technology systems for +affordable access for all persons; +(h) promote the adoption of emerging technology in the public sector and for public +services; +(i) to create a conducive and investment -ready environment for private organisations, +start-ups and innovative companies in the emerging technology industry; +(j) encourage competitiveness in the development of emerging technology tools and +systems; +(k) facilitate data access, data availability and data governance across institutions for +the advancement of emerging technology, while safeguarding citizens’ privacy, +security and rights in accordance with the Data Protection Act; +(l) build and coordinate an emerging technology community for the sharing of +knowledge, creating synergies, and development of emerging technology; +(m) accelerate the adoption of emerging technology in key sectors of the economy +including healthcare, agriculture, transportation, energy, lands and natural +resources and financial services; +(n) encourage investments in the emerging technology eco -system to provide for +sustainable development of emerging technology; +(o) deploy strategies to implement research findings towards the promotion of +emerging technology; +(p) establish guidelines, standards and codes of practice for risk -protected, healthy, +safe, ethical and practical use of emerging technology; +(q) address product safety, privacy and consumer protection challenges and +opportunities presented by emerging technology; +(r) provide technical support for emerging technology developers; +(s) promote international cooperation with respect to emerging technology; and +(t) perform any other functions which are ancillary to the objects of the Agency. +Powers of the Agency +4. (1) The Agency shall determine the nature, process and undertakings necessary for the +effective performance of its functions under this Act. +EMERGING TECHNOLOGIES BILL, 2025 +5 +(2) The Agency is granted the power to: +(a) issue regulations, rules, directives and guidelines under this Act; +(b) facilitate conciliation, mediation and negotiation on disputes arising from this +Act; and +(c) make any determination as the Agency finds just and equitable. +Governance of the Governing body of the Agency +5. The governing body of the Agency is a Board consisting of +(a) a chairperson; +(b) one representative from the following; +(i) The Ministry not below the rank of a Chief Director; +(ii) Data Protection Commission not below the rank of Deputy Director -General; +(iii) National Information Technology Agency not below the rank of Deputy +Director -General; +(c) one representative nominated by the Industry Forum; +(d) one representative from the Accra Digital Centre; +(e) two other persons nominated by the President on the advice of the Minister, at least +one of whom is a woman; and +(f) Chief Executive Officer of the Agency. +Functions of the Board +6. The Board shall, subject to the provisions of this Act, +(a) have oversight responsibility for the Agency; +(b) be responsible for the strategic direction and policies of the Agency; and +(c) ensure the efficient and effective performance of the functions of the Agency. +Tenure of office of members +7. (1) A member of the Board shall hold office for a period not exceeding three years and +is eligible for re -appointment but a member shall not be appointed for more than two +terms. +(2) Subsection (1) does not apply to the Chief Executive Officer of the Agency. +EMERGING TECHNOLOGIES BILL, 2025 +6 +(3) A member of the Board may at any time resign from office in writing addressed to +the President through the Minister. +(4) A member of the Board, other than the Chief Executive Officer who is absent from +three consecutive meetings of the Board without sufficient cause ceases to be a member +of the Board. +(5) The President may by letter addressed to a member revoke the appointment of that +member. +(6) Where a member of the Board is, for a sufficient reason, unable to act as a member, +the Minister shall determine whether the inability would result in the declaration of a +vacancy. +(7) Where there is a vacancy +(a) under subsection (3) or (4); +(b) as a result of a declaration under subsection (6); or +(c) by reason of the death of a member the Minister shall notify the President of +the vacancy and the President shall appoint a person to fill the vacancy. +Meetings of the Board +8. (1) The Board shall meet at least once every three months for the dispatch of business +at the times and in the places determined by the chairperson. +(2) The chairperson shall at the request in writing of not less than one -third of the +membership of the Board convene an extraordinary meeting of the Board at the place and +time determined by the chairperson. +(3) The quorum at a meeting of the Board is seven members of the Board or a greater +number determined by the Board in respect of an important matter. +(4) The chairperson shall preside at meetings of the Board and in the absence of the +chairperson, a member of the Board elected by the members present from among their +number shall preside. +(5) Matters before the Board shall be decided by a majority of the members present +and voting and in the event of an equality of votes, the person presiding shall have a casting +vote. +(6) The Board may co -opt a person to attend a Board meeting but that person shall not +vote on a matter for decision at the meeting. +EMERGING TECHNOLOGIES BILL, 2025 +7 +Disclosure of interest +9. (1) A member of the Board who has an interest in a matter for consideration +(a) shall disclose the nature of the interest and the disclosure shall form part +of the record of the consideration of the matter; and +(b) shall not participate in the deliberations of the Board in respect of that +matter. +(2) A member ceases to be a member of the Board if that member has an interest on +a matter before the Board and +(a) fails to disclose that interest; or +(b) participates in the deliberations of the Board in respect of the matter. +Establishment of committees +10. (1) The Board may establish committees consisting of members of the Board or non - +members or both to perform a function. +(2) A committee of the Board may be chaired by a member of the Board. +(3) Section 8 applies to members of committees of the Board. +Allowances +11. Members of the Board and members of a committee of the Board shall be paid the +allowances approved by the Minister in consultation with the Minister responsible for +Finance. +Ministerial directives +12. The Minister may give directives to the Board on matters of policy. +Administration +Divisions of the Agency +13. (1) There shall be established the following divisions of the Agency for the purpose +of its functions: +(a) Artificial Intelligence Division +(b) Blockchain -based technology Division +EMERGING TECHNOLOGIES BILL, 2025 +8 +(c) Internet of Things (IoT) Division +(d) Cloud technology Division +(e) Quantum computing Division +(2) The Board shall establish such other divisions of the Agency for the effective and +efficient discharge of the functions of the Agency. +Appointment of Chief Executive Officer +14. (1) The President shall, in accordance with article 195 of the Constitution, appoint a +Chief Executive Officer for the Agency. +(2) The Chief Executive Officer shall hold office on the terms and conditions specified +in the letter of appointment. +(3) The Chief Executive Officer shall not be subject to suspension or dismissal by any +Agency during his or her term. +(4) The Chief Executive Officer shall be a person of high moral character and integrity +with the relevant professional qualifications and experience related to the functions of the +Agency. +Functions of the Chief Executive Officer +15. (1) The Chief Executive Officer is responsible for +(a) the day -to-day administration of the affairs of the Agency and is answerable +to the Board in the performance of functions under this Act, and +(b) the implementation of the decisions of the Board. +(2) The Chief Executive Officer shall perform any other functions determined by the +Board. +(3) The Chief Executive Officer may delegate a function to an officer of the Agency +but shall not be relieved of the ultimate responsibility for the performance of the delegated +function. +Appointment of Deputy Chief Executive Officer +16. (1) The President shall, in accordance with article 195 of the Constitution appoint a +Deputy Chief Executive Officer for the Agency. +EMERGING TECHNOLOGIES BILL, 2025 +9 +(2) The Deputy Chief Executive Officer shall hold office on such terms and conditions +as shall be specified in his letter of appointment. +(3) The Deputy Chief Executive Officer shall be responsible to the Chief Executive +Officer in the performance of his functions under this Act. +(4) The Deputy Chief Executive Officer shall, subject to the provisions of this Act +(a) assist the Chief Executive Officer in the discharge of his functions and perform +such other functions as the Director General may delegate to him; and +(b) be responsible for the direction of the Agency when the Chief Executive +Officer is absent from Ghana or is otherwise unable to perform his functions. +Appointment of other staff +17. (1) The President shall, in accordance with article 195 of the Constitution, appoint +any other staff of the Agency that are necessary for the efficient and effective performance +of the functions of the Agency. +(2) Other public officers may be transferred or seconded to the Agency or may give +assistance to the Agency. +(3) The Agency may, for the efficient and effective discharge of the functions of the +Agency, engage the services of consultants and advisors on the recommendation of the +Board. +Finances of the Agency +Funds of the Agency +18. The funds of the Agency include +(a) moneys approved by Parliament; +(b) grants and donations; +(c) internally generated funds; and +(d) any other moneys that are approved by the Minister responsible for Finance. +Accounts and audit +19. (1) The Board shall keep books of accounts and proper records in relation to them in +the form approved by the Auditor -General. +(2) The Board shall submit the accounts of the Agency to the Auditor -General for audit +within three months after the end of the financial year. +EMERGING TECHNOLOGIES BILL, 2025 +10 +(3) The Auditor -General shall, not later than three months after the receipt of the +accounts, audit the accounts and forward a copy of the audit report to the Minister. +Annual report and other reports +20. (1) The Board shall within one month after the receipt of the audit report, submit an +annual report to the Minister covering the activities and the operations of the Agency for +the year to which the report relates. +(2) The annual report shall include the report of the Auditor -General. +(3) The Minister shall, within one month after the receipt of the annual report, submit +the report to Parliament with a statement that the Minister considers necessary. +(4) The Board shall also submit to the Minister any other reports, which the Minister +may require in writing. +General Guiding Principles +Integrity of democratic processes and the rule of law +21. Emerging technology systems shall not be used to undermine the integrity, +independence and effectiveness of elections and governance, democratic institutions and +processes. +Discrimination and bias +22. Emerging technology systems, shall not be used to perpetuate algorithmic biases, +discriminations, and human biases, regardless of one’s background or characteristics. +Transparency and oversight +23. Emerging technology systems shall ensure adequate transparency and oversight +requirements tailored to the specific contexts and that risks are in place in respect of +activities within the lifecycle of emerging technology systems, including with regard to the +identification of content generated by emerging technology systems. +Personal data protection +24. Emerging technology systems that process personal data shall comply with the +obligations under the Data Protection Act. +Consumer protection +EMERGING TECHNOLOGIES BILL, 2025 +11 +25. Any person supplying a product or service involving emerging technology shall give +consumers clear and unambiguous warnings, labelling and opportunities to give or +withhold informed consent. +Accountability and responsibility +26. Emerging technology system should provide accountability and responsibility for +adverse impacts on human rights, democracy and the rule of law resulting from activities +within the lifecycle of emerging technology systems. +Reliability +27. Emerging technology systems should be robust and reliable, meaning they should +be able to handle unexpected inputs, errors, and malicious attacks, through rigorous testing, +monitoring, and safeguards to ensure the safety and security of emerging technology +systems. +Risk and impact management +28. Emerging technology systems must adopt or maintain measures for the +identification, assessment, prevention and mitigation of risks posed by emerging +technology systems by considering actual and potential impacts to human rights, +democracy and the rule of l aw. +Human oversights +29. Human intervention, interface or review shall be necessary for emerging technology +decisions that substantially affect the rights of persons, including decisions related to +health, law enforcement, employment and elections. +Misinformation and disinformation +30. Emerging technology systems shall not spread false information including emerging +technology -generated misinformation and disinformation. +Security +31. Emerging technology systems should provide robust security protection of its cyber +system. +Environmental safeguards +EMERGING TECHNOLOGIES BILL, 2025 +12 +32. Developers of emerging technology systems, particularly those requiring extensive +energy consumption and likelihood of increased carbon -dioxide emissions, leading to +massive introduction of electronic waste should ensure environmental safeguards. +Intellectual Property +33. Developers of emerging technology and emerging technology systems should be +entitled to intellectual property rights in accordance with the existing laws. +Right to Redress +34. Notwithstanding section 35(2), a person shall have a right of redress for breach of +any provision of this Act in Court. +Miscellaneous +Enforcement +35. (1) For the time being and until such time as the Minister may direct, the following +regulatory bodies shall monitor and enforce compliance in accordance with the general +guiding principles and subsection (2): +(a) the Electoral Commission of Ghana shall be responsible for section 20; +(b) the Commission on Human Rights and Administrative Justice shall be +responsible for section 21, and where appropriate, the Ministry in charge of +labour affairs or the National Labour Commission shall be responsible for +section 21; +(c) the National Information Technology Agency shall be responsible for section +22; +(d) the Data Protection Authority shall be responsible for section 23; +(e) the Ghana Standards Authority, Foods and Drugs Authority shall be +responsible for section 24, and depending on the sector, the applicable +regulatory body shall also be responsible for section 24; +(f) the Commission on Human Rights and Administrative Justice shall be +responsible for section 25; +(g) the National Information Technology Agency shall be responsible for section +26; +(h) the Cybersecurity Authority shall be responsible for section 27; +EMERGING TECHNOLOGIES BILL, 2025 +13 +(i) depending on the sector, the applicable ministry or regulatory body shall also +be responsible for section 28; +(j) the National Communications Authority, Ghana Standards Authority and +Foods and Drugs Authority and Data Protection Authority shall be +responsible for section 29, and depending on the sector, the applicable +regulatory body, shall also be responsible for sec tion 29; +(k) the Cybersecurity Authority shall be responsible for section 30; +(l) the Environmental Protection Agency shall be responsible for section 31; and +(m) the Registrar General’s Department, Ghana Patent Registry and the Copyright +Office shall be responsible for section 32. +(2) Without prejudice to other penalties under any other enactment or law, a person +who breaches any of the guiding principles under this Act shall be liable to an +administrative penalty of not less than one thousand penalty units and not more than five +thous and penalty units, depending on the severity of the infraction. +Regulations +36. The Minister may, by legislative instrument, make Regulations: +(a) on specific matters relating to enforcement and compliance of the general +guiding principles; +(b) on specific measures related to penalties for breach of the Act; +(c) to prescribe the procedure for collaboration with other public institutions; +(d) to prescribe matters related to administrative decision -making; +(e) on codes of practice; +(f) generally, on matters for the effective implementation of the Act. +Interpretation +37. In this Act, unless the context otherwise requires, +“algorithm” means a set of instructions designed to accomplish a task; +“artificial intelligence” means technology that enables computers and machines to simulate +human learning, comprehension, problem solving, decision -making, creativity and +autonomy; +“block -chain based technology” means an advanced decentralised digital record or digital +ledger of transactions, that enables recording of transactions, tracking of assets, and +sharing of records across computer networks in a transparent and immutable way; +“Court” means High Court of Ghana; +“cloud technology” means technology that delivers computing services and offers on - +demand access to computing resources such as physical or virtual services, data +EMERGING TECHNOLOGIES BILL, 2025 +14 +storage, servers, databases, networking, intelligence, analytics, and software over the +internet;” +“emerging technology” means novel or evolving systems, tools or methods that have +transformative impacts ndustry, society, economy, and governance, and include but +is not limited to: +(a) Artificial Intelligence +(b) Blockchain -based technology +(c) Internet of Things (IoT) +(d) Cloud technology +(e) Quantum computing +“emerging technology systems” means newly developed or evolving technological systems +of emerging technology that integrate automation, data processing, connectivity, and +intelligence. +“Internet of Things (IoT)” means a network of interrelated physical devices, vehicles, +appliances and other physical objects that connect and exchange data with other +devices and the cloud across wireless networks, and are typically embedded with +sensors, processing ability and software and can include mechanical and digital +machines and consumer objects;” +“Minister” means Minister responsible for Communication, Digital Technology and +Innovations; +“Ministry” means Ministry of Communication, Digital Technology and Innovations; +“quantum computing” means technology that solves complex problems based on +principles of quantum mechanics. \ No newline at end of file diff --git a/assets/example_bills/emerging-technologies-bill-2025/metadata.json b/assets/example_bills/emerging-technologies-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..293d37d0e939d958a42712344275c0513b6efcbd --- /dev/null +++ b/assets/example_bills/emerging-technologies-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:15:56.995846+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MoCDTI-EMERGING-TECHNOLOGIES-DRAFT-BILL-2025-2.pdf", + "document_hash": "bc89d4f6cbc7703c6e4c31d90426cf4f0f93758b356a01f53316ca22f78ad6f2", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/ghana-domain-name-registry-bill-2025/analysis.json b/assets/example_bills/ghana-domain-name-registry-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..145d7403d5cfbd6d324c7ff818e9f4c516e978fe --- /dev/null +++ b/assets/example_bills/ghana-domain-name-registry-bill-2025/analysis.json @@ -0,0 +1,83 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Ghana Domain Name Registry as a non-profit body corporate with perpetual succession.", + "Mandates the use of .gh domains for all entities operating in Ghana, with exemptions for foreign-hosted entities.", + "Creates a single central registry for .gh domains, prohibiting unauthorized domain management.", + "Licensing requirements for registrars, including penalties for unlicensed operation.", + "Imposes financial obligations on the Registry, including tax exemptions and funding from the Digital Economy and Innovation Development Fund.", + "Establishes a Domain Name Registry Fund to support digital inclusion, capacity building, and internet governance projects.", + "Provides for dispute resolution mechanisms, including a Dispute Resolution Committee and court-enforceable actions.", + "Imposes penalties for non-compliance, including fines, license revocation, and exclusion from public procurement." + ], + "implementation": [ + { + "stakeholder": "Entities operating in Ghana", + "obligation": "Register and maintain an active .gh domain for official websites and digital platforms within six months of the Act's enactment.", + "implementation_burden": "Costs of domain registration, website migration, and compliance with technical requirements.", + "risk_or_note": "Non-compliance risks fines, license revocation, and exclusion from public procurement." + }, + { + "stakeholder": "Registrars", + "obligation": "Obtain a license from the Registry, adhere to technical and operational standards, and comply with audit and reporting requirements.", + "implementation_burden": "Application fees, ongoing compliance with Registry directives, and potential suspension/revocation of licenses for misconduct.", + "risk_or_note": "High penalties for unlicensed operation or non-compliance with Registry rules." + }, + { + "stakeholder": "The Ghana Domain Name Registry", + "obligation": "Administer the .gh domain space, enforce mandatory registration, and manage the Domain Name Registry Fund.", + "implementation_burden": "Operational costs, governance of the Board, and enforcement of compliance through the Domain Compliance Unit.", + "risk_or_note": "Potential challenges in balancing public interest with private sector needs and ensuring technical infrastructure reliability." + }, + { + "stakeholder": "Public institutions (e.g., government agencies)", + "obligation": "Integrate domain names into the DNS Security Operations Centre and comply with audit requirements.", + "implementation_burden": "Technical integration costs and periodic audits at prescribed fees.", + "risk_or_note": "Non-compliance may result in public exposure of breaches or enforcement actions." + } + ], + "critique": [ + { + "issue": "Ambiguity in exemption criteria for foreign-hosted entities", + "why_it_matters": "Exemptions for entities not targeting Ghanaian users may be subject to interpretation, risking inconsistent enforcement.", + "recommendation": "Clarify criteria for exemptions in regulations to prevent disputes and ensure alignment with national digital sovereignty goals." + }, + { + "issue": "High penalties for non-compliance may disproportionately affect SMEs", + "why_it_matters": "Fines up to 10,000 penalty units per year could cripple small businesses unable to afford compliance costs.", + "recommendation": "Introduce phased compliance timelines or financial assistance programs for SMEs to ease transition to .gh domains." + }, + { + "issue": "Centralized control over domain management may stifle innovation", + "why_it_matters": "A single central registry could limit competition and reduce incentives for private sector investment in domain-related services.", + "recommendation": "Ensure the Registry's governance includes mechanisms for stakeholder input and periodic review of market dynamics." + }, + { + "issue": "Lack of safeguards against regulatory capture in the Board's composition", + "why_it_matters": "The Board includes members nominated by government agencies and private entities, raising risks of conflicts of interest.", + "recommendation": "Mandate independent oversight of the Board's decision-making processes and public disclosure of conflicts of interest." + } + ], + "swot": { + "strengths": [ + "Promotes national digital sovereignty by mandating .gh domain use for public-facing entities.", + "Establishes a centralized, secure domain management system with a DNS Security Operations Centre.", + "Provides funding mechanisms (e.g., Domain Name Registry Fund) to support digital inclusion and capacity building." + ], + "weaknesses": [ + "Mandatory domain registration may increase operational costs for SMEs and startups.", + "Potential for regulatory overreach in enforcing compliance and managing the domain space.", + "Dependence on government funding and policy directives may limit the Registry's independence." + ], + "opportunities": [ + "Enhanced digital infrastructure and cybersecurity through the DNS Security Operations Centre.", + "Increased local internet governance capacity via the Domain Name Registry Fund.", + "Potential for growth in local domain-related services (e.g., registrars, web hosting)." + ], + "threats": [ + "Risk of stifling innovation and competition due to centralized domain management.", + "High penalties for non-compliance could deter foreign investment or digital presence in Ghana.", + "Challenges in enforcing mandatory domain use for entities with hybrid or international operations." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/ghana-domain-name-registry-bill-2025/chunks.json b/assets/example_bills/ghana-domain-name-registry-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..154c5f37147fa4156a7e2ad8f2f5afc54ae469f4 --- /dev/null +++ b/assets/example_bills/ghana-domain-name-registry-bill-2025/chunks.json @@ -0,0 +1,26 @@ +[ + "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", + "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;", + "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;", + "(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", + "(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.", + "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.", + "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", + "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", + "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", + "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.", + "(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.", + "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,", + "(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", + "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,", + "(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", + "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:", + "(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", + "(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", + "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", + "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;", + "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;", + "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,", + "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;", + "\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." +] \ No newline at end of file diff --git a/assets/example_bills/ghana-domain-name-registry-bill-2025/document.txt b/assets/example_bills/ghana-domain-name-registry-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..d0313decf8bfaf29387e180e22181a12c3de8eb4 --- /dev/null +++ b/assets/example_bills/ghana-domain-name-registry-bill-2025/document.txt @@ -0,0 +1,604 @@ +GHANA DOMAIN NAME REGISTRY BILL +ARRANGEMENT OF SECTIONS +OBJECT AND SCOPE OF ACT +1. Application and objects +DOMAIN NAME REGISTRY +2. Establishment of the Domain Name Registry +3. Duties of the Registry +4. Functions of the Registry +GOVERNANCE OF THE REGISTRY +5. Governing body of the Registry +6. Tenure of office of Board members +7. Meetings of the Board +8. Disclosure of interest +9. Establishment of committees +10. Allowances +11. Policy Directives +12. The Executive Director +13. Functions of the Executive Director +14. Duties and liability of the B oard +15. Appointment of other staff +LICENSING OF REGISTRARS AND CREATION OF CENTRAL REGISTRY +16. Operation as a registrar +17. Application for a registrar licence +18. Creation of one central registry +19. Suspension and revocation of licences +SECURITY OPERATIONS CENTRE +20. Domain Name System Security Operations Centre +MANDATORY USE OF .GH DOMAIN +21. Mandatory Registration +22. Exemptions +23. Penalties for non -compliance +24. Monitoring and Inspection +25. Entities in breach +26. Court orders and judicial support +FINANCIAL PROVISIONS +27. Funds of the Re gistry +28. Expenses of the Registry +29. Borrowing powers of the Registry +30. Tax exemption +31. Accounts and audit +32. Internal Audit Unit +33. Annual report and other reports +DOMAIN NAME REGISTRY FUND +34. Establishment of the Domain Name Registry Fund +35. Object of the Fund +36. Sources of moneys for the Fund +37. Bank account for the Fund +38. Management of the Fund +39. Prioritisation of the Fund +40. Disbursement from the Fund +DISPUTE RESOLUTION +41. Resolution of disputes +42. Dispute Resolution Committee +43. Powers of the Dispute Resolution Committee +MISCELLANEOUS P ROVISIONS +44. General penalty +45. Regulations +46. Interpretation +47. Repeals and savings +A BILL ENTITLED +THE GHANA DOMAIN NAME REGISTRY ACT, 2025 +AN ACT to establish the Ghana Domain Name Registry and provide for related matters. +Object and Scope of the Act +Application and objects +1. (1) This Act applies to: +(a) the Ghana Domain Name Registry; +(b) registrars licensed by the Registry; and +(c) registrants of .gh domain names. +(2) The object of this Act is to: +(a) establish the Ghana Domain Name Registry; +(b) provide for the regulation of the .gh domain name space; +(c) establish the Domain Name Registry Fund; +(d) mandate the use of the .gh domain name for entities in the Republic; and +(e) provide for ancillary matters. +Domain Nam e Registry +Establishment of the Domain Name Registry +2. (1) There is established by this Act the Ghana Domain Name Registry. +(2) The Registry is a body corporate with perpetual succession and a common seal +and may sue and be sued in its corporate name. +(3) The Registry is a non -profit making entity. +Duties of the Registry +3. (1) The Registry shall enhance public awar eness on the economic and commercial +benefits of domain name registration. +(2) The Registry: +(a) may conduct investigations related to its functions that it considers +necessary; +(b) shall conduct research into and keep abreast with developments in the +country and else where on the domain name system; +(c) shall continually survey and evaluate the extent to which the .gh domain +name space meets the needs of the citizens; +(d) may issue information on the registration of domain names in the country; +(e) shall conduct biennial audits on all licensed registrars ; and +(f) shall uphold fundamental human rights in the performance of its functions. +(3) The Registry may, and shall when requested by the Minister, make +recommendations to the Minister in relation to policy concerned with the .gh domai n +name space. +(4) The Registry shall continually evaluate the effectiveness of this Act and action taken +towards the management of the .gh domain name space. +(5) The Registry may: +(a) liaise, consult and co -operate with any person or other Registry; and +(b) appoint experts and other consultants on conditions that the Registry may +determine. +Functions of the Registry +4. (1) The Registry is responsible for the .gh domain name space and shall: +(a) be the only domain name Registry and operate the only regist ry of .gh +domain names; +(b) administer and manage the .gh domain name space; +(c) comply with international best practice in the administration of the .gh +domain name space; +(d) update and maintain the central registry and perform any function +necessary to ensure the proper functioning of the .gh domain name space; +(e) implement Domain Name System Security Extensions for all .gh domain +names; +(f) license and regulate registrars; +(g) provide secure email hosting services with end -to-end encryption for +metropolitan, municipal and d istrict assemblies, government ministries, +agencies and departments, and security agencies; +(h) publish guidelines on: +(i) the general administration and management of the .gh domain +name space; +(ii) web standards for metropolitan, municipal and district assemblies, +government ministries, agencies and departments, and security +agencies; +(iii) the requirements and procedures for domain name registration; and +(iv) the maintenance of and public access to the repository, with due +regard to the policy directives which the Minister ma y give from time +to time; and +(i) audit metropolitan, municipal and district assemblies, government +ministries’, agencies’, and departments’, and security agencies’ web +applications at a prescribed fee. +(2) After the assumption of responsibility for the .gh domain space, a person shall not +do anything or operate the .gh domain name or any domain name associated with +the country except as provided under this Act. +(3) A person who contravenes subsection (2) commits an offence and is liable on +summary conviction to a fine of not more than one thousand penalty units or to a +term of imprisonment of not more than three years or to both. +Governance of the Registry +Governing Body of the Registry +5. (1) The governing body of the Registry is a Board consis ting of: +(a) the Executive Director of the Registry ; +(b) two persons nominated by the Minister, one of whom shall be nominated +from one of the agencies of the Ministry; +(c) one person nominated by the Minister responsible for the Interior from the +law enforcement agencies; +(d) one person nominated by the internet technical community; +(e) one person nominated by the public universities; +(f) one person nominated by the private universities; +(g) one legal expert with at least seven years’ experience in intellectual +property law and c yber law ; and +(h) one person nominated by licensed local registrars . +(2) The members of the Board shall be appointed by the President in accordance with +article 70 of the Constitution. +(3) The President shall appoint one of the members to be the chairperson. +(4) The Board shall ensure the proper and effective performance of the functions of +the Registry. +(5) Notwithstanding any other provision in this section, the composition of the +governing board shall include not less than three (3) women as members . +Tenure of office of Bo ard members +6. (1) A member of the Board shall hold office for a period not exceeding four years and +is eligible for reappointment, but a member shall not be appointed for more than two +terms in succession. +(2) Where a member of the Board, resi gns, dies, is removed from office or is for a +reasonable cause unable to act as a member, the Minister shall notify the President +of the vacancy and the President shall, acting on the advice of the nominating +authority and in consultation with the Council of State appoint another person to +hold office for the unexpired portion of the member's term of office. +(3) A member of the Board, who is absent from three consecutive meetings of the Board +without reasonable cause ceases to be a member of the Board. +(4) A member of the Board, may at any time resign from office in writing addressed to +the President through the Minister. +(5) The President may, by letter addressed to a member, revoke the appointment of +that member. +Meetings of the Board +7. (1) The Board shall meet at least once every three months for the despatch of business +at the times and in the places determined by the chairperson. +(2) The chairperson shall at the request in writing of not less than one -third of the +membership of the Board conv ene an extraordinary meeting of the Board at the +place and time determined by the chairperson. +(3) The quorum at a meeting of the Board shall be two thirds of members of the Board +or a greater number determined by the Board in respect of specific matters. +(4) The chairperson shall preside at meetings of the Board and in the absence of the +chairperson a member of the Board elected by the members present from among +their number shall preside. +(5) Matters before the Board shall be decided by a majority of the members pres ent +and voting and in the event of an equality of votes, the person presiding shall have +a casting vote. +(6) The Board may co -opt a person to attend a Board meeting, but that person shall +not vote on a matter for decision at the meeting. +(7) The proceedings of the Board shall not be invalidated because of a vacancy among +the members or a defect in the appointment or qualification of a member. +(8) Subject to this section, the Board may determine the procedure for its meetings. +Disclosure of interest +8. (1) A member of the Board who has an interest in a matter for consideration by the +Board shall disclose in writing the nature of that interest and is disqualified from +participating in the deliberations of the Board in respect of that matter. +(2) A member who c ontravenes subsection (1) ceases to be a member. +Establishment of committees +9. (1) The Board may appoint committees consisting of members of the Board or non - +members or both to perform a function. +(2) The membership of a committee appointed un der this section and the tenure of +office of its members shall be coterminous with the duration of their membership of +the Board. +(3) Non-members shall hold office for a period not exceeding four years and may be +eligible for re -appointment but shall not be ap pointed for more than two successive +terms. +(4) A committee of the Board may be chaired by a member of the Board. +(5) A committee of the Board composed of non -members only shall be advisory. +Allowances +10. Members of the Board and members of a committee of the Board s hall be paid +allowances approved by the Minister in consultation with the Minister responsible for +Finance. +Policy Directives +11. The Minister may, from time to time, publish policy directives relating to the regulation +and maintenance of the .gh domain name space. +The Executive Director +12. (1) The President shall, in accordance with article 195 of the Constitution, appoint an +Executive Director for the Registry. +(2) The Executive Director shall hold office on the terms and conditions specified in +the letter of appointment. +Functions of the Executive Director +13. (1) The Executive Director is responsible for the day -to-day administration of the affairs +of the Registry and is answerable to the Board in the performance of functions unde r +this Act. +(2) The Executive Director shall perform any other functions determined by the Board. +(3) The Executive Director may delegate a function to an officer of the Registry but +shall not be relieved from the ultimate responsibility for the performance of the +delegated function. +Duties and liabilit y of the Board +14. (1) The duties of directors contained in Part Q of Chapter two of the Companies Act, +2019 (Act 992) shall apply to members of the Board. +(2) A member of the Board is not personally liable for damage or injury to a third party +that arises in the execution of an official duty of that member, if the member at all +material times acted in good faith . +Appointment of other staff +15. (1) The Board shall in consultation with the Public Services Commissions appoint other +staff of the Registry that are necessary for the proper and effective performance of its +functions. +(2) Other public officers may be transferred or seconded to the Registry or may +otherwise give assistance to it. +(3) The Registry may engage the services of advisers and consultants on the +recommendations of the Board. +Licensing of Registrars and Creation of Central Registry +Operation as a registrar +16. (1) A person shall not act as a registrar unless licens ed to do so by the Registry. +(2) A person who contravenes subsection (1) commits an offence and is liable upon +summary conviction: +(a) in the case of a body corporate or other body of persons, to a fine of not +less than two thousand penalty units and not more than seven thousand +penalty units; +(b) in the case of a director of a body corporate or other body of persons, to a +fine of not less th an one thousand penalty units and not more than five +thousand penalty units; and +(c) in the case of an individual, to a fine of not less than one thousand penalty +units and not more than three thousand penalty units. +(3) A person who is convicted of an offence under subsection (2) shall immediately +cease operation as a registrar. +Application for a registrar licence +17. (1) An application to be licensed as a registrar shall be made in the prescribed manner +and subject to the prescribed fees. +(2) The Re gistry may, within sixty days following the receipt of a complete application, +grant or refuse the application. +(3) The Registry may, where it grants the licence, impose terms and conditions where +the Registry deems it appropriate. +(4) The Registry may refuse an a pplication where: +(a) the application is incomplete; +(b) the application contains false or misleading information; +(c) the application does not meet the technical requirements prescribed by the +Registry ; or +(d) the Registry is convinced upon reasonable grounds that the ap plicant is +incapable of performing the functions of a registrar. +(5) An applicant whose application is refused may resubmit the application if the +deficiencies which formed the basis of the refusal of the initial application have +been rectified. +(6) A licence gran ted under this Act shall be renewed as prescribed by the Registry. +(7) An application for renewal shall be made in the prescribed manner and subject to +the prescribed fees. +Creation of one central registry +18. (1) There shall be only one centra l registry of all .gh domain names registered in the +Republic . +(2) The Registry shall have the sole responsibility to keep and maintain the central +registry. +(3) No person shall maintain or update a repository, or administer a country domain +name other than the Registry. +(4) A person who contravenes subsection (3) commits an offence and is liable upon +summary conviction: +(a) in the case of a body corporate or other body of persons, to a fine of not +less than five thousand penalty units and not more than ten thousand +penalty units; +(b) in the case of a director of a body corporate or other body of persons, to a +fine of not less than one thousand penalty units and not more than three +thousand penalty units; and +(c) in the case of an individual, to a fine of not less than one thousand penalty +units and not more than five thousand penalty units. +(5) The Registry shall keep and maintain a register of registrars in which shall be +recorded of the registrar: +(a) the name; +(b) the registration number; +(c) the country of incorporation; +(d) the address ; and +(e) any other information that the Registry shall prescribe. +(6) The Registry shall publish details in the register of registrars on the Registry’s +website and any other media which the Registry deems fit. +Suspension and revocation of licences +19. (1) The Registry may revoke or suspend a licence issued under this section where the +registrar: +(a) engages in misconduct which harms consumers or the public interest; +(b) is held liable for abuse; +(c) fails to meet the ongoing requirements prescribed by the Minister; or +(d) contravenes any orders, guidelines or directives issued by the Registry or +the Minister. +(2) The Registry may prescribe additional grounds for the revocation or suspension +of a licence. +(3) Subsection (1) does no t limit the power of the Registry to take any other remedial +or penal action against a registrar. +Security Operations Centre +Domain Name System (DNS) Security Operations Centre +20. (1) The Registry shall establish and maintain a mandatory DN S Security Operations +Centre which shall monitor .gh domain resolutions, traffic, and logs using automated, +manual, or hybrid methods as appropriate, to detect threats and attacks. +(2) The DNS Security Operations Centre shall be responsible for initiating and +coordinating appropriate response actions, including but not limited to containment, +notification of affected parties, mitigation of threats, and post -incident analysis . +(3) All metropolitan, municipal and district assemblies’, government ministries’, +agencies’ and departments’, and security agencies’ domain names shall be +integrated into the DNS Security Operations Centre. +(4) The DNS Security Operations Centre shall publish quarterly and yearly reports on +the threats detected in the domain name system. +Mandatory use of .gh domain +Mandatory registration +21. (1) All entities legally registered or operating in the Republic shall be required to: +(a) register and maintain an active .gh domain name for any official website or +digital platform intended for public access; and +(b) use the .gh domain name for all official digital correspondence and +transactions conducted within or from the Republic. +(2) Entities currently not using .gh domains shall transition to a .gh domain within six +months of the coming into force of this Act to comply with subsection (1). +Exemptions +22. (1) Notwithstanding section 20(1), the Registry in consultation with the Minister may +grant an exemption to an entity if: +(a) its digital presence is hosted exclusively outside the Republic and does not +target Ghanaian users; and +(b) it operates as a multinational organisation subject to foreign digital +jurisdiction. +(2) Any exemption granted under subsection (1) shall be: +(a) upon application by the entity in the prescribed form; +(b) time-bound and renewable upon review; and +(c) published in the Gazette. +Penalties for Non -Compliance +23. (1) Any entity that fails to comply with this section shall be liable to: +(a) an admini strative penalty of no t less than one thousand penalty units and +not more ten thousand penalty units per year of non -compliance; +(b) suspension or revocation of business and regulatory licences for repeated +non-compliance in accordance with regulatory procedur e of the relevant +sector; and +(c) disqualification from participating in public procurement or tendering +processes for a period of up to two years. +(2) A director or officer of a corporate body who knowingly permits the body to +contravene this Act shall be persona lly liable to an administrative penalty of not +more than five thousand penalty units. +Monitoring and Inspection +24. (1) The Ministry, in collaboration with the Registry shall establish a Domain +Compliance Unit (DCU) to : +(a) audit and monitor dom ain name usage by entities ; and +(b) serve compliance notices for violations of this Act . +(2) The Domain Compliance unit shall be made up of officer s of the Registry and +persons appointed by the Minister . +Entities in breach +25. (1) The Registry shall maintain and publish on its website a list of: +(a) entities in breach of this Act; +(b) entities granted exemptions or temporary waivers; and +(c) enforcement actions undertaken and their outcomes. +(2) The names of offending entities may be published in national newspapers, +government gazettes, and regulatory bulletins as part of a compliance +transparency initiative taking into consideration fundamental human rights of +affected persons. +Court orders and judicial support +26. The Registry shall have the power to apply to the High Court of Ghana for an order to : +(a) seize, block, or deactivate any domain name registered in contravention of +this Act; +(b) take down or delete malicious domain names; +(c) compel internet service providers, web hosts, or any other relevant entity to +cease offering services to the offending domain; or +(d) authorise entry into premises to inspect digital systems under warrant, +where reasonable suspicion of concealment or fraud exists. +Financial Provisions +Funds of the Registry +27. The funds of the Registry include: +(a) moneys provided by Parliament; +(b) 2% of the Digital Economy and Innovation Development Fund ; +(c) donations , grants and gifts; +(d) fees accruing to the Registry under this Act ; and +(e) any other moneys that are approved by the Minister responsible for +Finance. +Expenses of the Registry +28. The expenses of the Registry shall be paid from moneys provided from the funds of +the Registry. +Borrowing powers of the Registry +29. Subject to article 181 of the Constitution, section 76 of the Public Financial +Management Act, 2016 ( Act 921) and any other relevant enactment, the registry may +obtain loans and any other credit facility on the guarantee of the Government from a +bank or any other financial institution approved by the Minister responsible for Finance. +Tax exemption +30. The Re gistry is exempted from the payment of any taxes. +Accounts and audit +31. (1) The Board shall keep books of account and proper records in relation to them in +the form approved by the Auditor -General. +(2) The Board shall submit the accounts of the Registry to the Auditor -General for audit +within three months after the end of the financial year. +(3) The Auditor -General shall, not later than three months after the receipt of the +accounts, audit the accounts and forward a copy of the audit report to the M inister. +(4) The financial year of the Registry is the same as the financial year of the +Government. +Internal Audit Unit +32. (1) The Registry shall have an Internal Audit Unit in accordance with section 83 of the +Public Financial Management Act , 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be +appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Registry. +(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), at intervals of three months: +(a) prepare and submit to the Board, a report on the internal audit carried out +during the period of three months immediately preceding the preparation of +the report; and +(b) recommendations in each report, with respect to matters which appear to +the Internal Auditor as necessary for the conduct of the affairs of the +Registry. +(5) The Internal Auditor shall, in accord ance with subsection (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared +under this section to the Executive Director and the chairperson of the Board. +Annual report and other reports +33. (1) The Board shall within one month after the receipt of the audit report, submit an +annual report to the Minister covering the activities and the operations of the Registry +for the year to which the report relates. +(2) The annual report sh all include the report of the Auditor -General. +(3) The Minister shall, within one month after the receipt of the annual report, submit +the report to Parliament with a statement that the Minister considers necessary. +(4) The Board shall also submit to the Minister any other reports which the Minister +may require in writing. +(5) The annual report shall be published on the Registry’s website and made available +to all stakeholders. +Domain Name Registry Fund +Establishment of the Domain Name Registry Fund +34. There shall be esta blished a fund to be known as the Domain Name Registry Fund. +Object of the Fund +35. The Fund shall be applied to achieve the following objectives: +(a) digital inclusion for small and medium enterprises; +(b) domain name system capacity building; +(c) provision of support for internet -related projects undertaken by the local +internet governance community; and +(d) any other objective as the Minister may prescribe. +Sources of moneys for the Fund +36. The sources of money for the Fund are: +(a) 5% of the fees charged by the Regi stry under this Act; +(b) moneys provided by Parliament to the Fund; +(c) moneys that accrue to the Fund from investments made by the Board; +(d) donations, grants and gifts; and +(e) any other moneys that may lawfully accrue to the Fund. +Bank account for the Fund +37. (1) Moneys of the Fund shall be paid into bank accounts opened by the Board for the +Fund . +(2) Donors shall pay their donations directly into the account of the Fund upon +verification by the Board . +Management of the Fund +38. (1) The Fund shall be managed by the Board of the Registry . +(2) Sections 31 and 3 3 of this Act shall apply to the Fund . +Prioritisation of the Fund +39. (1) Projects for which moneys f rom the Fund are disbursed shall satis fy the criteria laid +out in the order of priority . +(2) The order of priority for support by the Fund is as follows : +(a) projects aimed at improving digital inclusion for small and medium +enterprises; +(b) projects aimed at improving the capacity of the domain name system ; and +(c) other projects that the Minister may designate as priority projects . +Disbursement of the Fund +40. In consultation with the Minister, the Board shall determine procedures for +disbursement of the Fund and disburse the Fund accordingly. +Dispute Resolution +Resolution o f Disputes +41. (1) The Minister shall establish a dispute resolution process to resolve: +(a) disputes between or among registrars; +(b) disputes between registrars and registrants; +(c) disputes between the Registry and any registrar ; and +(d) disputes between the Registry and any registrant. +(2) No party to a dispute described under subsection (1) shall institute an action in +court unless the dispute resolution procedure established under this Act has been +exhausted. +(3) The Minister may by legislative instrume nt make regulations on the manner and +procedure for the resolution of disputes. +(4) The procedure shall be in line with the Uniform Domain Name Dispute Resolution +Policy and its Rules. +Dispute Resolution Committee +42. (1) The Board shall establi sh a Dispute Resolution Committee which shall consist of +five members with relevant experience in alternative dispute resolution, intellectual +property, and internet law, policy and governance. +(2) A three -member panel of the Committee shall expeditiously hear , inquire into and +investigate any matter which is brought before it. +(3) The Committee shall determine the periods that are reasonably necessary for the +fair and adequate presentation of the matter by the respective parties and the +Registry may require those matters to be presented within the periods. +(4) The Committee may require evidence or arguments to be presented in writing and +may decide the matters upon which it will hear oral evidence or written arguments. +(5) Each party to a matter is entitled to appear at the hearing and may be represented +by a lawyer or any other person. +(6) The Committee shall communicate its decision to the parties within thirty days of +receipt of the dispute provided that there are no exceptional circumstances +affecting the dispute. +(7) Appeals from a decision by the Dispute Resolution Committee may be submitted +to the High Court . +Powers of the Dispute Resolution Committee +43. The Dispute Resolution Committee may: +(a) issue summons to compel the attendance of witnesses under the hand of +the Executive Di rector of the Registry; +(b) examine witnesses on oath, affirmation or otherwise; +(c) compel the production of documents; +(d) cite a person for trial at the High Court for contempt; +(e) make a declaration setting out the rights and obligations of the parties to +the dispute; +(f) make provisional or interim orders or awards that relate to the matter or part +of it, or give directions in pursuance of the hearing; +(g) dismiss or refrain from hearing or determining a matter, in whole or in part, +if it appears that the matter, or p art of the matter, is trivial or vexatious or +that further proceedings are not necessary or desirable in the public +interest; +(h) in appropriate circumstances, order any party to pay the reasonable costs +and expenses of another party, including the expenses of witnesses and +fees of lawyers, in bringing the matter before the Committee; and +(i) generally, give directions and do what is necessary or expedient for the +hearing and determination of the matter. +Miscellaneous Provisions +General Penalty +44. A person who contrav enes or fails to comply with any provision of this Act commits an +offence and, where no penalty is expressly provided, shall upon summary conviction +be liable to a fine not less than two thousand penalty units and not more than ten +thousand penalty units. +Regulations +45. The Minister, in consultation with the Registry, may by legislative instrument make +Regulations to give effect to the provisions of this Act and shall in particular, make +Regulations in relation to: +(a) the requirements which registrars must meet i n order to be licensed, +including objective standards relating to operational accuracy, stability, +robustness, security, privacy and efficiency; +(b) the circumstances and manner in which registrations may be assigned, +registered, renewed, refused, transferred or revoked ; +(c) fees; +(d) provisions for the restoration of a domain name registration; +(e) the terms of the domain name registration agreement which registrars must +adopt and use in registering domain names, including issues in respect of +privacy, fundamental human r ights, consumer protection and dispute +resolution; +(f) processes and procedures to avoid unfair and anti -competitive practices, +including bias to, or preferential treatment of actual or prospective +registrants, registrars, protocols or products; +(g) ongoing compli ance requirements for registrars including sustainability +requirements and abuse reporting; +(h) requirements to ensure that each domain name contains an administrative +and technical contact; +(i) the dispute resolution process or procedure; +(j) conditions upon which ap peals may be submitted to the High Court; +(k) procedures for ensuring monitoring of compliance with and the +determination of breaches of this Act and the Regulations, including regular +.gh domain name space technical audits, and the imposition of sanctions, +warnings and other penalties in respect of the breach; and +(l) such other matters relating to the .gh domain name space as it may be +necessary to prescribe to achieve the objectives of this Act . +Interpretation +46. In this Act unless the context otherwise requires, +“abuse ” includes spamming, spoofing, phishing, cache poisoning, hijacking, DOS +attack, and DNS tunneling as may be determined by the Registry; +“Board ” means the governing body of the Registry; +“ccTLD ” means country code domain at the top level of the Intern et’s domain name +system assigned according to the two -letter codes in the International Standard ISO +3166 -1 (Codes for Representation of Names of Countries and their Subdivision); +“domain name ” means an alphanumeric designation that is registered or assign ed in +respect of an electronic address or other resource on the Internet; +“domain name system ” means a system to translate domain names into IP addresses +or other information; +“Domain Name System Security Extension” means an extension to the domain +name sy stem which uses cryptography to authenticate data retrieved from the domain +name system; +“.gh domain name space” means the .gh ccTLD assigned to the Republic according +to the two -letter codes in the International Standard ISO 3166; +“Government ” means any a uthority by which the executive authority of the Republic +is duly exercised; +“malicious domain name ” means a domain name which is registered under false +pretences to cause consumer harm; is being used to cause consumer harm or is being +used to conduct ille gal activity; +“Minister ” means the Minister responsible for Communications ; +“Ministry ” means the Ministry responsible for Communications; +“registrant ” means a person who has registered a domain name in accordance with +this Act; +“registrar ” means an entity licensed by the Registry to register domain names; +“Registry ” means the Ghana Domain Name Registry established under this Act; +“repository ” means the primary register of the information maintained by the Registry; +“Republic ” means the Republic of Ghana; and +“security agency ” means a body connected with national security . +Repeals and Savings +47. (1) Sections 63 to 81 of the Electronic Transactions Act, 2008 (Act 772) are hereby +repealed. +(2) Notwithstanding the repeal: +(a) any licence granted under the repealed sections and valid on the date of +the coming into force of this Act shall continue to be in force until it expires +or is renewed under this Act; and +(b) any regulations, guidelines or directives made under the repealed sections +are saved. \ No newline at end of file diff --git a/assets/example_bills/ghana-domain-name-registry-bill-2025/metadata.json b/assets/example_bills/ghana-domain-name-registry-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..50e78ab1acde9a04adce77edee26d4c31993fc0c --- /dev/null +++ b/assets/example_bills/ghana-domain-name-registry-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:16:41.377006+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Ghana-Domain-Name-Registry-Bill.pdf", + "document_hash": "47e841def7d120f60d714e041b60d568767a59e8fdad42a7539211d880d59faa", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/ghana-meteorological-authority-bill-2025/analysis.json b/assets/example_bills/ghana-meteorological-authority-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..4c964e68c88eab1c58c9c8e1132cdaa76b9c3944 --- /dev/null +++ b/assets/example_bills/ghana-meteorological-authority-bill-2025/analysis.json @@ -0,0 +1,76 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Ghana Meteorological Authority as a corporate body to regulate meteorological services and ensure international standards.", + "Mandates licensing for all meteorological data service providers, agents, and related businesses.", + "Creates a National Meteorological Fund sourced from taxes, fees, and international contributions for research, infrastructure, and public services.", + "Defines the Authority's governance structure, including a Board with members from government, academia, and industry.", + "Imposes penalties for unlicensed operations, fraud, or misuse of official seals, including fines and license revocation.", + "Requires the Authority to conduct audits, publish annual reports, and maintain transparency in financial and operational matters." + ], + "implementation": [ + { + "stakeholder": "Meteorological service providers", + "obligation": "Obtain and maintain a license from the Authority to operate legally.", + "implementation_burden": "Administrative costs for application, compliance with licensing conditions, and potential delays in approval.", + "risk_or_note": "Non-compliance risks fines, license suspension, or revocation, impacting business continuity." + }, + { + "stakeholder": "Public institutions (e.g., Ghana Civil Aviation Authority)", + "obligation": "Contribute specified percentages of fees (e.g., landing charges, airport taxes) to the National Meteorological Fund.", + "implementation_burden": "Administrative effort to calculate and remit contributions, potential disputes over allocation.", + "risk_or_note": "Non-compliance may result in legal action or penalties under the Act." + }, + { + "stakeholder": "Board members", + "obligation": "Adhere to disclosure rules, avoid conflicts of interest, and attend Board meetings.", + "implementation_burden": "Time commitment for meetings, potential liability for non-disclosure of conflicts.", + "risk_or_note": "Removal from the Board for violations, including failure to disclose interests." + }, + { + "stakeholder": "Consumers (e.g., farmers, transport operators)", + "obligation": "Access meteorological services through licensed providers.", + "implementation_burden": "Potential increase in service costs due to licensing fees passed on to users.", + "risk_or_note": "Reduced access to unregulated or informal services, which may be cheaper but less reliable." + } + ], + "critique": [ + { + "issue": "Overlapping regulatory responsibilities with existing agencies (e.g., Ghana Civil Aviation Authority).", + "why_it_matters": "May create administrative redundancies and confusion over jurisdiction for service providers.", + "recommendation": "Clarify delineation of roles between the Authority and other agencies in implementing regulations." + }, + { + "issue": "Licensing conditions not explicitly defined in the bill.", + "why_it_matters": "Ambiguity could lead to arbitrary enforcement or inconsistent standards for applicants.", + "recommendation": "Detail licensing criteria (e.g., technical qualifications, equipment standards) in subsidiary regulations." + }, + { + "issue": "Limited safeguards against regulatory capture by industry players on the Board.", + "why_it_matters": "Board members with industry ties may prioritize commercial interests over public service goals.", + "recommendation": "Mandate independent oversight of Board appointments and include public interest advocates on the Board." + } + ], + "swot": { + "strengths": [ + "Centralized governance ensures uniform standards for meteorological services.", + "Diverse Board composition (government, academia, industry) promotes balanced decision-making.", + "Multiple funding sources (taxes, fees, international contributions) reduce reliance on annual budgets." + ], + "weaknesses": [ + "Licensing requirements may stifle innovation by small startups without clear exemptions.", + "Complex funding mechanisms (e.g., 3% of construction contracts) could face compliance challenges.", + "No explicit provisions for dispute resolution beyond the Appeal Tribunal." + ], + "opportunities": [ + "Enhanced climate resilience through improved data sharing and research funding.", + "Potential for international collaboration via the World Meteorological Organization.", + "Growth of private-sector meteorological services under regulated frameworks." + ], + "threats": [ + "High compliance costs for SMEs may reduce market participation in meteorological services.", + "Risk of political interference in the Board's decision-making processes.", + "Dependence on volatile international funding sources for the National Meteorological Fund." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/ghana-meteorological-authority-bill-2025/chunks.json b/assets/example_bills/ghana-meteorological-authority-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..0dbd802e39f77a74ceb916ec773247cc7190568a --- /dev/null +++ b/assets/example_bills/ghana-meteorological-authority-bill-2025/chunks.json @@ -0,0 +1,29 @@ +[ + "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", + "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", + "(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", + "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;", + "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.", + "(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", + "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.", + "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", + "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.", + "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", + "(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", + "(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", + "(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.", + "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;", + "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 .", + "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", + "(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.", + "(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", + "(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", + "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", + "(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", + "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", + "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", + "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;", + "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;", + "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.", + "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." +] \ No newline at end of file diff --git a/assets/example_bills/ghana-meteorological-authority-bill-2025/document.txt b/assets/example_bills/ghana-meteorological-authority-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..87dd4f74fd601e2c537436688b8e21dba4c417e6 --- /dev/null +++ b/assets/example_bills/ghana-meteorological-authority-bill-2025/document.txt @@ -0,0 +1,623 @@ +1 +GHANA M ETEORO LOGICAL AUTHORITY BILL, 2025 +ARRANGEMENT OF SECTIONS +Section +Establish ment of the Meteor ological Authority +1. Establish ment of the Authority +2. Objec t of the Authority +3. Funct ions of the Authority +4. Governing body of the Authority +5. Funct ions of the Board +6. Tenure of office of members of the Board +7. Meetings of the Board +8. Disclosure of interest +9. Establishment of committees +10. Organisation and operation of the National Framework for Climate Services +11. Offices of the Authority +12. Allowances +13. Policy directives +Administr ative prov isions +14. Director -General of the Authority +15. Functions of the Director -General +16. Principal Officers of the Authority +17. Secretary to the Board +18. Appointment of other Staff +19. Funds of the Authority +20. Bank Account of the Authority +21. Administrative expenses of the Authority +22. Internal Audit Unit +23. Accounts and audit +24. Annual report and other reports +25. Borrowing powers +26. Tax exemption +National Meteorological Fund +27. Establishment of the National Meteorological Fund +28. Object s of the Fund +29. Application of monies for the Fund +30. Sources of money for the Fund +31. Bank account for the Fund +32. Payment s from the Fund +33. Management of the Fund +34. Investment of the Fund +Licensing and Related Matters +2 +35. Requirement for licence to operate +36. Application for a licence +37. Conditions for grant of a licence +38. Grant of licence +39. Non-transferability of licence +40. Renewal of licence +41. Suspension of licence +42. Revocation of licence +43. Restoration of licence +44. Appeals to the Tribunal +45. Confidentiality +46. Improper use official seal of the organi sation +47. Offence s +48. Offences by a body of persons +Miscellaneous Provisions +49. Power to enter land or premises +50. Execution of contract +51. Regula tions +52. Interpretation +53. Repeal and savings +54. Transitional Provisions +SCHEDULE +(Section 46) +3 +A +BILL +ENTITLED +GHANA M ETEORO LOGICAL AUTHORITY BILL, 2025 +AN ACT to provide for the establishment of a Meteorological Authority as a regulatory body to +license and regulat e the operations of meteorological data services providers ; to spearhead +meteorological research and training ; advice on all weather and climate issues and to ensure that all +meteorological services and practices meet the international standard s and for related matters. +PASSED by Parliament and assented to by the President +Establish ment of the Meteor ological Authority +Establish ment of the Authority +1. (1) There is es tablished by th is Act , the Ghana Meteorological Authority as a body +corporate . +(2) The Authority may for the performance of the functions of the Authority acquire +4 +and hold proper ty, dispose of property and enter into any cont ract or related transaction . +(3) Where th ere is an hindrance to the acqu isition of land, the land may be acquired +for the Authority under the Lands Act, 2020 (Act 1036 ) and the cost shall be borne by the Authority. +Objec t of the Authority +2. The ob ject of the Authority is to provide meteorological services in the count ry and ensure +the op eration and maintenance of international standa rds and practices in meteorology in the +count ry. +Funct ions of the Authority +3. To achieve the object under section 2, t he Authority sha ll +(a) advise Govern ment on meteorology gene rally; +(b) issue w eather forecasts for the s afe opera tion of ai rcraft, ocean -going vessel s, oil +rigs and other socio-econo mic activities; +(c) provide meteorological infor mation, advice and warn ings for the b enefit of +agriculture, civil and military aviati on, surface a nd marine tr ansport, operational +hydrology and manag ement of energy and water resources to mitigate the effec ts +of nat ural disasters such as floods, stor ms and d roughts on soci o-econo mic +develop ment and projects; +(d) promote the use of meteorology in agriculture, prevention of dr ought and +desertification act ivities; +(e) establish, organi se and manage surface and u pper air obs ervational sta tion networ ks; +(f) collect, process, and disseminate meteorological infor mation national ly and +internationally in a ccordance with the rules, practices a nd procedur es establis hed +under i nternational conven tions; +(g) ensure uniform standards of obs ervation of meteorologic al pheno mena in the +country; +(h) train, conduct and undertake research p articularly in the field of tropica l, +agricultural, hydro logical and other aspects of meteorology; +(i) store meteorolo gical data and infor mation f or the purpos es of planning and +implementation of infrast ructural projects; +(j) develop a nd prov ide telecom munication systems for meteorological purposes on ly; +(k) participate in local and in ternational tra ining and research in meteorology and +climatology and in o ther related fie lds in co-operation w ith other relevant +institutions and authorities conce rned with applied meteorological research; +(l) collaborate with relevant foreign and i nternational or ganisations for the purposes of +this Act; +(m) be the sole authority to app rove the establishment of meteorological stations for +meteorological observations and the approved stations share data with the Authority ; +(n) provide consultancy services in meteorology to the pu blic; +(o) calibrate, develop and fabric ate meteorologic al equipment for internal use and +expo rt; +(p) condu ct investi gations in to meteorological issues and advise the Minister +accordingly; +(q) ensure d ue compliance with conventions, pr otocols and any other relevant standards +and re commended pra ctices of the World Me teorological Organisat ion; and +5 +(r) perform such o ther functions as are incidental to the objec ts of the Authority or as +the Minister in consultation with the Bo ard may di rect. +Governing body of the Authority. +4. (1) The gove rning body of the Authority is a Board consisting of +(a) the Minister , as chairperson ; +(b) the Dir ector-General of the Authority; +(c) a repres entative each not below the rank of a Director nominated by the +respective Minister responsible for +(i) Communication, Digital Technology and Innovations ; +(ii) Transport; +(iii) Enviro nment and Science; +(d) a repres entative each from +(i) the Water Reso urces Com mission not below the rank of a +Director; +(ii) the Ghana Instit ution of Engineer ing; +(iii)a university in the coun try that offers Meteorology a nd Cli mate Scien ce +nominated by the Minister; +(iv) the air transport indus try; and +(e) two other perso ns one of whom is a wo man nominated by the President. +(2) The President shall, in accordance with article 70 of the Constitution, appoint the +members of the Board +(3) The President s hall in making appoin tments under paragraph (e) of subsection 1 , +have regard to the expertise and experience of the pers ons in matters rel ated to the functions of +the Authority. +Funct ions of the Board +5. The Board sh all +(a) ensure the implementation of the ob jects and functions of the Authority; +(b) ensure the implementation of rul es, reg ulations and p rocedures laid down by the +World Meteorological Org anisation in accordance with provi sions under this Ac t; +(c) manage the Nat ional Meteorological Fund; and +(d) formulate policies for the efficient and effective performance of the functions of the +Authority. +Tenure of office of members of the Board +6. (1) A member of the Board shall hold office for a period of three years and is +eligible for re -appointment for another term only. +(2) Subsection (1) does not apply to the Director - General or any other person who is a +member of the Board by virtue of office. +(3) A member of the Board other than the Director -General may, at any time by letter +addressed to the President through the Minister, resign from office. +6 +(4) A member of the Board , other than the Director -General who is absent from +three consecutive meeting of the Board without sufficient cause cease s to be a member of +the Board. +(5) A member may , at any time, resign from office in writing addressed to the President +through the Minister. +(6)Where a member of the Board is for sufficient reason, unable to act as a member of the +Board, the Minister shall determine whether the inability would result in the declaration of a +vacancy. +(7) Where there is a vacancy +(a) under subsection (3),(4), (5) or subsection (2) of section 8 , +(b) as a result of a declaration under subsection (6), or +(c)by reason of the death of a member, +the Minister shall notify the President of the vacancy and the President shall appoint a person +to fill the vacancy. +Meetings of the Board. +7. (1) The Bo ard shall meet at least once every three months for the conduct of business at a +time and p lace determined by the chairperson . +(2) The ch airperson s hall, at the req uest in writing of not less than on e-third of the +membership of the Board, convene a n extraordinary meeting of the Board at a time and +place determined by the Board . +(3) The quo rum at a meeting of the Board is seven members. +(4) The chairperson shall preside at meetings of the Board and in the absence of the +chairperson , a member of the Board elected by the members present from among their number +shall presid e. +(5) Matters before the Board shall be dec ided by a majority of members present and +voting and in the event of equality of votes, the p erson presiding sh all have a cast ing vote. +(6) The Bo ard may co-opt a p erson to attend a meeting of the Board but that person +shall not vote on a matter for decision at the meeting. +(7) The procee dings of the Boa rd sha ll not be invalidated because of a vacancy a mong +the members or by a defect in the appoint ment or qualification of a member of the Board . +(8) Subject to this section, the Board shall determine the procedure for its meetings +of the Board . +Disclosure of interest +8. (1) A member of the Board who has in interest in a matter for consideration +(a) shall disclose in writing the nature of the interest and the disclosure shall form part +of the record for the consideration of the matter; and +(b) is disqualified from being present at or participating in the deliberations of the +Board except in respect of that matter. +7 +(2) A member ceases to be a member of the Board if the member if that member has an interest +in the matter before the Board and +(a) fails to disclose that interest; o r +(b) is present at or participates in the deliberations of the Board in respect of that +matter. +(3) Without limiting any further cause of action that may be instituted against the member , +the Board shall recover any benefit derived by a member who contravenes subsection(1) in addition +to the revocation of the appointment of that member. +Establishment of committees +9. (1) The Board may establish a committee consisting of members of the Board and non- +members of the Board or both to perform a function of the Board. +(2) A committ ee composed of members and non -members of the Board shall be +chaired by a member of the Board . +(3) A Committee of the Board composed of non -members only is advisory. +(4) Section 8 applies to members of a committee of the Board. +Organi sation and operation of the National Framework for Climate Services +10. The Minister shall be responsible to +(a) organi se and operation alise of the National Framework for Climate Services ; +(b) oversee the establishment of the Inter-ministerial Committee for the operation of +the National Framework for Climate Services ; and +(c) establish the Scientific and Technical Committee for the operations of the +National Framework for Climate Services. +Office s of the Authority +11. (1) The Authority shall establish regional offices of the Authority in the regional +capitals. +(2) The Authority may establish other offices within a region as the Board may +determine. +(3) An office established by the Authority shall perform t he functions determined by the +Authority. +Allowances +12. Members of the Board and members of a committee shall be paid allowances +approved by the Minister in consultation with the Minister for Finance. +Policy directives +13. The Minister may give directives to the Board on matters of policy and the Board +shall comply +8 +Administrative provisions +Director -General of the Authority +14. (1) The President shall , in accordance with article 195, appoint a Director - General +for the Authority. +(2) The Director -General +(a) is the chief executive of the Authority ; and +(b) shall hold office on terms and conditions specified in the letter of appointment . +Functions of the Director -General +15. (1) The Director -General is +(a) responsible for the day to day administration of the Authority; +(b) responsible for the implementation of the decisions of the Authority; and +(c) answerable to the Board . +(2) The Director -General shall perform any other function assigned by the Board. +(3) The Director -General may delegate a function to an officer of the Authority but +is not relieved of the ultimate responsibility for the performance of the delegat ed function . +(4) The Director -General shall be the permanent representative of Ghana to the World +Meteorological Organization in accordance with the provisions of Regulation 6 of the World +Meteorological Organization, Basic Document No. 15. +Principal officers of the Authority +16. (1) The Director -General shall be assisted by two Deputy Director s-General and other +principal officers as the Board may determine. +(2) The President shall in accordance with the advice of the Board given in consultation +with the Public Services Commission appoint the two Deputy Director s-General and other +principal officers of the A uthority. +Secretary to the Board. +17. (1) The Board shall designate the head of legal services of the Authority as Secretary to +the Board. +(2) The Secretary shall +(a) be a legal practitioner of less than 10 years standing as a lawyer; +(b) subject to the directions of the Board, arrange the business of the meetings of +the Board; +(c) record and keep the minutes of the meetings and proceedings of the Board; and +(d) perform any other function as the Board and the Director -General may in +writing, direct . +Appointment of other Staff +18. (1) The President shall in accordance with article 195, appoint other officers and staff of +the Authority necessary for the effective and efficient performance of the functions of the +Authority. +9 +(2) The Board may on the recommendations of the Director -General engage the services of +experts and consultants as the Board may determine. +(3) The appointment of officers of the Authority shall be made by the President in +accordance with the advice of the Board given in consultation with the Public Services +Commission and upon such terms and conditions as the appointing authority shall determine. +Funds of the Authority +19. The Fund of the Authority include +(a) moneys approved by Parliament in the budget; +(b) administ rative penalties payable under this Act; +(c) loans, donations and grants; +(d) moneys accruing to the Authority from investments; +(e) any other internally generated fund; +Bank account of the Authority +20. Money for the Authority shall be paid into a bank account opened for the purpose with the +approval of the Controller and Accountant -General. +Administrative expenses of the Authority +21. The administrative expenses of the Authority shall be a charge on the Consolidated Fund . +Internal Audit Unit +22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of +the Public Financial Management Act, 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be +appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Authority. +(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the +Internal Audit A gency Act, 2003 (Act 658), at intervals of three months +(a) a prepare and submit to the Board, a report on the internal audit carried out +during the period of three months immediately preceding the preparation of +the report; and +(b) make recommendations in each report, with respect to matters which appear +to the Internal Auditor as necessary for the conduct of the affairs of the +Authority. +(5) The Internal Auditor shall, in accordance with subsection 4 of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this +section to the Director -General and the chairperson of the Board +Accounts and audit +23. (1) The Board shall keep books, records and returns of account and other documents +relevant to accounts in a form approved by the Auditor -General. +(2) The Board shall submit the accounts of the Authority to the Auditor -General within +three months after the end of the financial year. +10 +(3) The Auditor -General within six months after the end of the immediately preceding +financial year , audit the accounts of the Authority and forward a copy each of the audited report to +the Minister and the Board. +(4) The financial year of the Authority is the same as the financial year of the government. +Annual report and other reports. +24. (1) The Board shall within thirty days after receipt of the audit report, submit an +annual report to the Minister covering the activities and operations of the Authority for the year to +which the annual report relates. +(2)The annual report shall include the report of the Auditor -General . +(3) The Minister shall within two months after receipt of the annual report, submit +the report to Parliament with a statement that the Minister considers necessa ry. +(4) The Board shall submit to the Minister any other report which the Minister may +require in writing. +Borrowing powers +25. (1) Subject to article 181 of the Co nstitution and section 76 of the Public Financial +Management Act, 2016 (Act 921) and with prior consent in writing of the Minister responsible for +Finance, the Authority may borrow money from a body corporate, financial market or any other +person, +(2) For the purposes of securing the money borrowed, the Authority may mortgage, +charge or pledge a right, ti tle or an interest in any of the properties of the Authority. +Tax exemption +26. Subject to article 174 of the Constitution and the Exemptions Act 2022 , Act ( 1038) the +Authority is exempt from the payment of taxes that the Minister, may in writing, determine, with +the prior approval of Parliament. +National Meteorological Fund +Establis hment of the National Meteorological Fund +27. There is es tablished by th is Act the Nation al Meteorological Fun d. +Object s of the Fund +28. ……………………………………. +Application of moneys for the Fund +29. Mon eys of the Fund shall be applied for +(a) publici ty and promoti on of the activities of the Authority; +(b) research, studies and investigations relat ed to the functions of the Authority; +(c) human resource development; +(d) the development and maintenance of any property vested in or owned by the +Authority; and +(e) other purposes relevant to the obj ect of the Authority as the Board in consultation +with the Minister shall determine. +11 +Sources of money for the Fund +30. The sources of money for the Fund are +(a) monies approved by Parliament; +(b) fees and cha rges accruing to the Authority in the pe rformance of the functions of +the Authority ; +(c) ten percent of all Landing Charg es collected by the Ghana Civil Aviation +Authority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 20 24 +(Act 1120 ); +(d) ten percent of Over-flight Charg es collected by the Ghana Civil Aviation +Authority in acco rdance with se ction 71 of the Ghana Civil Aviation Act, 2024 +(Act 1120); +(e) five percent of Airport Tax c ollected by an aerodro me ope rator in ac cordance +with section 1 of the Ai rport Tax Act, 1963 (Act 209); +(f) one percent of the tax -exclusive cost of construction works contract in respect +of all government and non -government buildings, roads, dams, +telecommunication masts and other related projects in Ghana, for the provision of +meteorological information. +(g) two and half per cent of pre -tax contract value of construction works . +(h) three percent per barrel of crude oil produced by offshore and onshore +Companies . +(i) three percent of all registration and licenc ing fees collected by the Fisheries +Commission ; +(j) ten percent of gross revenue of freight of all international inbound and outbound +cargo from ships or shipping companies operating in Ghana collected and paid +over to the Ghana Maritime Administration Authority. +(k) three percent of all habour and river guide dues and rates collec ted by the +National Inland Waterways Authority . +(l) seven and half percent of all harbour and port charges/ dues and pilotage +dues/charges collected by the Ghana Ports and Harbour Authority. +(m) five percent of all premiums collected by the Ghana Agricultural Insurance Pool +from policy holders, for the provision of agro -meteorological services. +(n) five percent of the total premiums collected annually by agricultural insurance +providers and related entities as a cost recovery fee for the provision of agro - +meteorological data and information. +(o) fees and funds from meteorological training schools +(p) fees and funds from meteorological calibration laboratory +(q) interest from investments; +(r) loans; and +(s) grants, donations and gifts. +Bank account for the Fund +31. The moneys for the Fund shall be paid into a bank account opened by the Board for the +purpose with the approval of the Controller and Accountant - General. +12 +Payments from the Fund +32. All payments from the Fund shall be by cheque and signed by +(a) the Chairperson of the Board or in the absence of the Chairperson any member +of the Board designated to do so; and +(b) the Director -General. +Management of the F und +33. (1) The Fu nd sha ll be administered by the Bo ard. +(2) The Bo ard shall for the purpose of administration of the Fund +(a) formulate pol icies to gene rate money for the Fund; +(b) deter mine the allocation to be made towa rds the objects of the Fund; and +(c) determine annual targets of the Fund. +(3) Sections 23 and 24 apply to the Fund. +Invest ment of the Fund +34. The Board may inv est a part of the Fund as it consi ders approp riate in securities as +the Minister responsible for Finance . +Licensing and Related Matters +Requirement for licence to operate +35. A person shall not +(a) provide meteorological data services, +(b) provide services as a meteorological agent, +(c) engage in any business connected with the provision of meteorological services , or +(d) engage in meteorological transactions +unless that person has obtained a license to operate as a Meteorological Services Provider or A gent +from the Authority . +Application for a licence +36. (1) A person shall apply to the Authority for a licence as a Meteorological Service +Provider or Agent. +(2) An application for a licence shall +(a) be made to the Authority in the form determined by the Board ; +(b) in the case of a company, society, association or partnership be accompanied with +an attestation that officers of the company, society, association or partnership do +not have any criminal record; and +(c) where appropriate, be accompanied with the prescribed fee for the examination +of equipment. +Conditions for grant of a licence +37. (1) The Authority may issue a licence to a person if the person has met all the +requirements determined by the Authority. +(2) The Authority shall publish the requirements for application for the licence. +13 +Grant of licence +38. (1) The Authority shall, on receipt of an application, carry out background checks, including +investigation of criminal history and inspection of the facilities of the applicant, that the Authority +considers necessary. +(2) The Authority shall, within sixty days after the receipt of an application, if the Authority +determines that the applicant has satisfied the conditions of a licence, grant the app licant a licence. +(3) A licence issued under subsection (2) shall +(a) be in the form determined by the Authority; +(b) bear the name and address of the licensee; +(c) indicate the date of issue; +(d) be valid for one year from the date of issue and is renewable; and +(e) be subject to the terms and conditions determined by the Board; and bear the seal +of the Authority. +Non-transferability of licence +39. A licence issued under this Act is not transferable. +Renewal of licence +40. (1) A licence granted under section 38 may be renewed, if the application for renewal is +(a) made within thirty days before the licence expires ; +(b) signed and accompanied with a statutory declaration by the applicant; and +(c) in the form determined by the Authority; +(d) not in breach of any of the terms and conditions of the licence; +(e) accompanied with the valid tax clearance certificate; and +(f) accompanied with the prescribed fee for the renewal of the licence. +(2) An application for renewal shall satisfy the requirements for grant of a licence. +Suspension of licence +41. (1) The Authority may suspend the licence of a meteorological service provider or +agent or where the Authority determines that the meteorological agent has failed to perform the +function specified in the licence . +(2) The Authority shall suspend the licence, if the Authority +(a) gives at least ten days' notice to the service provider or agent whose licence the +Authority intends to suspend; +(b) states in the notice the grounds for the suspension; +(c) serves on the service provider or agent a copy of any complaint or charges which +the Authority proposes to consider; and +(d) gives the agent, the opportunity to be heard either in person or be represented by a +14 +lawyer, and examine and cross -examine witnesses and present documents and +other evidence in support of the case of that service provider or agent . +(3) The Authority shall suspend the licence of a meteorological service provider or Agent +who, after being given notice, fails to take the required remedial action within the specified time. +Revocation of licence +42. Subject to this Act , the Authority shall revoke the licence of an agent or servic e if the +Authority determines that +(a) the licence was obtained by fraud ; +(b) the agent is convicted by a court of competent jurisdiction for a serious offence; +(c) in the performance of a function authorised by the licence, the agent knowingly makes +a fraudulent misrepresentation ; or +(d) the equipment of the agent is found to be substandard during inspections. +Restoration of licences +43. The Authority shall restore a licence if the licensee complies with the directi ves issued by +the Authority. +Appeals to the Tribunal +44. (1) An Applicant who is aggrieved by a decision of the Authority in respect of a +suspension, revocation or refusal to grant a licence shall appeal to the Appeal tribunal . +(2) The decision of the tribunal shall be final and binding. +Confidentiality +45. (1) A member of the Board, the Dir ector-General, or any other of ficer or employee of the +Authority shal l +(a) subject to any existing law, treat as confidential any in formation obtai ned in the +exercise of p owers or the p erformance of duties under this Act; and +(b) not dis close any information except when required to do so by a court, under +any enac tment or other circ umstances d etermined by the Board. +(3) Any per son who contravenes to subsection ( 1) shall be sub ject to disci plinary action, +and in the case of a member of the Board be l iable to be removed from the Boa rd. +Improper use of the official seal of the organi sation +46. (1) A perso n shall not, without the authority of the Minister use +(a) the of ficial seal and e mblem of the World Meteorological Organisation as specified in +the schedule ; or +(b) the desi gnation "World Meteorological Or ganization" or an abb reviation of +that designation. +(3) A person who contravenes su bsection (1) comm its an offence and is liable on +summary convi ction to a fine not exceeding 200 penalty units and s hall forfeit to the Republ ic +the goods in co nnection with which the seal, emblem or de signat ion was used. +15 +Offence s +47. (1) A person shall not +(a) provide or secure meteorological data for use in or out of of Ghana, +without a license granted by the Authority; +(b) contravenes the regulations, rules, orders or directives issued under any of +the provisions of this Act; +(2) A person who contravenes subsection (1) commits an offence is liable +.................................................... +Offences by a body of persons +48. (1) Where an offence is committed by a body of persons +(a) in the c ase of a body corpo rate, every d irector or officer of that body corporate +shall be dee med to have com mitted that of fence; and +(b) in the case of a par tnership or a f irm, every partner of the partnership or firm +shall be dee med to have com mitted that of fence +(2) A person shall not be deemed to have committed an offence und er subsection (1) , if that +person proves that the act in respect of which that person is charged was committed by some +other person without the consent or connivance of that perso n and that the per son exe rcised all +due diligence to prevent the commission of t he offence hav ing re gard to all the circumstances. +Miscellaneous Provisions +Power to enter land or premises +49. (1) For the purpose of carrying out a function under this Act, an officer of the +Authority may, after giving notice to the owner or occupier of any land or premises, enter the +land or premises and do any act reasonably necessary for carrying out the function and in particular +may +(a) inspect and examine a land, building or equipment of meteorological stations; +(b) inspect and examine accounts, records and memoranda required to be kept by +meteorological stations; +(c) cut down and remove any tree, underwood or structure that may interfere with +surveys; and +(d) remove any installation which constitutes a hindrance to the deli very of +meteorological climate in consultation with the Environmental Protection +Authority. +(2) The Authority shall pay compensation for any damage caused as a result of action taken +under subsection (1), and the liability for and the amount of the compensation shall in case of +dispute be settled in the first instance by negotiation. +(3) The Authority may delegate a power under this section to the relevant District +Assembly. +Execution of contract +50. (1) The use of the seal of the Authority shall b e authenticated by the signatures of +(a) the Director -General; and +16 +(b) the chairperson of the Board or in the absence of the chairperson any other officer +of the Authority authorised by the Authority to authenticate the use of the seal. +(2) An instrument or contract which if executed or entered into by a person other than a +body corporate would not require to be under seal, may be executed or entered into on behalf of +the Authority by the Director -General or any member of the Authority if the p erson has previously +been authorised by a decision of the board to execute or enter into that particular agreement or +contract. +(3) Th is section is subject to section 12 of the Contracts Act, 1960 (Act 25). +Regula tions +51. (1) The Minist er may by legislative instrument make regulations to provide for +(a) guidelines for climatic requirement for sectoral activities; +(b) the establishment of meteorological stations; +(c) matters in respect of which fees are payable; +(d) aerona utical services; +(e) uniform standards in the ob servation of meteorological pheno mena; and +(f) provide for the requirement for the grant of a licence. +Interpr etation. +52. In this A ct unless the c ontext otherwise requires; +“Authority ” means the G hana M eteorological Authority es tablished under section +1 of this Ac t; +“Aeronautical service” includes infor mation, di rection and other facilities furnished, +issued or prov ided in connection with meteorological for ecasts or dat a; +“agro-meteorology” means the application of meteorological information and +data in the monitoring and manag ement of agr icultural activities; +“Board ” means the gov erning body of the Authority established under section 4 +of this Act; +“Conventio ns” means the WMO Convention, the Convention of the In ternational +Civil Aviat ion O rganisation, Framework Convention on Cli matic Change and +Convent ion to Combat Des ertification and Drough t; +“meteorology” means the study de aling with pheno mena of the a +atmosphe re; +“meteorological services ” means +“meteorological services providers ” means ………………………………… +“Minister ” means the M inister re sponsible for Communications; +“operational hydro logy” means the prac tical ap plication of meteorology in relation +to wat er and flood manage ment; +“premises” includes any building or land, sh ip, aircraft, caravan but does not +17 +include a bui lding or place used exclusively as a dwelling place; +“sectoral activitie s” includes activ ities related to agriculture, marine, c ivil +aviation, cons truction and bui lding works, env ironment, wa ter resou rces +and n atural disaster; +“upper air ” refers to any level above ten meters from the surface of the earth; +“weather” means the state of the a tmosphe re wh ich cons ists of the short-term on the +scale of minutes to days varia tion of the at mosphe re. +Repeal and savings +53. (1) The Ghana Meteorological Agency Act, 2004 (Act 682) is hereby re pealed. +(2) Notwithstanding the repeal under subse ction (1) any contracts, orders or deci sions or +anyth ing made or done by a body which until t he coming into force of this Act, was charged with +the performance of any of the functions un der this A ct shall, be valid and con tinue in force as if +it was made or done under th is Act. +Transitional provisions +54. (1) The rights, assets, and liabilities that have accrued in respect of the properties +vested in Ghana Me teorological Agency in existence immediately before the coming into force +of this Act shall be transferred to the Ghana Meteorological Authority established under this Act. +(2) A person in the employment of the Ghana Meteorological Agency immediately before +the coming into force of this Act, shall on the coming into force of this Act, be deemed to have +been duly employed by the Ghana Meteorological Authority established under this Act on the +terms and conditions which are not less favourable in aggregate to the terms and conditio ns +attached to the post held by th e person before the coming into force of this Act. +(3) A contract subsisting between the Ghana Meteorological Agency and another person +and in effect immediately before the coming into force of th is Act shall subs ist between the Ghana +Meteorological Authority and that other person subject to modifications that are necessary to +ensure compliance with this Act. +(4) A person whose license ceases to be valid under the Ghana Meteorological Agency may +apply to t he Ghana Meteorological Authority under this Act. \ No newline at end of file diff --git a/assets/example_bills/ghana-meteorological-authority-bill-2025/metadata.json b/assets/example_bills/ghana-meteorological-authority-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..617404fbdd29a635a8c74f80328ecddb1e2292ef --- /dev/null +++ b/assets/example_bills/ghana-meteorological-authority-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:17:25.284071+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/GHANA-METEOROLOGICAL-AUTHORITY-BILL.pdf", + "document_hash": "9831d5cd4ffeb1ed54935b4879fe0c406f0b1410f0043a5acffa28201c742b23", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/analysis.json b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..488c9dbbce35a1d3105069866a7841fc5b3f7f79 --- /dev/null +++ b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/analysis.json @@ -0,0 +1,66 @@ +{ + "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.", + "bill_summary": [ + "Establishes the Kofi Annan Centre of Excellence in ICT as a corporate body with powers to own property, enter contracts, and conduct research/innovation.", + "Mandates the Centre to act as the national body for ICT training coordination, public funding intermediation, and no-objection certification for research projects.", + "Creates a Governing Board with members appointed by the President, including academic, industry, and government representatives, with fiduciary duties and term limits.", + "Requires public institutions to consult the Centre before procuring ICT training or applying for public funding, with penalties for non-compliance.", + "Provides financial autonomy for the Centre, including borrowing powers, internal audit requirements, and budgetary processes.", + "Includes transitional provisions for existing entities and defines key terms like 'ICT,' 'public funding,' and 'public institutions.'" + ], + "implementation": [ + { + "stakeholder": "Public institutions", + "obligation": "Consult the Centre before procuring ICT training or applying for public funding.", + "implementation_burden": "Potential delays in training procurement or funding applications if the Centre is slow to respond.", + "risk_or_note": "Non-compliance risks administrative sanctions, including fines or disqualification from funding." + }, + { + "stakeholder": "Centre staff and Board members", + "obligation": "Adhere to fiduciary duties, disclosure requirements, and governance procedures.", + "implementation_burden": "Increased administrative and compliance workload for Board members and staff.", + "risk_or_note": "Personal liability for breaches of duty, including fines for negligence or conflicts of interest." + }, + { + "stakeholder": "International donors/funding partners", + "obligation": "Enter agreements with the Centre to administer public funding.", + "implementation_burden": "Potential complexity in aligning funding terms with Centre's administrative processes.", + "risk_or_note": "Risk of project delays if the Centre's review or monitoring processes are inefficient." + } + ], + "critique": [ + { + "issue": "Mandatory consultation for ICT training may create bottlenecks.", + "why_it_matters": "Public institutions could face delays in training programs if the Centre lacks capacity or responsiveness.", + "recommendation": "The Centre should prioritize capacity-building to avoid becoming a bottleneck, with clear timelines for consultation responses." + }, + { + "issue": "No-objection process may stifle innovation through overly rigid alignment with national goals.", + "why_it_matters": "Public institutions might avoid novel research projects if they fear non-alignment with Centre-determined priorities.", + "recommendation": "The Centre should provide flexibility in interpreting 'national development goals' to encourage diverse innovation." + }, + { + "issue": "Concentration of discretionary power in the Centre's no-objection and funding decisions.", + "why_it_matters": "Lack of independent oversight could lead to favoritism or misalignment with sector needs.", + "recommendation": "Establish an independent oversight body or parliamentary review mechanism for contentious no-objection decisions." + } + ], + "swot": { + "strengths": [ + "Centralized coordination of ICT research and training could reduce duplication and improve national coherence.", + "Mandatory consultation may standardize training quality and ensure alignment with national digital goals." + ], + "weaknesses": [ + "Over-reliance on the Centre for funding and training could create a single point of failure if it lacks capacity.", + "Potential for bureaucratic delays in the no-objection process to hinder timely project implementation." + ], + "opportunities": [ + "Partnerships with international donors could accelerate ICT innovation and infrastructure development.", + "The Centre's role in digital inclusion may improve access to technology for underserved regions." + ], + "threats": [ + "Compliance burdens on public institutions may divert resources from core functions.", + "Risk of political influence over the Centre's governance and funding decisions." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/chunks.json b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..6a175de9cabdbbcecdf1cd190ef7c12d4455fb62 --- /dev/null +++ b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/chunks.json @@ -0,0 +1,22 @@ +[ + "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.", + "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", + "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", + "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;", + "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;", + "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", + "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.", + "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;", + "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", + "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", + "(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:", + "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", + "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;", + "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", + "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", + "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", + "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 -", + "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.", + "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", + "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." +] \ No newline at end of file diff --git a/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/document.txt b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..9db901d9f0a9706ea05cb5d8955e7859827de676 --- /dev/null +++ b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/document.txt @@ -0,0 +1,472 @@ +KOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL +ARRANGEMENT OF SECTIONS +ESTABLISHMENT OF THE CENTRE +1. Establishment of the Kofi-Annan Centre of Excellence in ICT +2. Object of the Centre +3. Functions of the Centre +POWERS OF THE CENTRE +4. National ICT Research and Development Mandate +5. Mandatory Consultation for ICT Training +6. Intermediary Role +7. No objection by the Centre +8. Review +GOVERNANCE OF THE CENTRE +9. Governing body of the Centre +10. Functions of the Board +11. Duties and Liabilities of members of the Board +12. Establishment of centres, units, projects and limited liability entities +13. Meetings of the Board +14. Tenure of office of members of the Board +15. Disclosure of Interest +16. Committees of the Board +17. Allowances for members of the Board and Committees +18. Policy Direc tives +ADMINISTRATION OF THE CENTRE +19. Director -General of the Centre +20. Secretary of the Board +21. Appointment of other staff +22. Directorates of the Centre +FINANCIAL PROVISIONS +23. Internal Audit Unit +24. Funds of the Centre +25. Budget Estimates +26. Bank account of the Centre +27. Borrowing powers of the Centre +28. Expenses of the Centre +29. Accounts and audit +30. Annual report and other reports +MISCELLANEOUS PROVISIONS +31. Regulations +2 32. Transitional provisions +33. Interpretation +3 A BILL EN TITLED +KOFI ANNAN CENTRE OF EXCELLENCE IN ICT BILL, 2025 +An Act to establish the Kofi Annan Centre of Excellence in ICT as a centre of Excellence in +Information and Communication Technology dedicated to advancing research, innovation, +and capacity building, as well as providing consultancy and advisory services in ICT, Emerging +Digital Technologies, and related areas. +PASSED by Parliament on… ................ and assented to by the President. +Establishment of the Kofi Annan Research and Development Centre +1. (1) There is established by this Act the Kofi Annan Centre of Excellence in ICT . +(2) The Centre shall be a body corporate with perpetual succession and a common seal, +may sue and be sued in its corporate name. +(3) The Centre shall for the performance of its functions have the right to acquire and +hold movable and immovable property a nd enter into a contract or any other +transaction. +(4) Where there is a hindrance to the acquisition of property, the property may be +acquired for the Centre under the Land Act, 2020 (Act 1036) and the cost shall be +borne by the Centre. +2. Object of the Centre +The object of the Centre is to serve as the Centre of Excellence dedicated to advancing +research, development, innovation, and capacity building, as well as providing consultancy +and advisory services in emerging digital technologies and related fields in ICT. +Functions of the Centre +3. 1) To achieve the object, the Centre shall: +a) undertake research, development, training and consultancy in ICT; +b) grant no objections to public institutions seeking to apply for public funding in ICT +research, subject to fulfilment of application requirements; +c) collaborate with international organisations on matters of research and development +in ICT and emerging digital technologies; +d) provide education and training in ICT to public institutions; +e) provide consultancy and advi sory services in ICT to support public and private sector +initiatives; +f) represent Ghana in regional and global forums and foster cross border digital co - +operation in ICT; +g) promote digital inclusion and equitable access to infrastructure and services across +Ghana through research, advocacy, training, capacity development, coaching and +4 mentorship in ICT; +h) develop and promote standards, best practices and frameworks in software and +hardware development in ICT; +i) monitor and evaluate the impact of ICT projects and grant funded initiatives to ensure +alignment with national goals in ICT; and +j) perform any other functions ancillary to the objects of the Centre . +Powers of the Centre +National ICT Research and Development Mandate +4. (1) The Centre is hereby designated as the National Centre for Research and +Development in ICT, in Ghana. +(2) The Centre shall; +a) serve as the primary institution for coordinating research and development +initiativ es in ICT in the public sector ; +b) be the national institution for attracting and managing public funding and technical +support in ICT research and development from bilateral and multilateral partners, +philanthropic foundations, and other international bodies; and +c) provide support to public and private sec tors engaged in digital innovation and +research. +Mandatory Consultation for ICT Training +5. (1) The Centre shall serve as the primary national body for the provision, coordination, and +standardization of ICT training for public sector institutions in Ghana. +(2) All ministries, departments, agencies, metropolitan, municipal and district assemblies, +statutory bodies, public corporations, and other state institutions intending to undertake +ICT training for their personnel shall first consult the Centre regarding t he availability +and capacity to provide the required training. +(3) Where the Centre confirms that it has the capacity to deliver the requested training, +the institution shall procure such training from the Centre . +(4) Where the Centre determines that it does not have the capacity to provide the training +in whole or in part, the institution may procure such training from an alternative provider, +subject to any guidance or standards issued by the Centre . +(5) Any institution, referred to unde r section 5(2) that procures ICT training without prior +consultation with the Centre , or contrary to the Centre ’s determination under this +section, shall be deemed non -compliant and may be subject to administrative +sanctions as may be prescribed by regulat ions. +5 Intermediary Role +6. (1) The Centre shall serve as the national intermediary for public institutions in Ghana, +responsible for receiving, assessing, coordinating, and disbursing public funding, grants, +technical assistance, or other forms of support from international and philanthropic +organizations intended to promote research, innovation, or development in ICT. +(2) Without limiting subsection (1), the Centre shall; +a) establish a framework for the submission and evaluation of public funding +proposals by public institutions; +b) assess the technica l, operational and financial feasibility of proposed projects of +public institutions; +c) act as an intermediary or fund administrator for funding to public institutions, where +authorized by the funding partner; and +d) monitor and report on the implementation and impact of projects financed through +public funding. +(3) A funding agency , development partner or international donor may enter into an +agreement with the Centre for the purposes of administering, disbursing or managing +public funding in accordance with this s ection. +No Objection by the Centre +7. (1) A public institution who seeks to apply for, receive, administer or benefit from public +funding from any local or international source for research or development project in ICT, +shall, prior to applying for such funding, obtain a no objection from the Centre . +(2) The application shall be in writing and shall be accompanied by; +a) such documents as shall be prescribed by regulations made pursuant to this Act; +and +b) prescribed fees. +(3) The Centre shall keep a repository of public institutions and research and +development projects certified under section 7 of this Act. +(4) The Centre shall issue a no objection where it is satisfied that; +a) the proposed research and development project is legitimate and a ligned with the +national development goals in ICT; +b) the public institution possesses the requisite capacity to execute the proposed +research and development project; and +c) the implementation and governance framework of the proposed research and +development project meets the standards prescribed by the Centre . +(5) A no objection granted under this section; +a) shall be valid only for the specific the proposed research and development project +for which it is issued; +b) shall not be transferrable; +c) shall not constitute a general endorsement of the public institution’s other +activities; and +d) may be subject to such conditions as the Centre may prescribe. +6 (6) A public institution who; +a) applies for, receives, or administers ICT -related public funding in contravention +of section 7 of this Act; or +b) knowingly misrepresents or omits material information in an application for no +objection commits an offence and is liable on summary conviction to a fine of not +less than one thousand penalty units and not more than five thousand penalty +units. +(7) In addition to any penalty imposed under subsection (6) the Centre may disqualify +the public institution from applying for a no objection or public funding f or a period not +exceeding three (3) years. +(8) The Centre shall, within thirty (30) days of receipt of an application for no objection +inform the public institution in writing of the decision of the Centre . +Review of a no objection decision of the Centre +8. (1) A public institution whose no objection application has been denied by the Centre +may, within thirty 30 days of receipt of the decision, submit a complaint in writing to the +Director -General for a review of the decision. The Director -General shall within t hirty +(30) days of receipt of the complaint, review the complaint and inform the complainant +of the outcome of the review . +(2) A public institution dissatisfied with the decision of the Director -General under +subsection (1) may, within 28 days after the da te of receipt of the decision, submit a +complaint in writing to the Minister for a review of the decision of the Director -General. +The Minister shall within 60 days of receipt of the complaint, review the complaint and +inform the complainant of a decision. +Governance of the Centre +Governing Body of the Centre +9. (1) The governing body of the Centre shall be a Governing Board consisting of; +a) The Chairperson; +b) The Director -General of the Centre ; +c) One representative from the Technical, Vocational Education and Training (TVET) +Service, not below the rank of a Director; +d) One representative from the Ministry not below the rank of a Director; +e) Two persons in academia appointed by the Ghana Tertiary Education Commission , +with expertise in ICT, not below the rank of Senior Lecturer; +f) Two persons with expertise in ICT, nominated by their professional bodies ; and +g) Two persons appointed by the President. +(2) Members of the Board shall be appointed by the President in accordance with Article +70 of the Constitution. +(3) Notwithstanding any other provision in this section, the composition of the governing +board shall include not less than three (3) women as memb ers. +7 Functions of the Board +10. (1) The Board shall be responsible for the performance of the functions of the Centre , the +drafting and implementing of operational policies, general supervision of the management +and affairs of the Centre ; and such other functions conferred upon it by this Act. +(2) For the purposes of subsection ( 1); +a) establish appropriate structures for the effective and efficient execution of the +object of the Centre ; +b) secure the achievement of the object of the Centre ; +c) take reasonable and timely action on the reports submitted to it by the Director - +General; +d) advise the Minister on the drafting of legislative instruments , regulations and +policies for the effective implementation of this Act; and +e) perform any other functions incidental to the achievement of the aims of the Centre . +Duties and Liabilities of members of the Board +11. (1) A member of the Board shall have the same fiduciary relationship with the Centre +and the duty to act in good faith as a director of a company incorporated under the +Companies Act, 2019 (Act 992). +(2) Without limiting subsection (1), a member of the Board has a duty; +a) to act honestly in the performance of the functions of that member; +b) to exercise the degree of care and diligence in the performance of the functions of +that member, that a reasonable person in that position would reasonably be +expected to exercise in the circumstances; +c) not to use information acquired by virtue of the position of that member as a +member of the Board without authorization; and +d) not to use the position of the member to gain directly or indirectly, a benefit for that +member or for any other person; and +e) not to knowingly or negligently cause loss to the Centre . +(3) A member of the Board who contravenes subsection (1) or (2) commits an offence +and is liable on summary conviction to a fine of not less than two thousand penalty +units and not more than six thousand penalty units. +Establishment of centres, units, projects and limited liability entities +12. (1) The Board shall have the power to establish centres, units, projects and limited liability +entities with appropriate structures for the effective and efficient execution of the object +of the Centre . +(2) Without limiting subsection (1), the following centres established prior to the +commencement of this Act shall continue to operate under this Act as centres of the +Centre ; +a) Open Technologies Research and Development Centre , Bolgatanga ; +b) Smart Technologies & AI Research Centre, Sunyani; and +8 +c) GI-KACE Consult Ltd. +Meetings of the Board +13. (1) The Board shall meet at least once every three months for the dispatch of business at +a time and venue determined by the chairperson. +(2) The chairperson shall at the request in writing of not less than one third of the +membership of the Board convene an extra -ordinary meeting of the Board at a place +and time determined by the chairperson. +(3) The quorum at a meeting of the Board is two thirds of members of the Board or a +greater number determined by the Board in respect of an important matter. +(4) The chairperson shall preside at the meetings of the Board and in the absence of the +chairperson, a member of the Board elected by the members present f rom among +their number shall preside. +(5) Matters before the Board shall be decided by a majority of the members present and +voting, and in the event of an equality of votes, the person presiding shall have a +casting vote. +(6) The Board may co -opt a person to attend a Board meeting but that person shall not +vote on a matter for decision at the meeting. +(7) The proceedings of the Board shall not be invalidated due to a vacancy among the +members or a defect in the appointment or qualification of a member. +(8) The Board shall, subject to this section, determine the procedure for its meetings. +Tenure of office of members of the Board +14. (1) A member of the Board shall hold office for a period not exceeding four years and is +eligible for re - appointment, but a member shall not be appointed for more than two terms. +(2) Subsection (1) does not apply to the Director -General of the Centre . +(3) A member of the Board may at any time resign from office in writing addressed to +the President through the Minister. +(4) A member of the Board, other than the Director -General of the Centre , who is +absent from three consecutive meetings of the Board without sufficient cause shall +cease to be a member of the Board. +(5) The President may by letter addressed to a member revoke the appointment of that +member. +(6) Where a member of the Board is, for a sufficient cause, unable to act as a member, +the Minister shall determine whether the inability would result in the declaration of a +vacancy. +(7) Where there is a vacancy; under subsection (3), or subsection (4), or as a result of a +declaration under subsection (6), or by reason of the death of a member, the Minister +shall notify the President of the vacancy and the President shall appoint a person to +fill the vacancy. +9 +Disclosure of Interest +15. (1) A member of the Board who has an interest in a matter for consideration by the Board +shall: +a) disclose, in writing, the nature of the interest to the Board prior to or at the meeting +at which the matter is to be considered; and the disclosure shall form part of the +record for the consideration of the matter; and +b) not be present at nor participate in the deliberations of the Board in respect of that +matter. +(2) A member ceases to be a member of the Board, if that member has an interest in a +matter before the Board but; +a) fails to disclose that interest, and +b) is present and participates in the deliberations of the matter. +Committees of the Board +16. (1) The Board may establish committees consisting of members of the Board or non - +members of the Board or both and may assign to these committees such functions as +the Board may determine. +(2) The tenure of office of a member of a committee shall be coterminous with that +member’s term of office on the Board. +(3) A committee composed of members and non -members of the Board shall be chaired +by a member of the Board. +(4) The provisions of Section 16 on Disclosure of Interest shall apply to members of a +committee of the Board. +Allowances for members of the Board and Committees +17. Board members and members of committees of the Board shall be paid such allowances +as are approved by the Minister in consultation with the Minister responsible for Finance. +Policy Directives +18. The Minister may give policy directives to the Board in writing, consistent with the +provisions of this Act and the Board shall comply. +Administration of the Centre +Director - General of the Centre +19. (1) The Director -General shall be appointed by the President in accordance with +Article 195 of the Constitution. +10 (2) The Director -General shall be responsible for the day-to-day administration of the +Centre and shall be accountable to the Board in the performance of his/her functions +under this Act. +(3) The Director -General shall, subject to the general directives of the Board, be +responsible for the effective management and administration of the Centre . +(4) The Director -General shall hold office on the terms and conditions specified in +his/her letter of appointment. +(5) The Director -General may in writing, delegate a function to an officer of the Centre , +except that, such delegation shall not relieve the Director -General of the ultimate +responsibility for the performance of the delegated function. +(6) The Director -General shall be a person of high moral character and integrity with +the relevant qualifications and experience related to the functions of the Centre . +Secretary to the Board +20. (1) The Board shall designate an officer of the Centre not below the rank of a Deputy +Director as Secretary to the Board. +(2) The Secretary shall; +a) arrange the meetings of the Board; +b) record and maintain minutes of meetings of the Board; +c) record and maintain resolutions passed by the Board; +d) maintain a Register of Board Members' Interest; and +e) perform any other functions assigned by the Board. +(2) The Secretary, in the performance of the functions under subsection (2), shall be +accountable to the Board. +Appointment of other Staff +21. (1) The Centre may employ such staff as may be necessary for the proper and effective +performance of its functions. +(2) The Board shall determine vacancies and qualifications of staff to be recruited in +accordance with Article 195 of the Constitution. +(3) The terms, conditions and scheme of service of a person employed by the Centre +shall be as approved by the Board. +(4) The Centre may, on the recommendation of the Board, engage the services of +consultants and experts for the effective discharge of the functions of the Centre . +(5) Other public officers may be transferred or seconded to the Centre or may otherwise +provide assistance to t he Centre . +11 +Directorates of the Centre +22. (1) The Board may create such directorates as it may consider necessary for the efficient +and effective performance of the functions of the Centre . +(2) The directorates may include: +a) research and innovation; +b) studies; +c) corporate affairs and media relations; +d) consultancy; and +e) finance and administration. +Financial Provisions +Internal Audit +23. The Centre shall have an internal audit unit in accordance with section 83 of the Public +Financial Management Act, 2016 (Act 921). +Funds of the Centre +24. (1) The funds of the Centre shall include: +a) moneys approved by Parliament for the Centre ; +b) application fees; +c) administrative penalties; +d) any other internally generated funds; +e) grants, donations and loans approved by the Minister responsible for Finance; and +f) any other moneys approved by the Minister responsible for Finance. +Budget Estimates +25. The Director -General shall prepare budget estimates for each financial year and present +the estimates to the Board for its approval not later than four months prior to the end of +the financial year. +Bank Account of the Centre +26. The moneys for the Centre shall be paid into a bank account opened for the purpose, by +the Centre with the approval of th e Controller and Accountant -General. +Borrowing powers of the Centre +27. Subject to section 76 of the Public Financial Management Act, 2016, (Act 921), the Centre +may obtain loans and any other credit facilities on the guarantee of the Government from +a bank or any other financial institution approved by the Minister responsible for Finance. +12 Expenses of the Centre +28. The expenses of the Centre shall be charged on the funds of the Centre . +Accounts and Audit +29. (1) The Board shall keep books, records, returns and other documents relevant to the +accounts in the form approved by the Auditor -General. +(2) The Board shall submit the accounts of the Centre to the Auditor -General for audit at +the end of each financial year. +(3) The Auditor -General shall within six months after the end of the immediately +preceding financial year, audit the accounts and forward a copy of the audit report to +the Minister and the Boar d. +(4) The financial year of the Centre shall be the same as the financial year of the +Government. +Annual Report and other Reports +30. (1) The Board shall within one month after the receipt of the audit report, submit an annual +report to the Minister covering the activities and the operations of the Centre for the year +to which the report relates. +(2) The annual report shall include the report of the Auditor -General. +(3) The Minister shall, within one month after the receipt of the annual report, submit the +report to Parliament with a statement that the Minister considers necessary. The +Board shall submit to the Minister any other reports which the Minister may require in +writing. +Miscellaneous Provisions +Regulations +31. (1) The Minister on the advice of the Centre may by legislative instrument make +regulations to provide for ; +a) forms and supporting documents for applications; +b) authorizations; +c) certification of ICT products and technology solutions intended for research and +development purposes; +d) dispute resolution; +e) amendment of the penalt ies specified in Section 7; and +f) any other matter necessary for the effective implementation of the provisions of +this Act. +Transitional provisions +32. (1) A person in the employment of the Centre immediately before the coming into force +of this Act shall, on the coming into force of this Act, be deemed to have been duly +employed by the Centre established under this Act on terms and conditions which are not +13 less favourable in aggregate to the terms and conditions attached to the post held by the +person before the coming into force of this Act. +(2) The assets, rights, obligations and liabilities of the Centre in existence immediately +before the coming into force of this Act are transferred to the Centre established under +this Act. +(3) A contract subsisting between the Centre and any other person and in force +immediately before the coming into force of this Act shall subsist between the Centre +established under this Act and that other person. +(4) Any moneys and pr operties held by or on behalf of the Centre immediately before the +coming into force of this Act are transferred to the Centre established under this Act. +(5) With effect from the coming into force of this Act, the centres, units and the limited +liability ent ities as specified in section 1 2(2) are centres, units, projects and limited +liability entities of the Centre established under this Act . +Interpretation +33. In this Act unless the context otherwise requires - +“Board ” means the governing body of the Kofi Annan Research and Development Centre . +“Centre ” means the Kofi Annan Centre of Excellence in ICT . +"Development" means the process of designing, improving, testing, or deploying ICT as +defined , based systems, platforms, applications, or services, with the aim of achieving +technological, educational, social, or economic advancement, and includes activities that +support the practical application or scaling of research and innovation outcomes. +“Entity of a public nature" means any body corporate or unincorporated tha t meets all of the +following criteria: +(i) Public Function: The entity performs functions that are governmental, statutory, +regulatory, or are otherwise in furtherance of a public mandate or public interest +objective; +(ii) Public Control or Oversight: The entity i s subject to significant control, supervision, or +oversight by a public authority, including the Government of Ghana or any of its +agencies; +(iii) Public Funding Dependency: The entity derives a substantial portion of its funding, +whether directly or indirectly , from public sources or from funds administered for public +purposes; +(iv) Non-Profit Distribution Constraint: The entity does not operate primarily for profit and +is restricted from distributing profits or surpluses to private individuals or shareholders; +(v) Accountability: The entity is subject to public accountability mechanisms, such as +statutory reporting requirements, audits by a public auditor, or obligations under public +procurement or financial administration laws. +An entity shall be deemed not of a publ ic nature if it is privately owned and operated +for commercial purposes, and does not satisfy the above criteria. +"ICT" means information and communication technology which refers to all technologies, +systems, infrastructure, software, and platforms used for the collection, processing, storage, +14 transmission and dissemination of digital information and electronic communications. F or the +purposes of this Act, ICT shall include; +(i) digital hardware and software systems; +(ii) information systems and digital applications, especially within government operations; +(iii) data centres, hosting facilities, electronic and cloud -based infrastructure; +(iv) digital innovation platforms, and emerging technologies deployed in the public sector; +and +(v) associated standards, architecture, and interoperability frameworks. +“Minister” means the Minister responsible for Communication . +“Ministry ” means the Ministry responsible for Communication. +“Public funding” refers to any financial resources, whether in the form of grants, subsidies, +investments, loans, or other financial support mechanisms, allocated, disbursed, or +administered, whether by the Government of Gha na or any other party, for the purpose of +supporting research and development in ICT, where the ultimate beneficiary is the +Government of Ghana, any of its ministries, departments, agencies, statutory bodies, or any +entity of a public nature. +"Public institutions" refer to government -established, owned, or controlled entities that carry +out administrative, regulatory, developmental, or service delivery functions on behalf of the +state, excluding public academic institutions. This includes ministries, d epartments, agencies, +statutory bodies, public authorities, and other entities created by or under an Act of Parliament +to serve public sector objectives, other than education and academic research conducted by +public universities or colleges. +"Research" means a systematic investigation or inquiry, whether theoretical or applied, +conducted for the purpose of discovering new knowledge, validating existing knowledge, or +generating solutions within the field of ICT, including data collection, analysis, experi mentation, +design, and evaluation. \ No newline at end of file diff --git a/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/metadata.json b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..2bdf3360d9f292368dc98620ef715a769c19d4f8 --- /dev/null +++ b/assets/example_bills/kofi-annan-centre-of-excellence-in-ict-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:17:56.375583+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Kofi-Annan-Centre-of-Excellence-Bill.pdf", + "document_hash": "bf3248fc38471b23b7fa3850e857e6c6501375025520cf1e590e25ce2945742b", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/manifest.json b/assets/example_bills/manifest.json index 7a8891d8517fb80e555802b648b3d9a8cfb60973..2568ba83f5d53d49e991ceae74fc47a8bff5f6ec 100644 --- a/assets/example_bills/manifest.json +++ b/assets/example_bills/manifest.json @@ -10,91 +10,91 @@ "id": "data-harmonisation-bill", "title": "Data Harmonisation Bill", "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/Data-Harmonisation-Bill.pdf", - 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"document_hash": "", + "document_hash": "43e229099b5fa7424ae5ae6c60d3f6b84338d3b3b47d3c30e7a2348345c18f5b", "asset_dir": "postal-courier-and-logistics-commission-bill-2025" } ] diff --git a/assets/example_bills/mdhi-bill-2025/analysis.json b/assets/example_bills/mdhi-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..48b5597ff077b0ff76e5bcd4874fd2910e63128d --- /dev/null +++ b/assets/example_bills/mdhi-bill-2025/analysis.json @@ -0,0 +1,84 @@ +{ + "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.", + "bill_summary": [ + "Regulates false information, hate speech, and unauthorized disclosure of private/confidential information", + "Establishes a Division with authority to enforce rules, impose sanctions, and collaborate with existing agencies", + "Balances constitutional rights (free speech, privacy) against public interest through proportionality tests", + "Imposes due diligence obligations on media, influencers, and internet intermediaries", + "Prohibits commercialization of false information and imposes liability for 'business misinformation'", + "Defines 'public interest' as a threshold for liability, including national security, public health, and electoral integrity", + "Creates specific rules for internet intermediaries (content moderation, algorithmic transparency)", + "Excludes children under 12 from liability but holds guardians accountable for their actions", + "Allows the Government and public institutions to enforce rights against misinformation targeting them" + ], + "implementation": [ + { + "stakeholder": "Internet intermediaries", + "obligation": "Moderate content, comply with removal orders, and restrict algorithmic amplification of harmful content", + "implementation_burden": "Significant compliance costs for content moderation, legal risks from overblocking, and technical challenges in algorithmic transparency", + "risk_or_note": "Potential overreach in content removals without clear judicial oversight" + }, + { + "stakeholder": "Media houses/influencers", + "obligation": "Adhere to higher due diligence standards for factual accuracy in publications", + "implementation_burden": "Increased editorial costs and liability exposure for unverified claims", + "risk_or_note": "Risk of stifling legitimate criticism if 'due diligence' is interpreted narrowly" + }, + { + "stakeholder": "Public institutions", + "obligation": "Cooperate with the Division's investigations and enforce compliance with directives", + "implementation_burden": "Administrative burden to track and report misinformation targeting them", + "risk_or_note": "Potential for misuse of enforcement powers against dissenting voices" + }, + { + "stakeholder": "Startups/SMEs", + "obligation": "Comply with content moderation and due diligence requirements", + "implementation_burden": "High compliance costs for small platforms with limited resources", + "risk_or_note": "Risk of being forced to remove content without clear legal guidance" + } + ], + "critique": [ + { + "issue": "Vague definitions of 'misinformation' and 'disinformation'", + "why_it_matters": "Ambiguity could lead to overreach, chilling legitimate speech, and arbitrary enforcement", + "recommendation": "Include clear, objective criteria for distinguishing lawful speech from prohibited content" + }, + { + "issue": "Lack of independent judicial oversight for the Division's decisions", + "why_it_matters": "Centralized authority risks political bias and lack of accountability", + "recommendation": "Establish an independent appellate body to review the Division's rulings" + }, + { + "issue": "Broad 'public interest' standard for liability", + "why_it_matters": "Could be weaponized to suppress dissent or critical reporting", + "recommendation": "Define 'public interest' with specific, measurable criteria and judicial safeguards" + }, + { + "issue": "No explicit protections for whistleblowers or investigative journalism", + "why_it_matters": "May deter reporting on corruption or misconduct", + "recommendation": "Include explicit exemptions for protected disclosures under whistleblower laws" + } + ], + "swot": { + "strengths": [ + "Comprehensive framework to address misinformation and hate speech", + "Clear sanctions (e.g., content removal, fines) to deter harmful behavior", + "Collaboration with existing agencies (e.g., National Media Commission)" + ], + "weaknesses": [ + "Risk of overbroad enforcement stifling free expression", + "Unclear appeal processes for affected parties", + "Potential for political misuse of 'public interest' provisions" + ], + "opportunities": [ + "Improved media literacy programs through the Division's outreach", + "Enhanced public trust in institutions through better information governance", + "Standardized content moderation practices for internet intermediaries" + ], + "threats": [ + "Suppression of legitimate criticism due to strict liability rules", + "High compliance costs for small businesses and startups", + "Centralization of power in the Division without sufficient checks" + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/mdhi-bill-2025/chunks.json b/assets/example_bills/mdhi-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..77dcac9bd723bea1c8a2fbd284435a77caae8ae3 --- /dev/null +++ b/assets/example_bills/mdhi-bill-2025/chunks.json @@ -0,0 +1,87 @@ +[ + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n1\nARRANGEMENT OF SECTIONS\nSection\nOverview of the Act\n1. Object of the Bill\n2. Scope of the Bill\n3. Existing legislation\nPrinciples o n the Right to Freedom of Speech and Expression and the Right to Privacy\n4. Enforcement and interpretation of constitutional rights\n5. Balancing private benefit against public benefit\n6. Application and interpretation in favour of constitutional rights\n7. Establishment of liability\n8. Imposition of sanctions and grant of remedies\nInstituti onal Framework\n9. Establishment of the Division\n10. Powers of the Division\n11. Functions of the Division\n12. Collaboration\n13. Subdivisions\n14. Director of the Division\n15. Appointment of other staff\n16. Ministerial Directive\nSubstantive Rules on Information\n17. Information\n18. Communication of information\n19. False information\n20. Control over the information\n21. Exclusion of persons\nPart III\nProhibition on publication of false information\n22. Misinformation and Disinformation\n23. Due diligence of the certainty or accuracy of information\n24. Business misinformation or disinformation\n25. Effects of misinformation and disinformation\n26. Public interest\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n2 27. Misinformation or disinformation by or against the Government\n28. Misinformation or disinformation against public institutions\n29. Misinformation or disinformation by or against a government official or public\nofficer\n30. Misinformation or disinformation against by or against a private individual or\nprivate entity\n31. False or inaccurate public health information", + "29. Misinformation or disinformation by or against a government official or public\nofficer\n30. Misinformation or disinformation against by or against a private individual or\nprivate entity\n31. False or inaccurate public health information\n32. False or inaccurate election information\n33. Sensationalism which lead s to inaccuracy\n34. Evidence of effects of misinformation and disinformation\n35. Communication made outside the territory\n36. Defences for misinformation and disinformation\nPart IV\nHate Speech and other forms of Indecent Expressions\n37. Prohibition of hate speech\n38. Definiti on of hate speech\n39. Definition of hate speech\n40. Control over the communication of hate speech\n41. Hate speech that incites genocide or aggravated violence\n42. Evaluation of hate speech\n43. Other forms of indecent expressions\n44. Liability for hate speech and other forms of indecent expressions\n45. Guidelines and code of ethics on hate speech and other forms of indecent\nexpressions\nPart V\nOther Information\n46. Disclosure of private facts\n47. Definition of private facts\n48. Publication of facts\n49. Entertainment\n50. Private facts of government officials, public officers, politician and celebrities\n51. Persons who can claim\n52. Data privacy breaches\n53. Publication of confidential information concerning the Republic of Ghana\n54. Categories of protected confidential info rmation\n55. Publication of protected information\nPart VI\nOperational Framework\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n3 56. Complaint to the Authority\n57. Response\n58. Jurisdiction of the Authority\n59. Findings and Decisions of the Authority\n60. Enforcement of decisions of the Authority\n61. Appeal against the Authority", + "OF OTHER INFORMATION (MDHI) BILL , 2025\n3 56. Complaint to the Authority\n57. Response\n58. Jurisdiction of the Authority\n59. Findings and Decisions of the Authority\n60. Enforcement of decisions of the Authority\n61. Appeal against the Authority\n62. Appeal against the Authority\nPart VII\nSanctions and Remedies\n63. Sanctions and Remedies\n64. Correction Direction\n65. Stop Communication Direction\n66. Removal of Communication Direction\n67. Service of Directions or Order\n68. Non-compliance with a Direction\n69. Removal of Account Request\n70. Access Blocking Order\n71. Monetary damages\n72. Suspension or revocation of licence\n73. Cease and Desist Order\n74. Compliance Warnings\n75. Administrative penalty\n76. Criminal penalty\n77. Offences by Entities\nPart VIII\nRules affecting Stakeholders\n78. Internet intermediaries\n79. Internet intermediaries regulated in Ghana\n80. Content Restriction\n81. Algorithm and content moderation\n82. Misinformation and disinformation risk assessment\n83. Fact-checking\n84. Training\n85. Paid content\n86. National security interventions\n87. Regulations\n88. Repeals, amendments and savings\n89. Transitional provisions\n90. Interpretation\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n4 A\nBILL\nENTITLED\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND\nPUBLICATION OF OTHER INFORMATION (MDHI) BILL , 2025\nAn ACT to regulate the publication and spread of false information, hate speech and other\ninformation relating to the disclosure of private facts and the publication of\nconfidential matters concerning the Republic , and for related matters.\nOverview of the Act\nObject of the Act\n1. (1) The object of this Act is to protect individuals ; groups of persons ; private and public", + "information relating to the disclosure of private facts and the publication of\nconfidential matters concerning the Republic , and for related matters.\nOverview of the Act\nObject of the Act\n1. (1) The object of this Act is to protect individuals ; groups of persons ; private and public\ninstitutions ; and the Government from harm, threat of harm , violence, fear, disrepute,\ndiscredit, embarrassment, harassment, intimidation, ridicule, unrest, panic and disturbance\nof the public peace caused by misinformation, disinformation, hate speech, the disclosure\nof private facts and the publication of confidential matters concerning the Republic .\n(2) In furtherance of its object in subsection (1), t he Act shall be applied to :\n(a) prevent the publication and spread of false information, hate speech and other\ninformation, disseminated within or outside the territory of the Republic ;\n(b) control the publication and spread of false information, hate speech and other\ninformation through internet intermediaries and digital advertising\nintermediaries;\n(c) suppress the commercialisation and financing of false information publication;\n(d) undertake measures to be taken to detect, control and safeguard against conduct\nthat threaten the free flow and exchange of reliable information ; and\n(e) impose sanctions and provide remedies in respect of liability for false and other\ninformation .\nScope of the Act\n2. (1) The Act covers the following:\n(a) Misinformation;\n(b) Disinformation;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n5 (c) Hate Speech;\n(d) Public disclosure of private facts; and", + "(a) Misinformation;\n(b) Disinformation;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n5 (c) Hate Speech;\n(d) Public disclosure of private facts; and\n(e) Publication of confidential information concerning the Republic .\n(2) Nothing in this Act shall preclude a person from enforc ing existing common law\nremedies in respect of misinformation and disinformation even where both actions run\nconcurrently.\n(3) Notwithstanding subsection (2), the Court, Division or other adjudicatory body shall\ntake into consideration the relief sought, or the extent of a remedy granted or sanction\nimposed or satisfaction for breach offered to the aggrieved party in respect of the same\nfacts forming the basis of misinformation and disinfor mation before another adjudicatory\nbody.\nExisting legislatio n\n3. (1) The Act shall be read together with the following enactments :\n(a) Cybersecurity Division Act, 2020 (Act 1038) (Cybersecurity Division Act),\n(b) Criminal Offences Act, 1960 (Act 29) (Criminal Offences Act),\n(c) National Media Commission Act, 1993 (Act 449) (National Media Commission\nAct),\n(d) Data Protection Act, 2012 (Act 843),\n(e) the National Communications Authority Act, 2008 (Act 769) (National\nCommunications Division Act),\n(f) the Electronic Communications Act, 2008 (Act 775) (Electronic\nCommunications) Act) ,", + "Act),\n(d) Data Protection Act, 2012 (Act 843),\n(e) the National Communications Authority Act, 2008 (Act 769) (National\nCommunications Division Act),\n(f) the Electronic Communications Act, 2008 (Act 775) (Electronic\nCommunications) Act) ,\n(g) the State Secrets Act, 1962 (Act 101) (State Secrets Act)\n(h) the Political Parties Act, 2000 (Act 574) (Political Parties Act)\n(i) the Security and Intelligence Agencies Act, 2020 (Act 1030) (Securities and\nIntelligence Agencies Act)\n(j) Presidential Office Act, 1993 (Act 463) (Presidential Office Act)\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n6 (3) Without limiting the effect of subsection (1), the Act shall not be interpreted to\nusurp or limit the mandate of the National Media Commission .\nPrinciples o n the Right to Freedom of Speech and Expression and the Right to Privacy\nEnforcement and interpretation of constitutional rights\n4. The Act shall be enforced and interpreted in accordance with the right to freedom\nof speech and expression and the right to privacy under articles 21(1)(a) and 18(2) of the\nConstitution, respectively and Chapter 12 of the Constitution.\nBalancing private benefit against public benefit\n5. In the application of the Act, the Court or Division (as the case may be) shall weigh\nthe private benefit of enforcing the right to freedom of speech and expression and/or the\nright to privacy against the public benefit of protecting an individual, group of perso ns,\nprivate or public institution from the harm caused by the false information, hate speech or", + "the private benefit of enforcing the right to freedom of speech and expression and/or the\nright to privacy against the public benefit of protecting an individual, group of perso ns,\nprivate or public institution from the harm caused by the false information, hate speech or\npublication of other information.\nApplication and interpretation in favour of constitutional rights\n6. (1) The Court or Division shall apply and/or interpret the Act in favour of the right to\nfreedom of speech and expression and right to privacy where the information under\nconsideration achieves a legitimate public benefit.\n(2) For the purpose of subsection (1), information is of legitimate public benefit if that\ninformation:\n(a) is intended to expose or exposes a person or institution\u2019s activities directly or\nindirectly related to, or connected with the commission , or the reasonable\nsuspicion of commission of a crime under the laws of the Republic ;\n(b) is intended to expose or exposes a Government or public -related matter that is\nnationally dishonourable and inimical to values of probity and accountability;\n(c) is intended to criticise or criticises the Government or public institut ion in\nrelation to the management of a public office or the performance of official\nduties of a government official or public officer ;\n(d) is intended to expose or exposes civil wrong doing done by or against an\nindividual, group of persons, private and public institutions or the Government;\nor\n(e) relates to a controversial public health opinion that is capable of being proven.\nEstablishmen t of liability\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025", + "or\n(e) relates to a controversial public health opinion that is capable of being proven.\nEstablishmen t of liability\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n7 7. (1) The Court of the Division shall apply and/or interpret the Act to establish liability\nagainst an individual, group of persons, private and public institutions or the Government\nfor misinformation, disinformation or publication of other information only whe re:\n(a) liability promotes the rights and reputation of an individual, group of persons,\nprivate or public institution, and protects national security, public order, public\nsafety, public health or public morals;\n(b) liability was reached upon ascertaining that the public be nefit gained from\nculpability of a person for contravening the Act outweighs a private benefit ,\nand there is no justification under section 7(2); and\n(c) liability was determined by a fair and transparent criterion under the Act in\naccordance with due process .\n(2) In addition to subsection (1), the establishment of liability for hate speech shall be\nin accordance with Part IV of the Act.\nImposition of sanctions and grant of remedies\n8. (1) Where liability is established under this Act, the Court or the Division shall not\nimpose a sanction or grant a remedy for a non -compliance or for breach of conduct under\nthe Act unless the sanction or remedy is that which is necessary and proportionate in a\ndemocratic society.\n(2) In determining whether a sanction or remedy is necessary and proportionate,", + "impose a sanction or grant a remedy for a non -compliance or for breach of conduct under\nthe Act unless the sanction or remedy is that which is necessary and proportionate in a\ndemocratic society.\n(2) In determining whether a sanction or remedy is necessary and proportionate,\nregardless of the sanction or remedy stated in the Complaint, the Court or the Division\nshall:\n(a) justify the sanction or remedy against the evidence o f the harm caused to an\nindividual , group of persons or the public;\n(b) determine whether the sanction or remedy is adequate under the circumstances to\nachieve the object and purpose of this Act; and\n(c) apply the least intrusive means of restriction considering the circumstances, the\nrights involved and the desired result.\nInstitutional Framework\nEstablishment of the Division on Misinformation, Disinformation, Hate Speech\nand Publication of Other Information.\n9. (1) For the purpose of enforcement and implementation of this Act, the Division on\nMisinformation, Disinformation, Hate Speech and Publication of Other Information is\nhereby constituted by the authority of the Board of the Authority , pursuant to section 15\nof the National Communication s Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n8 (2) The Division shall give effect to the directives of the Minister where prescribed by\nthis Act or under any other law.\nPowers of the Division\n10. (1) The Division shall have power to publish its own internal rules to streamline its\nfunctions under this Act.\n(2) The Division shall have power to make findings of fact, establish liability and render", + "this Act or under any other law.\nPowers of the Division\n10. (1) The Division shall have power to publish its own internal rules to streamline its\nfunctions under this Act.\n(2) The Division shall have power to make findings of fact, establish liability and render\nbinding decisions on sanctions and remedies in respect of Compl aints or Reports under\nthe Act.\n(3) The Division is not a body corporate with perpetual succession or a common seal\nand shall only act through the Authority for the purpose of suing or being used.\n(4) The Division may not , for the performance of its functions , acquire and hold\nmovable and immovable property and enter into a contract or any other transaction in its\nown name.\nFunctions of the Division\n11. (1) The Division shall:\n(a) ensure and monitor compliance with this Act;\n(b) promote the right to freedom of speech and expression by ensuring functional\ntransparency, fostering media literacy, providing verified information to the\npublic and undertaking educational programmes and initiatives on false and\nother information;\n(c) sensitise the public on the object and purpose of the Act, and the rights,\nsanctions, remedies and defences under the Act;\n(d) receive and investigate Complaints or Reports of non -compliance with this Act,\nbreach of conduct under the Act and make appropriate bindin g decisions\naccordance with the Act;\n(e) establish liability and impose sanctions or remedies that are necessary and\nappropriate in a democratic society;\n(f) implement the requirements for all relevant stakeholders under this Act;\n(h) develop a national plan of action to address, monitor and report on the progress\nof implementation of this Act and through the Minister to be submit ted to\nParliament; and", + "appropriate in a democratic society;\n(f) implement the requirements for all relevant stakeholders under this Act;\n(h) develop a national plan of action to address, monitor and report on the progress\nof implementation of this Act and through the Minister to be submit ted to\nParliament; and\n(i) advise the Minister on policy matters and any other matter relevant to the\nimplem entation of this Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n9 (2) The Division shall submit an annual report on false and other information under\nthe Act to the Minister .\nCollaboration\n12. (1) The Division shall work closely with the National Media Commission and other\npublic institution s in the execution of its functions.\n(2) In the event of parallel roles between the Division and any other public institution ,\nthe function s of the Division shall prevail for the purpose of implementing th is Act.\nAdministration of the Division s\nSubdivisions\n13. (1) The Division shall comprise of the following operational subdivisions :\n(a) The Complaints and Investigation Subdivision\n(b) The Public Information Desk and Outreach Subdivision\n(2) The Complaints and Investigation Subd ivision shall be responsible for receiv ing\nand investigating Complaints and Reports of non -compliance or breach of conduct under\nthe Act either by the instigation of a third -party or on its own accord, and making\nappropriate binding decisions.\n(4) The Public Information Desk and Outreach Subd ivision shall be responsible for\nsensitising the public on the Act; providing information on request to the public ; providing\nverified information to counter false information; and promoting the right to freedom of\nspeech and expression through educational programmes and initiatives on false and other", + "sensitising the public on the Act; providing information on request to the public ; providing\nverified information to counter false information; and promoting the right to freedom of\nspeech and expression through educational programmes and initiatives on false and other\ninformation.\nDirector of the Division\n14. (1) The Division shall be headed by a Director appointed by the President in\naccordance with article 195 of the Constitution.\n(2) A person shall not be qualified for appointment as a Director of the Division unless\nthat person:\n(a) has not less than 10 years of working experience in (i) telecommunications, (ii)\nlaw, (iii) regulatory compliance, (iv) education (v) information studies or (vi)\nhuman rights and\n(b) is not directly or indirectly involved in the management of; or\n(c) has no financial or commercial interest in a broadcasting network or media\nhouse or internet intermediary operating within the territory of the Republic .\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n10 (3) The Director shall be appointed on the same terms and conditions as directors of\nthe existing Divisions of the Authority .\nAppointment of other staff\n15. The President shall in accordance with article 195 of the Constitution , appoint for\nthe Division , other officers and staff that are necessary for the proper and effective\nperformance of its functions.\nMinisterial Directive\n16. The Division shall be subject to the Minister \u2019s directives on matters at the level of\nthe Principal Authority , provided that the directive does not vary, amend, detract or add to\nany right, liability, sanction, remedy or defence under this Act.\nSubstantive Rules on Information\nInformation", + "16. The Division shall be subject to the Minister \u2019s directives on matters at the level of\nthe Principal Authority , provided that the directive does not vary, amend, detract or add to\nany right, liability, sanction, remedy or defence under this Act.\nSubstantive Rules on Information\nInformation\n17. (1) In this section, the rules on information shall unless otherwise stated, apply only to\nmisinformation, disinformation and other information.\n(2) Except for hate speech under this Act , a person shall only be liable under th is Act\nfor the communic ation or publication of information relating to or about facts which\ncontravenes the Act.\n(3) Under this Act, a fact means a statement or material which can be verified as true\nor false.\n(4) Unless otherwise provided in this Act, the following does not constitute a fact under\nthe Act:\n(a) opinions about facts including personal views, beliefs or value judgments ;\n(b) commentary about facts including analysis, criticism or editorial content; and\n(c) an objective interpretation of facts in good faith and supported by evidence.\n(5) Unless otherwise provided in this Act, the following information shall not impose\nliability on a person for false information and other information :\n(a) public criticism or scrutiny of a governmental official or public offic er, relating\nto the management of a public office or the official duties of a government\nofficial or public offic er;\n(b) public criticism or dissatisfaction about the provision of a service to the public;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025", + "official or public offic er;\n(b) public criticism or dissatisfaction about the provision of a service to the public;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n11 (c) information that is circulated as means of entertainment in a movie, song,\nparody, skit or as a satire provided it does not amount to hate speech or a public\ndisclosure of a private fact ;\n(d) clearly identified partisan news ;\n(e) subject to provisions on hate speech , information that considered only insulting\nor disrespectful; and\n(f) true but imprecise information about a civil wrong or commission of a crime.\n(6) For the purpose s of this Act, clearly identified partisan news means information\nwhich is biased in its framing, lean ing towards a political ideology or adopts subjective\nfacts.\n(7) For the purpose s of this Act, acts are considered only insulting or disrespectful if\nthey are p ersonally rude or unpleasant , but do not offend a group of people and do not\nincite violence or threaten or expose that person to threat of harm.\nCommunication of Information\n18. (1) In this Act, for the purpose of false information, hate speech and other information,\na statement or material relating to or about facts is communicated if it is made available to\none or more persons in the Republic by means stated in subsection (2).\n(2) A statement or material relating to or about facts or is also communicated if it is\nmade available to one or more end -users in Republic on or through :\n(a) internet; or\n(b) MMS or SMS", + "(2) A statement or material relating to or about facts or is also communicated if it is\nmade available to one or more end -users in Republic on or through :\n(a) internet; or\n(b) MMS or SMS\n(c) television or radio broadcast\n(3) A statement or material relating to or about facts communicated under subsection\n(1) and (3) shall include written words, sounds, signs, objects, images, videos including\nArtificial Intelligence generated statements or materials.\n(4) Except for the algorithmically generated information, a person does not publish\ninformation in the Republic merely by doing any act for the purpose of, or that is incidental\nto, the provision of :\n(a) an internet intermediary service;\n(b) a communication service;\n(c) a service of giving the public access to the internet; or\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n12 (d) a computing resource service.\nFalse information\n19. (1) A statement or material is false if it is wrong, fake, misleading, deceptive, doctored,\nwhether wholly or in part, and whether on its own or in the context in which it appears .\n(2) Information is false only if it can be disproven by verified and factual contrary\ninformation .\n(3) A statement or material is false even if it is a partial disclosure of truth provided\nthat the omis sion makes entire statement or material more misleading than true.\n(4) Unless otherwise provided in this Act, the burden that the information is false lies\non the person alleging that the information is false which may include the Division where\nappropriate.\nControl over the information", + "that the omis sion makes entire statement or material more misleading than true.\n(4) Unless otherwise provided in this Act, the burden that the information is false lies\non the person alleging that the information is false which may include the Division where\nappropriate.\nControl over the information\n20. (1) Except for hate speech under this Act , a person shall be made liable for\ncommunication of information if that person ha s control over the information.\n(2) A person has control over the information if that person:\n(a) is the original disseminator of the information;\n(b) is not the original disseminator of the information but retains authorship of the\noriginal information; or\n(c) used, instruct ed or guided another person or instrument to make the\npublication; or\n(d) is able to substantially dictate how that content of that information should be\nframed, edited or published; or\n(e) is able publish or remove content relating to the inf ormation without recourse\nto the original author; or\n(f) threatens, blackmails or compels another person to release the information.\n(3) Nothing in this Act shall prevent an employee from being jointly or severally liable\nwith an employer who retains authorship of the information published in the course of\nemployment.\n(4) Except for hate speech under this Act , a person who republishes information that\nis already with in the public domain does not have control over the information.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n13 (5) Information is within the \u201cpublic domain\u201d if is already generally available to the", + "is already with in the public domain does not have control over the information.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n13 (5) Information is within the \u201cpublic domain\u201d if is already generally available to the\npublic and is available to every person to publish .\n(6) For the avoidance of doubt, internet intermediaries do not have control over the\ninformation except where a Direction, Order or Compliance Warning is issued against it.\n(7) Despite subsection (6), the Division may submit a request for content restriction\non an internet intermediary where the Division decides that it is necessary and\nproportionate in accordance with section 9 of this Act.\nExclusion of persons\n21. (1) Subject to the Juvenile Justice Act, 2003 (Act 653), a person below the age of 1 2\nshall not be liable for non -compliance or breach of conduct under this Act.\n(2) A person capable of being made liable under this Act who guides, advises, instructs,\ncommands, requests or blackmails a person below the age of 1 2 to engage in conduct that\nis inconsistent with this Act shall be liable as the original disseminator of the information.\n(3) Except for conduct criminalised, a parent or guardian of a child of below the age\nof 12 years or a person responsible for ma king decisions on behalf of that child shall be\nmade liable for the child\u2019s non -compliance on proof that the parent failed to take\nreasonable steps to supervise the child\u2019s activities.\n(4) Unless otherwise stated, a person who is threatened, blackma iled or compelled to", + "made liable for the child\u2019s non -compliance on proof that the parent failed to take\nreasonable steps to supervise the child\u2019s activities.\n(4) Unless otherwise stated, a person who is threatened, blackma iled or compelled to\nrelease information that is non -compliant with , or contravenes the Act shall not be made\nliable under this Act.\nProhibition on publication of false information\nMisinformation and Disinformation\n22. (1) Misinformation and disinformation is prohibited in Republic .\n(2) Misinformation is the publication of false or inaccurate information regardless of\nthe intention to mislead.\n(3) Disinformation is the publication of false or inaccurate information intended to\nmislead, manipulate or guide people in a particular direction.\n(4) A person shall be made liable for misinformation or disinformation if:\n(a) the information is a false or inaccurate statement or material relating to or about\nfacts;\n(b) that person is not excused from liability under the Act;\n(c) the information is prejudicial to public interest under section [].\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n14 (5) A person liable for misinformation or disinformation shall be subject to the\nimposition sanctions and grant of remedies provided in section [].\nDue diligence of the certainty or accuracy of information\n23. (1) All persons publishing information that concern statement or material relating to\nor about facts shall conduct necessary due diligence and verify the certainty or accuracy of\nthe information.", + "Due diligence of the certainty or accuracy of information\n23. (1) All persons publishing information that concern statement or material relating to\nor about facts shall conduct necessary due diligence and verify the certainty or accuracy of\nthe information.\n(2) Despite subsection (1), media houses, journalist s, politicians, academics, persons\nwith notoriety as influencers, persons known as public and social media commentators,\npersons of the class as celebrities, popular product brands and multinational co mpanies\nshall be held to a higher standard of due dilig ence.\n(3) It is a defence under this Act that due diligence could not have revealed that the\ninformation was false or inaccurate.\n(4) A person shall not be liable under this Act by reason only that they did not conduct\nnecessary due diligence of the certainty or accuracy of the information.\n(5) All persons are encouraged to publish reliable information to discredit false or\ninaccurate information.\nBusiness misinformation or disinformation\n24. (1) A person shall not engage in the business of making, arranging, publishing false\ninformation gratuitously or for financial reward , whether realised or not, or any other\nbenefit or gain.\n(2) A person shall not solicit, receive or agree to receive any financial or other material\nbenefit as an inducement or reward for providing any service, knowing that the service is\nor will be used in the communication of information that contravenes this Act.\n(3) A person who earns a reputation publicly for constantly and incessantly publishing\nfalse information which affects the public interest shall be presumed to be engaged in the\nbusiness or object of misinformation or disinformation.", + "(3) A person who earns a reputation publicly for constantly and incessantly publishing\nfalse information which affects the public interest shall be presumed to be engaged in the\nbusiness or object of misinformation or disinformation.\n(4) A person who engages in c onduct contrary to subsection (1), (2) and (3) shall be\nsubject to sanctions and/or be required to provide remedies under Part VII of this Act.\nPublic interest\n25. (1) A person shall only be made liable for misinformation or disinformation under this\nAct where it is in the public interest to do so.\n(2) For the purposes of this Act, and without limiting the generality of the expression,\nit is in the public interest to do anything if the doing of that thing is necessary or expedient :\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n15 (a) in the interest of the national security of the Republic or any part of the Republic ;\n(b) to protect public health , the public trust, o r public finances, public welfare, or\nto secure public safety , public morals or public order ;\n(c) in the interest of friendly relations of Republic with other countries;\n(d) to prevent any distorted influence of the outcome of presidential, parliamentary,\ndistrict assembly elections, unit committee elections, referendum or other\nelections supervised by the Electoral Commission.\n(e) to prevent incitement of feelings of enmity, hatred or ill -will between different\ngroups of persons; or\n(f) to prevent a diminution of public confidence in the performance of any official", + "elections supervised by the Electoral Commission.\n(e) to prevent incitement of feelings of enmity, hatred or ill -will between different\ngroups of persons; or\n(f) to prevent a diminution of public confidence in the performance of any official\nduty or function of, or in the exercise of any power by a public institution.\nMisinformation or disinformation by or against the Government\n26. (1) Subject to constitutional protections, t he Government shall have enforceable rights\nagainst any person, and shall have rights enforced against it, in respect of misinformation\nor disinformation under this Act.\n(2) The Government shall exercise its enforceable rights under the Act provided that\nthe misinformation or disinformation does not concern the political party of the incumbent\nGovernment.\n(3) Notwithstanding subsection (3), a political party shall retain enforceable rights in\nits own respects as an entity under this Act.\n(4) The Government shall not exercise any enforceable rights under this Act by reason\nonly that the misinformation or disinformation are merely insulting to the President , Vice-\nPresident or the Cabinet , as defined under section 17(7) of this Act .\n(5) Subject to protections under the Constitution, an action for misinformation or\ndisinformation at the instance of the Government shall lie against a private individual or\nprivate entity.\n(6) For the avoidance of doubt, the respective offices of the Government affected by\nthe misinformation or disinformation shall bear the burden of proof in any case as may be.\nMisinformation or disinformation against public institutions", + "private entity.\n(6) For the avoidance of doubt, the respective offices of the Government affected by\nthe misinformation or disinformation shall bear the burden of proof in any case as may be.\nMisinformation or disinformation against public institutions\n27. (1) Subject to constitutional protections, p ublic institutions shall have enforceable\nrights against any person, and shall have rights enforced against, in respect of\nmisinformation or disinformation under this Act\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n16 (2) Public institutions shall exercise its enforceable rights under this Act provided that\nthe misinformation or disinformation does not concern the political party of the incumbent\nGovernment.\nMisinformation or disinformation by or against a government official or public\nofficer\n28. (1) All governmental official s or public officer s shall have enforceable rights against\nany person, and shall have rights enforced against, in respect of misinformation or\ndisinformation under this Act for conduct against his or her office and in his or her own\npersonal capacity .\n(2) A member of the judiciary, as a public off icer, shall have enforceable rights against\nhis or her office and in his or her own personal capacity.\n(3) A candidate for elections shall have enforceable rights against any person, and shall\nhave rights enforced against, in respect of misinformation or disinformation under this\nAct.\n(4) An individual is a candidate for elections, if :\n(a) he or she has publicly declared their candidature in presidential, parliamentary,", + "have rights enforced against, in respect of misinformation or disinformation under this\nAct.\n(4) An individual is a candidate for elections, if :\n(a) he or she has publicly declared their candidature in presidential, parliamentary,\ndistrict assembly elections , unit committee elections or other elections\nsupervised by the Electoral Commission ;\n(b) has been nominated or chosen as a candidate in any of the stated elections ; or\n(c) is publicly known to contest in any of the stated elections .\nMisinformation or disinformation against by or against a private individual or\nprivate entit y\n29. (1) Private individual s or private entit ies shall have enforceable rights against any\nperson, and shall have rights enforced against them, in respect of misinformation or\ndisinformation under this Ac t.\nFalse or inaccurate public health information\n30. (1) No person shall publish false or inaccurate information about public health in the\nRepublic , public health crisis occurring in the Republic or a pandemic declared by the\nWorld Health Organisation.\n(2) A person shall be deemed to have published false or inaccurate health information\nwhere that person publishes unverified statements about public health administration in\nthe Republic , unsub stantiated medical statements or advice, unproven accounts about the\npotency or otherwise of a drug or medicine approved by the relevant authorities.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n17 (3) Without limiting the effect of section 18(4), misinterpretation of a statement or\nmaterial relating to or about facts or opinions about public health crisis and pandemics", + "OF OTHER INFORMATION (MDHI) BILL , 2025\n17 (3) Without limiting the effect of section 18(4), misinterpretation of a statement or\nmaterial relating to or about facts or opinions about public health crisis and pandemics\ndeclared by the World Health Organisation constitutes misinformation or disinformation.\n(5) Media houses, journalists and persons of the status of celebrities or influenc ers and\ncontent creators who publish public health information shall be required to undertake\nproper public health fact-checking in accordance with guidelines prescribed by the\nDivision .\n(6) For the purposes of public health information, the burden o f proof of truth or\naccuracy of the information lies on the person accused of publishing false or inaccurate\ninformation or the offending party.\nFalse or inaccurate election information\n31. (1) No person shall publish false or inaccurate information about the Electoral\nCommission, pre-election processes, voting day, collation of election results and election\nresults which is likely to influence or influence s the outcome of a general election to t he\noffice of President, a general election of Members of Parliament, a by -election of a Member\nof Parliament, or a referendum .\n(2) A person shall not connive, collaborate partner directly or indirectly with a country\nor foreign organisation to publis h false or inaccurate election information about the\nRepublic \u2019s Electoral Commission, pre-election processes, voting day, collation of election\nresults and election results.\n(3) The Division shall through the Ministry of Foreign Affairs and Regional Integration\nswiftly engage diplomatic channels of the foreign country in question over the allegations\nof false information.\n(4) Subject to subsection (5), no person shall publish false inf ormation whether", + "results and election results.\n(3) The Division shall through the Ministry of Foreign Affairs and Regional Integration\nswiftly engage diplomatic channels of the foreign country in question over the allegations\nof false information.\n(4) Subject to subsection (5), no person shall publish false inf ormation whether\nfinancial, political or sexual scandal about a candidate for elections , or a false allegation\nrelating to a statement made or a stance taken by a candidate , which is likely to influence\nor influence s the outcome of presidential, parliament ary, district assembly elections, unit\ncommittee elections, referendum or other elections supervised by the Electoral\nCommission.\n(5) Information on a financial, political or sexual scandal about a candidate for elections\nor allegation s relating to a statement made or a stance taken by that same candidate is not\nfalse by reason only that the information was largely true but part of the information was\nimprecise , and provided that the i mprecision does not make entire information\nsubstanti ally untrue.\n(6) Without limiting the effect of section 18(4), misinterpretation of a statement relating\nto or about facts concerning the Electoral Commission, pre-election processes, voting day,\ncollation of election results election results which is likely to influence or influence s the\noutcome of a general election to the office of President, a general election of Members of\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n18 Parliament, a by -election of a Member of Parliament, or a referendum , constitutes\nmisinformation or disinformation.\n(7) Media houses, journalists and persons of the status of media influencers and content", + "OF OTHER INFORMATION (MDHI) BILL , 2025\n18 Parliament, a by -election of a Member of Parliament, or a referendum , constitutes\nmisinformation or disinformation.\n(7) Media houses, journalists and persons of the status of media influencers and content\ncreators who publish election information shall be required to undertake proper elec tion\ninformation fact -checking in accordance with guidelines prescribed by the Division .\n(8) For the purposes of election information, the burden of proof of truth or accuracy\nof the information lies on the person accused of publishing false or inacc urate information\nor the offending party .\nSensationalism which leads to inaccuracy\n32. (1) The publication of otherwise accurate information by a media house with substantial\nembellishments to a high degree that it causes the information that is not fiction or satire\nto become inaccurate is prohibited.\n(2) The test of what is sensational is whether the information is overly exaggerated and\nevokes strong emotion and sentiment where the actual statement or material do not\nreasonably evoke such em otions.\n(3) For the avoidance of doubt, sensationalism is not prohibited , and this provision\nshall not be interpreted to stifle creative expression.\nEvidence of Misinformation and Disinformation\n33. (1) A n aggrieved person or issuing party may submit the following as evidence of\nmisinformation or disinformation:\n(a) evidence of the false or inaccurate information itself\n(b) medical records\n(c) financial records\n(d) court records\n(e) electronic records\n(f) electronic records showing negative media coverage\n(g) witness statements\n(h) documented evidence of correspondence\n(i) video evidence", + "(a) evidence of the false or inaccurate information itself\n(b) medical records\n(c) financial records\n(d) court records\n(e) electronic records\n(f) electronic records showing negative media coverage\n(g) witness statements\n(h) documented evidence of correspondence\n(i) video evidence\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n19 (j) expert evidence\n(k) surveys, polls, analytics\n(l) metrics\n(m) reports from regulatory bodies or fact -checking organisations\n(n) scientific studies\n(o) government data\n(p) any other relevant evidence 5\nCommunication made outside the territory\n34. (1) Pursuant to subsection (3), the Court or Division shall jurisdiction over\ncommunication made outside the Republic which contravenes this Act.\n(2) A communication is made outside the Republic if it is made by a person who is\nnot physically present in the terri tory of Ghana, notwithstanding the communication was\nmade on an online location.\n(3) With the exception of hate speech under subsection (6), t he Act shall have extra -\nterritorial effect only to the extent that the offending party or respondent is Ghanaian or\nhas been a resident in the Republic for a cumulative period of 2 years immediately\npreceding the date of publication of the false information, hate speech or other\ninformation.\n(4) Communication or publication outside t he Republic over which the Court or\nDivision has jurisdiction under subsection (3) shall be deemed to be communication or\npublication of a statement or material in the Republic .\n(5) Where the offending party or respondent lives outside the Republic , the Division", + "(4) Communication or publication outside t he Republic over which the Court or\nDivision has jurisdiction under subsection (3) shall be deemed to be communication or\npublication of a statement or material in the Republic .\n(5) Where the offending party or respondent lives outside the Republic , the Division\nshall engage mutual legal assistance for the enforcement of a sanction or remedy in that\ncountry.\n(6) For hate speech communicated outside the Republic against a citizen of Ghana ,\nthe Act shall have extraterritorial effect regardless of the nationality or residence of the\noffending part or respondent.\nDefences for Misinformation and Disinformation\n35. (1) In addition to other protections provided for in this Act, a person shall not be made\nliable for misinformation and disinformation where:\n(a) that person corrected or retracted that statement timeously and apologised ;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n20 (b) the false information was an inadvertent error and the offending party assumed\nresponsibilit y;\n(c) the information is not likely to influence or did not influence the outcome of a\npresidential, parliamentary, district assembly or unit committee election or\nreferendum, or other elections supervised by the Electoral Commission.\n(d) under the circumstances, the statement of fact or material was not relied on or\nit was not likely that people will take it seriously\n(2) It shall not be a defence that the information was only inaccurate; however, it shall\napply for the purposes of a reduced sanction or remedy or diminution of a sanction.", + "it was not likely that people will take it seriously\n(2) It shall not be a defence that the information was only inaccurate; however, it shall\napply for the purposes of a reduced sanction or remedy or diminution of a sanction.\n(3) What is timeous under subsection 1(a) depends on the facts of each case.\nHate Speech and other forms of Indecent Expressions\nProhibition of Hate Speech\n36. The communication or dissemination of hate speech in the Republic is prohibited.\nDefinition of Hate Speech\n37. (1) Hate speech means any communication in speech, writing, behaviour or expression\nthat uses pejorative or discriminatory language which:\n(a) vilifies, threatens, harasses, degrades, stigmatises, humiliates, discriminates or\n(b) promotes negative feelings, hostility, attitudes or perceptions or\n(c) incites hatred or violence\ntowards a group or class of people based on their race, ethnicity, colour, descent, religion,\nsex, background, other identity factor.\n(2) Hate speech may be based on facts, prejudice, bias, generalisations or stereotypes .\n(3) A factual statement which incites threats, hatred, violence towards a group or class\nof peopl e based on their way of life constitutes hate speech.\n(4) Provided the hate speech affects an individual or group\u2019s dignity, security, wellbeing,\nreputation and status in society, it is immaterial that the offending party did not intend the\nconsequen ces of his or her actions.\n(5) Communication circulated as means of entertainment in a movie, song, parody, skit", + "reputation and status in society, it is immaterial that the offending party did not intend the\nconsequen ces of his or her actions.\n(5) Communication circulated as means of entertainment in a movie, song, parody, skit\nor as a satire that meets the threshold of hate speech in subsection (1) or (3) constitutes\nhate speech under this Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n21 (6) A person shall not lose his or her rights under this part by reason only that the hate\nspeech targets that person in particular and not an entire group or class of people.\n(7) A Complaint in respect of hate speech may be brought by one or more persons.\nCommunication of Hate Speech\n38. The requirements of communication of information under section 18 shall apply to\nhate speech.\nControl over the communication of Hate Speech\n39. (1) A person shall be made liable for communication of hate speech if that person had\ncontrol over the communication.\n(2) A person has control over communication of hate speech if that person:\n(a) is the original disseminator of the communication;\n(b) disseminates, republishes or reproduces the communication ;\n(c) is not the original disseminator of the communication but retains authorship of\nthe original communication; or\n(d) used, instructed or guided another person or instrument to make the\ncommunication; or\n(e) is able to substantially di ctate how that content of that communication should\nbe framed, edited or published; or\n(f) is able communicate or remove content relating to the communication without", + "(d) used, instructed or guided another person or instrument to make the\ncommunication; or\n(e) is able to substantially di ctate how that content of that communication should\nbe framed, edited or published; or\n(f) is able communicate or remove content relating to the communication without\nrecourse to the original author; or\n(g) threatens, blackmails or compels another person to release the communication.\nHate Speech that incites genocide or aggravated violence\n40. (1) In accordance with section 49A of the Criminal Offences Act, hate speech that\nincites genocide is a criminal offence punishable under the Criminal Offences Act.\n(2) Hate speech that that is likely to incite aggravated violence or incites aggravated\nviolence is a criminal offence under this Act and which sanction shall be imposed in\naccordance with section [] of this Act.\n(3) For the purpose of this section , violence is aggravated if it is violence that is\nheightened in a way that leads to or is capable of leading to serious harm motivated by\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n22 hatred or resentment that targets a group or class of people based on their race, ethnicity,\ncolour, descent, religion, sex, background, other identity factor.\nEvaluation of hate speech\n41. (1) Only the Courts or the Division have the mandate to substantively evaluate a\ncommunication alleged to be hate speech.\n(2) In evaluating whether a communication amounts to hate speech to establish liability\nand the applicable sanctions or remedies for it, the Division or the Court shall determine\nwhether the communication incites hatred or violence by looking at:\n(a) the entire content of the communication ;", + "(2) In evaluating whether a communication amounts to hate speech to establish liability\nand the applicable sanctions or remedies for it, the Division or the Court shall determine\nwhether the communication incites hatred or violence by looking at:\n(a) the entire content of the communication ;\n(b) the tone and context of the communication ;\n(c) the potential impact of the speech in terms of reach ;\n(d) the purpose of the communication ;\n(e) the people who are targeted ; and\n(f) nature and gravity of the communication.\nOther forms of indecent expressions\n42. (1) The following indecent expressions which do not incite hatred but target a group\nof people are prohibited:\n(a) ethnic slurs and derogative commentary of a group of people; and\n(b) inflammatory statements may reasonably provoke violence of a group of people .\n(2) The communication and control over the communication for hate speech under\nsection s 39 and 40 respectively shall apply to indecent expression under this section .\n(3) In evaluating whether a communication is an indecent expression, except for\ndetermining that the communication incites hatred or violence, the criteria in section 42(2)\nshall apply.\n(4) Unless otherwise stated, and except for provisions under section s 37 to 42,\nreference to hate speech shall include other forms of indecent expression.\nLiability and enforceability for hate speech and other forms of indecent expressions\n43. (1) All persons including a private individual or private institution, a public institution\nor a Government or public official may be liable for hate speech .\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025", + "43. (1) All persons including a private individual or private institution, a public institution\nor a Government or public official may be liable for hate speech .\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n23 (2) Subject to actions in representative cap acity, o nly individuals or groups of\nindividuals affected by hate speech have enforceable rights under hate speech.\nGuidelines and code of ethics on h ate speech and other forms of indecent\nexpressions\n44. (1) The Guidelines on Hate Speech and other forms of Indecent Expressions issued\nby the National Peace Council shall be instructive in assessing hate speech and other forms\nof indecent expressions.\n(2) The following Guidelines and Code of Ethics shall be given due consideration in\nassessing hate speech and other forms of indecent expressions:\n(a) National Media Commission Guidelines for Political Journalism;\n(b) National Media Commission Guidelines for Local Language Broadcasting;\n(c) The Ghana Journalists Association Code of Ethics;\n(d) The Ghana Independent Broadcasters Association Code of Conduct;\n(e) Private and Newspaper Publishing Independent Association Code of Ethics;\nand\n(f) Commission on Human Rights & Administrative Justice Code of Conduct for\nPublic Office Holder.\nOther Information\nDisclosure of private facts\n45. (1) No person shall disclose a private fact about a person\u2019s life that is not generally\nknown to the public or publicly available.\n(2) A public disclosure is any direct or indirect publication of information relating to\nor about facts in respect of a pe rson, including commentary about private facts, opinions\nabout private facts, innuendos and insinuations.", + "known to the public or publicly available.\n(2) A public disclosure is any direct or indirect publication of information relating to\nor about facts in respect of a pe rson, including commentary about private facts, opinions\nabout private facts, innuendos and insinuations.\n(3) A person shall be liable where the information and circumstances of its disclosure\nclearly identifies a person with or without a publicat ion of name or pseudonyms or photo\nor description of a person to whom the information reasonably relates.\n(4) No person shall be made liable under this section unless the disclosure of the private\nfact is deemed offensive, repulsive, embarrassing or shameful to a reasonable person.\n(5) In making a determination in subsection (3), the Division or the Court shall weigh\nthe legitimate public concern or newsworthiness of the information.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n24 (6) Information is of legitimate public concern or is newsworthy if it:\n(a) reveals the commission of a civil wrong under the laws of the Republic ;\n(b) relates to a private fact about a government official or public officer which is\nlikely to adversely affect national security, public interest, public trust, public\nsafety, public order or public security;\n(c) it reveals a public health risk to other persons in respect of an infectious disease\nspread by contact or touch, disclosed by persons wi th the Division to disclose\nunder the Public Health Act, 2012 (Act 851); or\n(d) concerns the welfare of a child.\n(7) Where the information is of legitimate public concern or is newsworthy, a person", + "spread by contact or touch, disclosed by persons wi th the Division to disclose\nunder the Public Health Act, 2012 (Act 851); or\n(d) concerns the welfare of a child.\n(7) Where the information is of legitimate public concern or is newsworthy, a person\nwho discloses the information shall only disclose what is necessary in the public interest,\nand such person may be liable for disclosing partly private facts which were not necessary\nin the public interest.\nDefinition of p rivate facts\n46. (1) A private fact is an intimate detail of a person\u2019s life that is not generally known and\nis expected to be kept private and shall include facts about:\n(a) family life;\n(b) physical or mental health;\n(c) health choices or decisions;\n(d) personal finances unless there is a duty to declare or there is suspicion of\nillegitimacy or illegality;\n(e) relationships unless abusive or exploitative; and\n(f) personal choices that do not personally affect any other person.\n(2) The following information shall not be considered private facts under this part:\n(a) information held in public or official records;\n(b) information about the com mission of a crime except that a person shall not\npublish obscene material that relates to the commission of a crime pursuant to\nsections 66 , 67 and 68 of the Cybersecurity Act;\n(c) information about the birth or death of a person;\n(d) information about the celebration or dissolution of a marriage;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n25 (e) information about one\u2019s educational background, education or professional and", + "(d) information about the celebration or dissolution of a marriage;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n25 (e) information about one\u2019s educational background, education or professional and\nacademic achievements ;\n(f) information about a person\u2019s admission as a member to a recognised soci ety in\nthe Republic ; and\n(g) information about the employment, profession, work or vocation of individual\nunless it concerns a matter of national security under the Securities and\nIntelligence Act, 2020 (Act 1030) (Securities and Intelligence Act) .\nPublic ation of facts\n47. (1) A disclosure is public if it published by whatever means of communication adopted\nunder section 18 and that information becomes known by one or more persons.\n(2) Information is under the control of a person in the manner stated in section 20 of\nthis Act.\n(3) It shall be immaterial that as a result of conduct of the aggrieved person in the\nsociety, or because the information was known by another per son or group of persons, the\npublication could not have been a public disclosure of private facts.\n(4) The person to whom the private fact relates should not have consented to the\ndisclosure of the information.\n(5) \u201cConsented to information\u201d under this part means freely disclosed the information\nor agreed to the disclosure of specific information for a specific purpose or duration.\n(6) Nothing shall preclude a person from revoking consent at any time.\nEntertainment\n48. A person shall not disclose a private fact in the name of entertainment in mass media\nwhether as a parody, skit or satire.", + "(6) Nothing shall preclude a person from revoking consent at any time.\nEntertainment\n48. A person shall not disclose a private fact in the name of entertainment in mass media\nwhether as a parody, skit or satire.\nPrivate facts of private individuals, government officials , public officers, politician\nand celebrities\n49. (1) A person may be liable for the publication of private facts about an individual or\ngroup of individuals where that information is deeply personal and does not or is not likely\nto adversely affect national security, public interest, public trust, public safety or public\norder or public security.\n(2) A person may be liable for the publication of private facts about a government\nofficial or public officer or politician where that information is deeply personal and does\nnot or is not likely to adversely affect national s ecurity, public interest, public trust, public\nsafety or public order or public security.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n26 (3) A person may be liable for the publication of private facts about a person of the\nstatus of a celebrity or influencer or a content creator in the Republic where that\ninformation is deeply personal and does not or is not likely to adversely affect the public\ntrust, or does not or is not likely to expose public exploitation by the celebrity , influencer\nor content creator .\nPersons who can claim\n50. (1) Subject to the Division \u2019s power to submit Complaints on behalf of aggrieved\npersons or issuing parties and actions in representative capacity , only individuals affected\nby the publication may make a claim for disclosure of private facts.", + "or content creator .\nPersons who can claim\n50. (1) Subject to the Division \u2019s power to submit Complaints on behalf of aggrieved\npersons or issuing parties and actions in representative capacity , only individuals affected\nby the publication may make a claim for disclosure of private facts.\n(2) An estate of a deceased may hold a person liable for publication of private facts\nabout a deceased person.\nData privacy breaches\n51. Nothing shall bar a person from pursuing a remedy for breach of protection of personal\nor special personal data protection u nder the Data Protection Act.\nPublication of confidential information concerning the Republic\n52. (1) A person shall not publish confidential information concerning the Republic .\n(2) Information is confidential to the Republic under this section if that information:\n(a) belongs to the State or is in the custody of the State; and\n(b) is not publicly available as to the precise content; and\n(c) is not meant to be shared with the public at a specific time or indefinitely; and\n(d) contains sensitive material that affect or concern public security or public welfare\nor diplomatic interests.\nCategories of protected confidential information\n53. (1) Information that is confidential to the State is protected and includes the following:\n(a) information about public proceedings held in camera;\n(b) information relating to criminal investigations which would prejudice the outcome\nof the ca se;\n(c) information relating to Cabinet communications;\n(d) information about sensitive economic Government data and plans;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n27 (e) information about emergency response plans;\n(2) Information that is meant to be eventually released is protected information where", + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n27 (e) information about emergency response plans;\n(2) Information that is meant to be eventually released is protected information where\nits premature release affects public security, public welfare or diplomatic interests.\n(3) Information is not protected if it intended to expose the commissi on of a crime\nunder the laws of the Republic .\n(4) Information that is subject to the Right to Information Act is not protected.\nPublic ation of protected information\n54. (1) A disclosure is public if it published by whatever means of communication adopted\nunder section 18 and that information becomes known by one or more persons.\n(2) Information is under the control of a person in the manner stated in section 20 of\nthis Act.\nOperational Framework\nComplaint to the Division\n55. (1) Any person who has enforceable rights under this Act may file a Complaint to the\nDivision in the manner specified by the Division in respect of rights that have been or, is\nlikely to be contravened in relation to him or her.\n(2) A Complaint may be filed on behalf of an aggrieved person by the issuing party\nprovided that:\n(a) aggrieved person is identified in the com plaint; and\n(b) the issuing party has a relational connection with the aggrieved person.\n(3) A Complaint may be filed by a person as a claim in respect of public rights.\n(4) A child shall not be competent to file a Complaint by him or herself and shall act\nby his or her next friend;\n(5) A child shall not be competent to respond to a Complaint by him or herself and", + "(4) A child shall not be competent to file a Complaint by him or herself and shall act\nby his or her next friend;\n(5) A child shall not be competent to respond to a Complaint by him or herself and\nshall act by his guardian ad litem .\n(6) Upon receipt of a Complaint, the Division shall within 2 working days make a\npreliminary inquiry into whether it has jurisdiction into the Complaint and shall determine\nwhether a complaint has any merit.\n(7) A Complaint has merit where it c ontains an allegation of fact in respect of non -\ncompliance and breach of conduct under the Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n28 (8) Upon establishing jurisdiction and merit, the Division shall make findings of fact\nand liability or otherwise and render its decisions on the basis o f the complaint.\n(9) Every Complaint shall indicate the following:\n(a) the basis for the assertion that the information or communication is unlawful;\n(b) the description of the allegedly unlawful information or communication; and\n(c) the remedy or sanction sought.\n(10) Despite subsection (1), a person may file an anonymous or person identifiable\nReport to the Division setting out an account of non -compliance or breach of conduct\nunder the Act only for the information of the Division , and the Division shall exercise its\ndiscretion depending on facts and evidence in the Report.\n(11) All persons present in the Republic may file a Complaint or Report.\nResponse\n56. (1) Where the Division has determined that it has jurisdiction and the Complaint has\nany merit, the Division shall immediately forward the Compliant and a statement of its", + "discretion depending on facts and evidence in the Report.\n(11) All persons present in the Republic may file a Complaint or Report.\nResponse\n56. (1) Where the Division has determined that it has jurisdiction and the Complaint has\nany merit, the Division shall immediately forward the Compliant and a statement of its\njurisdiction and merit to the offending party and the offending shall be given the\nopportunity to respond to a Complaint in writing or by oral presentation, whichever they\nchoose.\n(2) The offending party shall respond to the Complaint within 2 working days of receipt\nof the Complaint.\n(3) Where the offending party does not respond within the timeframe, the Division\nshall proceed with the Complaint and determine the matter based on case of the aggrieved\nperson or issuing party.\n(4) Where the offending party responds to a Comp laint or Report, the Response shall\nindicate any of the following:\n(a) whether the respondent accepts and concedes to the Complaint; or\n(b) whether the respondent accepts the complaint but has an explanation; or\n(c) whether the respondent refutes and defends the information or communication.\n(5) Where a Response intends to provide a defence it shall indicate the following:\n(a) the basis for the assertion that the information or communication lawful; and\n(b) the description of the allegedly unlawful information or communication.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n29\nJurisdiction of the Division\n57. (1) Subject to subsection (2), the Division shall have jurisdiction over all matters of\nnon-compliance or breach of conduct under this Act.", + "OF OTHER INFORMATION (MDHI) BILL , 2025\n29\nJurisdiction of the Division\n57. (1) Subject to subsection (2), the Division shall have jurisdiction over all matters of\nnon-compliance or breach of conduct under this Act.\n(2) The Division shall not have quasi -adjudicatory jurisdiction over:\n(a) hate speech that incites aggravated violence;\n(b) allegation of non -compliance or breach of conduct against the Government;\n(c) allegation of non -compliance or breach of conduct filed by the Government\nagainst a person;\n(d) monetary damages; and\n(e) misinformation or disinformation which attracts criminal sanction .\n(3) Despite subsection (2), the Division shall have referral jurisdiction in the absence\nof its adjudicatory jurisdiction and may submit a Complaint on behalf of a person who has\nenforceable rights under this Act directly before the Court, where the Division is of the\nopinion that the matter is relevant to the public interest.\n(4) \u201cA matter is relevant to the public interest\u201d if, provided the Government is not the\naggrieved person:\n(a) the allegation att racts a criminal penalty under this Act; or\n(b) the allegation concerns a matter that has obtained significant public traction .\n(5) In all cases falling under subsection (3) and ( 4), the Division must be satisfied that\nthe Complaint has merit.\n(6) No person shall submit a case under this Act directly to the Court unless the\nDivision does not have jurisdiction.\nFindings and Decisions of the Division\n58. (1) The Division shall fairly and independently assess the merits of each Complaint", + "the Complaint has merit.\n(6) No person shall submit a case under this Act directly to the Court unless the\nDivision does not have jurisdiction.\nFindings and Decisions of the Division\n58. (1) The Division shall fairly and independently assess the merits of each Complaint\nsubmitted to it.\n(2) The Division shall establish liability where it is just and right to do so and shall\nimpose sanctions and remedies that are necessary and proportionate to the n on-compliance\nor breach of conduct.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n30 (3) Except for exceptional cases, the Division may make its findings of fact and liability\nin respect of a Complaint and shall render its decision on the applicable sanctions or\nremedies or otherwise no later than 10 working days of receipt of the Complaint.\n(4) In exceptional cases, the Divisi on shall, depending on the severity of the Complaint\nand the extent of harm or threat of harm caused by the information or communication,\nexpedite its processes for making its findings and rendering its decision.\n(5) Pursuant to subsection (4), the Division shall aim to submits its findings and\ndecisions within 5 working days of receipt of the Complaint.\nEnforcement of decisions of the Division\n59. (1) The decisions of the Division shall be binding on all parties to the complaint.\n(2) The decisions of the Division shall be complied by the parties to it failing which the\nsanction s under administrative and criminal penalties may apply .\n(3) For the purpose of enforcing and giving effect to its decisions, the Division shall\nmake such orders and directions as may be necessary in respect of the parties or other\npersons.", + "sanction s under administrative and criminal penalties may apply .\n(3) For the purpose of enforcing and giving effect to its decisions, the Division shall\nmake such orders and directions as may be necessary in respect of the parties or other\npersons.\nAppeal against the Division\n60. (1) A person who is aggrieved by finding of fact, liability or decision of the Division\nmay appeal to the High Court against the finding of fact, liability or the decision of the\nDivision in the person of the Authority.\n(2) A further right of appeal shall lie at the Court of Appeal only.\n(3) An a ppeal may only be made to High Court within 30 days of the decision on the\ncomplaint or such period as may be prescribed by Rules of Court , whichever is earlier.\n(4) The High Court must hear and determine any such appeal and may either confirm ,\nvary or set it aside a finding of fact or liability or a decis ion of the Division .\n(5) The High Court may only set aside a finding of fact or liability or a decision of the\nDivision on any of the following grounds on an appeal:\n(a) the respondent was not responsible for the communication or information; or\n(b) the evidence does not support the finding of fact; or\n(c) the communication or information was permissible under the Act; or\n(d) it is not technically possible to comply with the decision of the Division .\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n31 (6) A Complaint or Report that is the subject of an appeal under subsection (1) remains", + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n31 (6) A Complaint or Report that is the subject of an appeal under subsection (1) remains\nin effect despite the appeal, and only ceases to have effect if it is set aside by High Court\nor the appellate court on appeal from the High Court .\n(7) Despite subsection (6), if the appellant establishes a prima facie case that it is\ntechnically impossible to comply with the decision of the Division , the High Court may\ndirect that the decision be stayed pending determination of the appeal.\nJurisdic tion of the H igh Court\n61. (1) The High Court shall have appellate jurisdiction in respect of findings of fact,\nliability and decisions of the Division .\n(2) The High Court shall have original jurisdiction in all respect of matters of non -\ncompliance or breach of conduct under the law where the Division does not have\njurisdiction.\n(3) Appeals from the High Court\u2019s exercise of original jurisdiction under th is Act shall\nlie at the Court of Appeal and a further appeal shall lie at the Supreme Court.\nSanctions and Remedies\nSanctions and Remedies\n62. (1) Where the Court or Division makes a finding of fact and establishes liability against\na person for non -compliance or breach of conduct under the Act, it may issue any of the\nfollowing decisions as sanctions and/or remedies where appropriate:\n(a) a Correction Direction\n(b) a Stop Communication Direction\n(c) a Removal of Communication Direction\n(d) a Removal of Account Request\n(e) an Access Blocking Order\n(f) monetary damages\n(g) Cease and Desist Order", + "(a) a Correction Direction\n(b) a Stop Communication Direction\n(c) a Removal of Communication Direction\n(d) a Removal of Account Request\n(e) an Access Blocking Order\n(f) monetary damages\n(g) Cease and Desist Order\n(h) suspension or revocation of licence\n(i) an administrative penalty\n(j) a criminal penalty\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n32 (2) The Minister shall have no power to instruct the Court or the Division to issue a\ndecision under this Act.\n(3) The Court or Division may impose more than one sanction or grant more than one\nremedy if it is necessary and proportionate.\n(4) Despite subsection (3), the Division may recommend the imposition of additional\nsanctions or grant of remedies to aggrieved party to the Government or public institution\nin respect of non -compliance or breach of conduct by a government official or public\nofficer.\n(5) Where the information or communication has been removed, deleted or retracted,\nnothing shall prevent the Court or Division from granting an appropriate remedy or\nimposing a sanction in respect of the wrong done.\n(6) Nothing shall prevent the Division from publishing verified and true information\nto counter false information, and the requirement of verifiable information under section\n40 shall apply to the Division .\nCorrection Direction\n63. (1) The Court or Division may issue a Correction Direction against a person to correct\nmisinformation, disinformation or hate speech.\n(2) A Correction Direction is one issued to a person who is liable for misinformation", + "Correction Direction\n63. (1) The Court or Division may issue a Correction Direction against a person to correct\nmisinformation, disinformation or hate speech.\n(2) A Correction Direction is one issued to a person who is liable for misinformation\ndisinformation or hate speech , requiring the person to communicate in the Republic in the\nspecified form and manner, to a specified person or description of persons (if any), and by\nthe specified time, a notice (called a correction notice) that contains one or both of the\nfollowing:\n(a) a statement, in such terms as may be specified, that the information is false, or\nthat the specified material contains a false statement of fact;\n(b) a statement in such terms as may be specified, that the information is injurious\nto public interest or public security;\n(c) a specified statement of fact, or a reference to a specified location where the\nspecified information or communication may be found, or both.\n(2) A Correction Direction may require the person to whom it is issued to communicate\nin the Republic a cor rection notice in a specified location.\n(3) Where the consequences of the misinformation, disinformation or hate speech are\nextreme, a Correction Direction may also require the person to whom it is issued to do one\nor both of the following:\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n33 (a) to communicate in the Republic the correction notice by placing it in the\nspecified proximity to every copy of information or communication that is\ncommunicated by the person ;", + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n33 (a) to communicate in the Republic the correction notice by placing it in the\nspecified proximity to every copy of information or communication that is\ncommunicated by the person ;\n(b) to publish the correction notice in the specified manner i n a specified\nnewspaper or other printed publication of the Republic .\n(4) Provided there is evidence, a person who is liable under this Act may be issued a\nCorrection Direction even if the person does not know or has no reason to believe that\nthe information is false or the communication amounts to hate speech.\n(5) A person who is issued a Correction Direction is responsible for the costs of\ncomplying with the Direction.\n(6) Nothing shall prevent a person from seeking monetary damages i n addition to a\nCorrection Direction.\nStop Communication Direction\n64. (1) The Court or Division may issue a Stop Communication Direction against a person\nto correct misinformation, disinformation or hate speech.\n(2) A Stop Communication Direction is one issued to a person who is liable under the\nAct, requiring the person to stop communicating in the Republic , the subject information\nor communication by a specified time.\n(3) A Stop Communication Direction may also require the person to whom it is issued\nto stop communicating any statement or material that is substantially similar to the subject\nof the information or communication .\n(4) Stop communicating, in relation information or communication , means taking the\nnecessary steps to ensure that the statement is no longer available through verbal\ncommunication or a physical medium or the internet to end -users in the Republic .\n(5) A Stop Communication Direction may als o require the person to whom it is issued", + "necessary steps to ensure that the statement is no longer available through verbal\ncommunication or a physical medium or the internet to end -users in the Republic .\n(5) A Stop Communication Direction may als o require the person to whom it is issued\nto do one or both of the following:\n(a) to communicate in Republic , a correction notice in the specified form and\nmanner, to a specified person or description of persons (if any), and by the\nspecified time;\n(b) to publish a correction notice in the specified manner in a specified newspaper\nor other printed publication of the Republic .\n(6) Provided there is evidence, a person who is liable under this Act may be issued a\nStop Communication even if the person does not know or has no reason to believe that\nthe information is false or the communication amounts to hate speech.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n34 (7) A person who is issued a Correction Direction is responsible for the costs of\ncomplying with the Direction.\n(8) Nothing shall prevent a person from seeking monetary damages in addition to a\nStop Communication Direction.\nRemoval of Communication Direction\n65. (1) The Court or Division may issue a Stop Communication Direction against a person\nto correct misinformation, disinformation or hate speech where necessary, in addition to\nother Directions under this part.\n(2) A Removal of Communication Direction is one issued to a person who is liable\nunder the Act, requiring th at person remove or take down the information or\ncommunication in the Republic by a specified time from an online location .\n(3) A Removal of Communication Direction may also require the person to whom it is", + "under the Act, requiring th at person remove or take down the information or\ncommunication in the Republic by a specified time from an online location .\n(3) A Removal of Communication Direction may also require the person to whom it is\nissued to remove any statement or material that is substantially similar to the subject of the\ninformation or communication .\n(4) Removal of communication , in relation information or communication , means\ntaking the necessary steps to ensure that the statement or material is no longer available on\nor through the internet to end -users in the Republic .\n(5) A Removal of Communication Direction may also require the person to whom it\nis issued to do one or both of the following:\n(a) to communicate in Republic , a correction notice in the specified form and\nmanner, to a specified person or description of persons (if any), and by the\nspecified time;\n(b) to publish a correction notice in the specified manner in a specified newspaper\nor other printed publication of the Republic .\n(6) A third -party intermediary shall not be compelled to remove content of a person;\nhowever, the Court or Division may req uest a restriction of content in accordance with an\nintermediary\u2019s content restriction policy.\n(7) Provided there is evidence, a person who is liable under this Act may be issued a\nRemoval of Communication even if the person does not know or has no reason to believe\nthat the information is false or the communication amounts to hate speech.\n(8) A person who is issued a Removal of Communication Direction is responsible for\nthe costs of complying with the Direction.\n(9) Nothing shall prevent a person from seeking monetary damages in addition to a\nRemoval of Communication Direction.", + "that the information is false or the communication amounts to hate speech.\n(8) A person who is issued a Removal of Communication Direction is responsible for\nthe costs of complying with the Direction.\n(9) Nothing shall prevent a person from seeking monetary damages in addition to a\nRemoval of Communication Direction.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n35\nService of Direction s or Order\n67. (1) A Direction or Order shall be served in on outside the Republic by such means as\nmay be prescribed:\n(a) on the person to whom it is issued; or\n(b) on a person in the Republic that the person to whom it is issued has appointed to\naccept service on the person\u2019s behalf.\nNon -compliance with a Direction\n68. (1) Unless otherwise provided in this Act, a person to whom a Direction or Order is\nissued and served and who, without reasonable excuse, fails to comply with the Direction\nor Order whether in or outside the Republic , the Division shall issue a Complianc e\nWarning.\n(2) Where a person other than a person licensed by the Authority fails to comply with\na direction after three Compliance Warnings, the Division may:\n(a) issue a request a Removal of Account Request in accordance with section 69 of\nthis Act; or\n(b) issue an Access Blocking Order in accordance with section 70 of this Act; or\n(c) impose an administrative penalty in accordance with section [] of this Act.\n(3) It is not a defence to under this section that:\n(a) the person is subject to a duty under any written law, any rule of law, any", + "(c) impose an administrative penalty in accordance with section [] of this Act.\n(3) It is not a defence to under this section that:\n(a) the person is subject to a duty under any written law, any rule of law, any\ncontract or any rule of professional conduct, that prevents the person from\ncomplying with any part of a Direction or restricts the person in such\ncompliance; or\n(b) the person has appealed against the Direction.\n(4) A person licensed by the Authority who fails to comply with a Direction after three\nCompliance Warnings, is liable to pay to the Division , an administrative penalty of one\nthousand penalty units and a further one hundred penalty units for each day the default\ncontinues.\n(5) A person licensed by the Authority that fails to comply with subsection (4) risks\nsuspension or revocation of its licence.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n36 (6) No civil or c riminal liability is incurred by the person or an officer, employee or\nagent of the person, for doing or omitting to do any act, if the act is done or omitted to be\ndone with reasonable care and in good faith and for the purpose of complying with or\ngiving effect to the Direction.\nRemoval of Account Request\n69. (1) Only internet intermediaries shall ultimately decide whether to remove an online\naccount in accordance with their content moderation policies.\n(2) The Court or Division shall refrain from imposing duties on internet intermediaries\nto proactively monitor online content or intermediary liability regimes that incentivise\noverbroad censorship.", + "account in accordance with their content moderation policies.\n(2) The Court or Division shall refrain from imposing duties on internet intermediaries\nto proactively monitor online content or intermediary liability regimes that incentivise\noverbroad censorship.\n(3) Despite subsection (2) and (3), the Division or Court may issue a Removal of\nAccount Request of an online account on a foreign or Ghanaian regulated internet\nintermediary on an online location where the Division or Court has jurisdiction , and that\nperson has deliberately failed to comply with a Direction or Order under this Act after\nreceiving three Compliance Warnings.\n(4) Without limiting the effect of subsection (3), the Division or Court shall not request\nfor the removal of an account of a politician or known public or social commentator.\nAccess Blocking Order\n70. (1) An Access Blocking Order shall be issued where:\n(a) a person fails to comply with a Direction or Order ; and\n(b) the subject statement or material is being communicated in the Republic by\nthe person on an online location except an internet intermediary ; and\n(c) the misinformation or disinformation or hate speech is prejudicial to the friendly\nrelations between the Republic and other countries; or\n(d) the misinformation or disinformation unjustifiably projects the Republic as a\ndefaulter of international law; and\n(e) the Court or Division is satisfied that one or more end -users in the Republic\nhave used or are using the services of an internet service provider licensed by\nthe Authority to access that online location.\n(2) The Court or Division may direct the Authority to order the internet service", + "(e) the Court or Division is satisfied that one or more end -users in the Republic\nhave used or are using the services of an internet service provider licensed by\nthe Authority to access that online location.\n(2) The Court or Division may direct the Authority to order the internet service\nprovider to take reasonable steps to disa ble access to the online location (called in this\nsection an Access Blocking order ).\n(3) An internet service provider that does not comply with any Access Blocking Order\nafter three Compliance Warnings, is liable to pay to the Division , an administrative penalty\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n37 of five hundred thousand penalty units and a further one fifty penalty units for each day\nthe default continues.\n(4) An internet service provider that fails to comply with subsection (4) risks suspension\nor revocation of its li cence.\n(5) No civil or criminal liability is incurred by an internet access service provider or an\nofficer, employee or agent of such provider, for anything done or omitted to be done with\nreasonable care and in good faith in complying with any access blocking orde r.\nMonetary damages\n71. (1) An aggrieved person or issuing party may seek monetary damages either alone or in\naddition to other remedies or sanctions under the Act.\n(2) The Court shall grant monetary damages where the extent of the damage caused by\nthe information or communication cannot be effectively remedied only by the other\nremedies or sanctions under the Act.\n(3) Despite subsection (2), monetary damages may be awarded in respect of the\nfollowing:\n(a) false or inaccurate election information", + "the information or communication cannot be effectively remedied only by the other\nremedies or sanctions under the Act.\n(3) Despite subsection (2), monetary damages may be awarded in respect of the\nfollowing:\n(a) false or inaccurate election information\n(b) public disclosure of private facts\n(c) publication of confidential information concerning the Republic\n(4) Monetary damages awarded under this section may be:\n(a) general\n(b) special\n(c) punitive\n(5) The Minister may prescribe the scope, extent and range of monetary damages for\nnon-compliance or breach of conduct under the Act.\nSuspension or revocation of licence\n72. (1) The Division may recommend to the Authority , the suspension or revocation of\nlicence of person licensed by the Authority where:\n(a) that person fails to comply with a Direction or Order of the Court or Division\nafter three Compliance Warnings an d has not paid the administrative penalty;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n38 (b) that person fails comply with fact -checking requirements under this Act after\nthree Compliance Warnings and has not paid the administrative penalty; or\n(c) has become notorious for publishing false o r other information and the Division\nhas issued a compliance warning.\n(2) The Authority may suspend or revoke a licence on grounds of non -compliance with\nthe directive of the Authority in accordance with the procedure set out regulations 119 and\n120 of the National Communications Regulations, 2003 (LI 1719).\nCease and Desist Order\n73. (1) The Court or Division may issue a Cease and Desist order against a person who is", + "the directive of the Authority in accordance with the procedure set out regulations 119 and\n120 of the National Communications Regulations, 2003 (LI 1719).\nCease and Desist Order\n73. (1) The Court or Division may issue a Cease and Desist order against a person who is\nengaged or is de emed to be engaged in the business of publication of false or other\ninformation.\n(2) A person who fails to comply with a Cease and Desist order shall be subject to an\nadministrative penalty without a Compliance Warning.\nCompliance Warnings\n74. (1) The Division shall issue a Compliance Warning to a person for failure to comply\nwith a Direction or Order within 5 working days of first issuance of the Direction or Order\nand in exceptional cases, 2 working days.\n(2) The Division may issue a C ompliance Warning where upon its own investigations\nor by a Report, it comes to the notice of the Division that a person is contravening the Act.\n(3) The Compliance Warning shall direct the person against whom it is issued to\ncomply with the direct ions stated therein.\n(4) A Compliance Warning shall expire:\n(a) upon the compliance by the person against whom it is issued; or\n(b) upon the taking of further action by the Division in respect of the matter; or\n(c) where the Division decides that it is no longer necessary.\n(5) A person against whom a Compliance Warning is issued may respond to the\nDivision and justify the basis of their action or omission.\nAdministrative penalty\n75. (1) Except otherwise provided in this Act, a person shall be subject to an administrative\npenalty for failing to comply with a Compliance Warning or an Order of the Division .", + "Division and justify the basis of their action or omission.\nAdministrative penalty\n75. (1) Except otherwise provided in this Act, a person shall be subject to an administrative\npenalty for failing to comply with a Compliance Warning or an Order of the Division .\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n39 (2) Unless otherwise specified, an individual who fails to comply with a Direction or\nOrder after a Compliance Warning is issued three times is liable to pay to the Division , an\nadministrative penalty of one hundred penalty units and a further twenty units for each day\nthe default continues.\n(3) Unless otherwise specified, in the case of an entity, the head of the management of\nthe entity who fails to comply with a Direction or Order after a Compliance Warning is\nissued three times is liable to pay to the Division , an administrative penalty of five hundred\npenalty units and a further one hundred units for each day the default continues.\n(4) Subsection (2) and (3) shall apply without prejudice to any other sanction or remedy\navailable to the aggrieved person or issuing party in respect of the matter;\n(5) A person liable for the disclosure of public facts and publication of confidential\ninformation concerning the Republic shall pay an administrative penalty of five thousand\npenalty units w here that person been given the opportunity to comply with the Directi on\nor Order within 30 days of notice of first issuance.\nCriminal penalty\n76. (1) A person who communicates or publishes false information with malicious intent,\nknowing it to be false , or having reasonable belief in the falsity of the statement which", + "or Order within 30 days of notice of first issuance.\nCriminal penalty\n76. (1) A person who communicates or publishes false information with malicious intent,\nknowing it to be false , or having reasonable belief in the falsity of the statement which\ncauses public harm, violence , fear, unrest or public disturbance shall be liable to a criminal\npenalty , provided the information concerns or affects the public interest.\n(2) A person w ho is liable under subsection (1) commits a misdemeanour shall be\nsubject to a fine not less than two hundred penalty units and not more than five hundred\npenalty units, or a term of imprisonment of not more than 1 month, or both.\n(3) Information causes public harm if on the evidence, the misinformation or\ndisinformation leads to:\n(a) loss of funding for the Government or public institution;\n(b) loss of human capital including strikes;\n(c) significant reputational damage;\n(d) law suits or sanctions on that public institution; or\n(e) inability for the Government or public institution to perform its function .\n(4) Information causes violence if on the evidence, the misinformation or\ndisinformation leads to intentional or unintentional use of physical force or power,\nthreatened or actual, against another person that either results in or has a real likelihood in\ninjury, death or psychological harm.\n(5) Information causes fear if on the evidence, the misi nformation or disinformation:\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n40 (a) creates urgency and alarm about health or national security risk, the commission", + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n40 (a) creates urgency and alarm about health or national security risk, the commission\nof a crime, natural disaster or economic meltdown occurring in the Republic\nwhich is not real or apparent; or\n(b) causes anxiety about t he threat to a person\u2019s life or their welfare; or\n(c) causes anxiety about the administration and/or management of a public\ninstitution or ;\n(d) signals danger about a violent or disruptive event which is not real or apparent;\nor\n(e) creates widespread danger about an unknown or uncertain situation.\n(6) Information causes unrest if on the evidence, the misinformation or disinformation\nwhen it leads to:\n(a) agitation or panic in the Republic ; or\n(b) widescale protests outsi de or within the Republic related to or connected to the\ninformation; or\n(c) riot or unlawful assembl y in the Republic ; or\n(d) widespread public or private layoffs in the Republic ; or\n(e) ethnic and religious division or conflict in the Republic ;\n(7) Information causes public disturbance if on the evidence, the misinformation or\ndisinformation leads to:\n(a) widespread shock or mental distress in the Republic ; or\n(b) widespre ad public uncertainty or confusion about a health risk or emergency\nalert in the Republic or that may affect the Republic ; or\n(c) widespread anxiety about change in public policy in the Republic .\n(8) A person who is liable for hate speech that incites aggravated violence commits a", + "alert in the Republic or that may affect the Republic ; or\n(c) widespread anxiety about change in public policy in the Republic .\n(8) A person who is liable for hate speech that incites aggravated violence commits a\nsecond degree felony offence and is liable on conviction to a fine of not less than five\nhundred penalty units and not more than one thousand penalty units or to a term of\nimprisonment of not less than three months and not more than twelve months or to both.\n(9) A person commits a criminal offence under the Act where that person is liable for\npublication of private facts or publication of confidential information concerning the\nRepublic and:\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n41 (a) fails to comply with a Direction or Order within 30 days of its first issuance;\nand\n(b) fails to comply with a Compliance Warning within 30 days of its first issuance .\n(10) An individual who commits a criminal offence under subsection (9) commits a\nmisdemeanour and is liable on summary conviction to a fine of not less than two hundred\npenalty units and not more than five hundred penalty units .\nOffences by Entities\n77. (1) Where, in a proceeding for an offence under this Act, it is necessary to prove the\nstate of mind of a n entity in relation to a particular conduct, evidence that an officer,\nemployee or agent of the entity engaged in that conduct within the scope of the actual or\napparent Division of the officer, employee or agent; and the officer, employee or agent had\nthat state of mind, is evidence that the entity had that state of mind.", + "employee or agent of the entity engaged in that conduct within the scope of the actual or\napparent Division of the officer, employee or agent; and the officer, employee or agent had\nthat state of mind, is evidence that the entity had that state of mind.\n(2) Where a n entity commi ts an offence under this Act, a person who is an officer of\nthe entity ; or an individual involved in the management of the entity and in a position to\ninfluence the conduct of the entity in relation to the commission of the offence; and who:\n(a) consented to effect the commission of the offence; is in any other way, whether\nby act or omission, knowingly concerned in, or is party to, the commission of\nthe offence by the entity ; or\n(b) knew or ought reasonably to have known that the offenc e by the corporation\n(or an offence of the same type would be or is being committed, and failed to\ntake all reasonable steps to prevent or stop the commission of that offence,\ncommits the same offence as the entity , and shall be liable on conviction to be punished\naccordingly.\n(3) Nothing shall bar the prosecution of an employee or worker who is personally liable\nfor the commission of an offence under this part but is neither an officer of the entity or\nin ch arge of the management of the entity or in a position to influence the conduct of the\nentity in relation to the commission of the offence .\nRules affecting stakeholders\nInternet intermediaries\n78. (1) Internet intermediaries shall not be liable for third -party content in circumstances\nwhere they have not been involved in creating or modifying that content.\n(2) Internet intermediaries shall not be made strictly liable for hosting third -party", + "Rules affecting stakeholders\nInternet intermediaries\n78. (1) Internet intermediaries shall not be liable for third -party content in circumstances\nwhere they have not been involved in creating or modifying that content.\n(2) Internet intermediaries shall not be made strictly liable for hosting third -party\ncontent which contravenes this Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n42 (3) Internet intermediaries shall not be required to evaluate the legality of third -party\ncontent or proactively monitor content.\nInternet intermediaries regulated in Ghana\n79. (1) Notwithstanding that a Removal of Account Request may be issued to all internet\nintermediaries, only internet intermediaries regulated by the Authority or other relevant\nauthorities are amenable to this Act.\n(2) For the purpose of this Act, except as otherwise mentioned, internet intermediaries\nmean Ghanaian regulated internet intermediaries throughout this Act.\n(3) The content moderation policies of an internet intermediary shall not conflict with,\nor contravene any part of this Act.\nContent restriction\n80. (1) Internet intermediaries are not required to restrict content unless a Direction, Order\nor Compliance Warning has been issued by the Court or Division that has determined that\nthe material contravenes this Act.\n(2) Except where the internet intermediary modified the content, a Direction, Order\nor Compliance Warning shall not be issued against an internet intermediary unless:\n(a) the third -party who published the information or communication has failed to\ncomply with a Direction, Order or a Compliance Warning; and\n(b) the information or communication negatively impacts the Republic \u2019s diplomatic", + "or Compliance Warning shall not be issued against an internet intermediary unless:\n(a) the third -party who published the information or communication has failed to\ncomply with a Direction, Order or a Compliance Warning; and\n(b) the information or communication negatively impacts the Republic \u2019s diplomatic\ninterests or friendly relations with other countries.\n(3) A Direction, Order or Comp liance Warning issued against an internet intermediary\nto restrict its content must:\n(a) describe the content and provide a determination that the content is unlawful;\n(b) provide evidence sufficient to support the order; and\n(c) indicate the time period for which the content should be restricted\n(4) Any sanction imposed on an internet intermediary or any remedy required of an\ninternet intermediary must be necessary and proportionate and directly correlated to the\nintermediary\u2019s wrongful behaviour in failing to appropriately comply with a Dir ection or\nOrder or Compliance Order.\n(5) An internet intermediary who fails to comply with a Direction, Order or Compliance\nWarning to restrict content may be liable to:\n(a) monetary damages or\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n43 (b) administrative penalty\n(6) Despite subsection (1), and subject to the content restriction policy of an internet\nintermediary, a person may flag illegal content or request content restriction on an internet\nintermediary.\n(7) No internet intermediary may be compelled by t he Court or Division to remove the\naccount of a third -party.\n(8) For the purpose of this section , content restriction means any act that leads to or has", + "intermediary.\n(7) No internet intermediary may be compelled by t he Court or Division to remove the\naccount of a third -party.\n(8) For the purpose of this section , content restriction means any act that leads to or has\nthe effect of removing, pulling down, amending, limiting, blocking or regulating access to\ncontent or communication on mass media.\nAlgorithm and content moderation\n81. (1) Media houses with online locations and internet intermediaries shall be required to\ncarry out an annual human rights due diligence to identify and address human rights\nimpacts related to their operations, including risks and abuses linked to their algorithmic\nsystems and content moderation or arising from their business model as a whole.\n(2) The Division shall issue a Compliance Warning for failure to comply with subsectio n\n(1) and upon further failure to comply, the internet intermediary shall be liable to pay to\nthe Division , an administrative penalty of five hundred penalty units and a further one\nhundred penalty units for each day the default continues.\nMisinformation and disinformation risk assessment\n82. (1) All Ministries, public institutions, media houses and internet intermediaries shall\nperform an annual misinformation and disinformation risk assessment and take\ncorresponding risk mitigation measures stemming from the design and use of their service.\n(2) The Division shall issue a Compliance Warning for failure to comply with\nsubsection (1) and upon further failure to comply, the internet intermediary shall be liable\nto pay to the Division , an administrative penalty of five hundred penalty units and a further\none hundred penalty units for each day the default continues.\nFact-checking", + "subsection (1) and upon further failure to comply, the internet intermediary shall be liable\nto pay to the Division , an administrative penalty of five hundred penalty units and a further\none hundred penalty units for each day the default continues.\nFact-checking\n83. (1) Media houses, journalists, internet intermediaries, digital advertising intermediaries,\ncontent creators and persons of the status of celebrity or influencer shall be required to\nfact-check before publishing information.\n(2) Media houses and intermediaries shall set up fact -checking desks to counter\nmisinformation and disinformation.\n(3) Persons licensed by t he Authority shall undertake annual fact -checking compliance\nwith the Division and shall be issued fact -checking certification valid for the calendar year.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n44 (4) Where fact -checking is required of a person under the Act, the Division shall issue\na Compliance Warning for failure to comply with subsection (1) and upon further failure\nto comply, the internet intermediary shall be liable to pay to the Division , an administrative\npenalty of five hundred penalty units and a further one hund red penalty units for each day\nthe default continues.\n(5) Fact -checking certification shall be a prerequisite for the renewal or continued\nvalidity of licence issued by the Authority .\nTraining\n84. (1) All Ministries, and selected public institutions by Ministerial Directive, media houses\nand internet intermediaries shall be required to provide bi -annual in -house training on\npublication of false and other information under the Act.\n(2) The Division shall issue a Compliance Warning for failure to comply with", + "and internet intermediaries shall be required to provide bi -annual in -house training on\npublication of false and other information under the Act.\n(2) The Division shall issue a Compliance Warning for failure to comply with\nsubsection (1) and upon further failure to comply, the entity shall be liable to pay to the\nDivision , an administrative penalty of two hundred penalty units and a further one hundred\npenalty unit s for each day the default continues.\n(3) A person who is licensed by the Authority shall not be granted a renewal of licence\nif that person has failed to provide two years of bi -annual training, whether or not one of\nthe two annual trainings was pro vided.\nPaid content\n85. (1) A digital advertising intermediary , persons of the status of celebrity or influencer,\ncontent creator must take reasonable steps to ensure that any paid content does not lead\nto non -compliance or breach of conduct under this Act.\n(2) The Division shall issue a Compliance Warning for failure to comply with\nsubsection (1) and upon further failure to comply, the person shall be liable to pay to the\nDivision , an administrative penalty of one hundred penalty units and a further one hundred\npenalty units for each day the default continues.\nNational security interventions\n86. (1) Subject to the Security and Intelligence Agencies Act, the National Security Council\nand the National Intelligence Bureau shall not investigate, arrest or detain persons for non -\ncompliance or breach of conduct under this Act.\n(2) The Police Serv ice shall only intervene:\n(a) in the event of criminal prosecution under this Act and\n(b) where their presence necessary for the enforcement of a sanction under this Act.", + "compliance or breach of conduct under this Act.\n(2) The Police Serv ice shall only intervene:\n(a) in the event of criminal prosecution under this Act and\n(b) where their presence necessary for the enforcement of a sanction under this Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n45 (3) Where the alleged misinformation or disinformation concerns a serious crime under\nthe Security and Intelligence Agencies Act, it shall be the prerogative of the National\nIntelligence Bureau to gather intelligence in relation to that serious crime for the purpose\nof its work.\nMiscellaneous provisions\nRegulations\n87. The Minister may, by legislative instrument, make Regulations:\n(a) on specific matters relating to internet intermediaries and content restriction;\n(b) on specific measures related to algorithm and content moderation;\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.\nRepeals , amendments and savings\n88. (1) The following provisions are repealed:\n(a) Section 208(1) and (2) of the Criminal Offences Act;\n(b) Section 74 of the Electronic Communications Act;\n(2) The Electronic Communication Act is amended in section 76 by the substitution\nfor subsection (1), of :\n\u201c[a] person who by means of electronic communications service, knowingly sends a\ncommunication which constitutes misinformation or disinformation under the\nMisinformation, Disinformation, Hate Speech and Publication of Other Information Act", + "for subsection (1), of :\n\u201c[a] person who by means of electronic communications service, knowingly sends a\ncommunication which constitutes misinformation or disinformation under the\nMisinformation, Disinformation, Hate Speech and Publication of Other Information Act\nwhich is likely to prejudice the efficiency of life saving service or to endanger the safety of\nany person, ship, aircraft, vessel or vehicle commits an offence and is liable on summary\nconviction to a fine of not more than three thousand penalty units .\u201d.\nTransitional provisions\n89. (1) All criminal prosecutions in respect of section 208 of the Crim inal Offences Act\nand section 74 of the Electronic Communications Act shall cease upon the coming into\nforce of this Act.\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n46 (2) All criminal proceedings in respect of section 76 (1) of the Electronic\nCommunications Act shall cont inue provided t hat the new penalty shall apply at any stage\nbefore sentencing.\n90. Interpretation\nIn this Act, unless the context otherwise requires ,\n\u201caggrieved person\u201d a person whose rights have been infringed under the Act;\n\u201cArtificial Intelligence\u201d is technology that enables computers and machines to simulate\nhuman learning, comprehension, problem solving, decision -making, creativity and\nautonomy , and for the purpose of misinformation or disinformation includes\ndeepfakes, bots and manipulated algorithms ;\n\u201calgorithm\u201d means a set of instructions designed to accomplish a task;\n\u201can academic\u201d means an individual whether or not on sabbatical leave who:\n(a) was/is employed in a university or research institution and", + "deepfakes, bots and manipulated algorithms ;\n\u201calgorithm\u201d means a set of instructions designed to accomplish a task;\n\u201can academic\u201d means an individual whether or not on sabbatical leave who:\n(a) was/is employed in a university or research institution and\n(b) was/is of the status of emeritus professor, professor, lecture r, deputy or\nassistant lecturer including research fellows;\n\u201cAttorney -General\u201d means Minister responsible for the Ministry of Justice and\nAttorney -General\u2019s Department;\n\u201cDivision \u201d means the Division on Misinformation, Disinformation, Hate Speech and\nPublic ation of Other Information established under section 9 of this Act;\n\u201cBoard\u201d means a governing board formed under a statute;\n\u201cbusiness\u201d means a professional, informal, commercial or industrial activity with the\naim of producing goods or a service whether or not profit is realised;\n\u201cby-election\u201d means an election held in a single constituency to fill a vacate position;\n\u201ccelebrity\u201d means an individual who is widely and publicly known by people in the\nRepublic , and is famous for recognition in entertainment, fashion, modelling, arts,\nsciences, medicine, architecture, invention, engineering, law, sports, reality shows,\nbusiness, philanthropy or politics, and does not include an individual who is solely\nrecognised as a public or social media commentator, content creator, digital\nadvertising intermediary or influencer;\n\u201cchild\u201d means a person under the age of 18 years;\n\u201ccivil society organisations\u201d means non -governmental, non -profit entities with\nhumanitarian objectives and includes human rights organisations, prof essional\nassociations, charitable organisations, faith -based foundations, community groups\nand non -governmental organisations.", + "\u201cchild\u201d means a person under the age of 18 years;\n\u201ccivil society organisations\u201d means non -governmental, non -profit entities with\nhumanitarian objectives and includes human rights organisations, prof essional\nassociations, charitable organisations, faith -based foundations, community groups\nand non -governmental organisations.\n\u201ccivil wrong\u201d means an act or omission which gives to rise to a civil cause of action;\n\u201cCabinet\u201d means the President, Vice -Presi dent and Ministers of State;\n\u201cCode of Ethics\u201d means other instruments for assessing liability of hate speech ;\n\u201ccommon law\u201d means as established by article 11(2) of the Constitution, rules of law\ngenerally known as the common law, the rules generally known as the doctrines of\nequity and the rules of customary law including those determined by the Superior\nCourt of Judicature;\n\u201ccommunicate\u201d means to publish a statement or a material in the Republic ;\n\u201ccommunication means\u201d means publication of a statement or ma terial in the Republic ;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n47 \u201ccommunication service\u201d means a communication service provided by a\ncommunication network under the National Communication Division Act;\n\u201cComplaint\u201d means a formal allegation of wrong doing under the Act directly affecting\nan aggrie ved person and seeking a sanction or remedy under the Act;\n\u201ccomputing resource service\u201d means a service that provides the use of any computer\nhardware or software to enhance the processing capability or storage capacity of a\ncomputer;\n\u201cConstitution\u201d means the 1992 Constitution of the Republic ;\n\u201ccontent creator\u201d means an individual publicly known for professionally (part -time, as", + "\u201ccomputing resource service\u201d means a service that provides the use of any computer\nhardware or software to enhance the processing capability or storage capacity of a\ncomputer;\n\u201cConstitution\u201d means the 1992 Constitution of the Republic ;\n\u201ccontent creator\u201d means an individual publicly known for professionally (part -time, as\na freelancer or full -time) creating, producing and distributing original content on\nmass media for personal b randing, business marketing, entertainment or education\nwhether monetised or not, including a vlogger or blogger or an individual who holds\nhim or herself out as a content creator;\n\u201ccontent\u201d means visual and verbal information communicated or published on mass\nmedia and intended for public consumption, and includes texts, news, reports,\ndocumentaries, photos, songs, videos, films, movies, skits, parodies, satires, talk\nshows, editorials, public announcements;\n\u201ccontent moderation\u201d means the process of review ing third -party content generated on\nonline locations to ensure it meets certain internationally accepted standards and\nguidelines;\n\u201cCourt\u201d refers to the High Court or other appellate court with jurisdiction over the\nmatter;\n\u201ccovered entity means:\n(a) constitu tional bodies;\n(b) Legislative and Judiciary;\n(c) Ministr ies, Departments, Agencies and local authorities;\n(d) statutory bodies\n(e) the autonomous agencies; and\n(f) the public service;\n\u201ccrime\u201d means a criminal offence under the laws of the Republic ;\n\u201ccustomary international law\u201d means international obligations arising from consistent\nconduct of States (State practice) and belief that they are acting in accordance with\na legal norm or that it is legally required ( opinion juris) ;", + "\u201ccrime\u201d means a criminal offence under the laws of the Republic ;\n\u201ccustomary international law\u201d means international obligations arising from consistent\nconduct of States (State practice) and belief that they are acting in accordance with\na legal norm or that it is legally required ( opinion juris) ;\n\u201cdecision of the Division \u201d means an imposition of a sanction or a grant of a remedy;\n\u201cdigital advertising intermediary\u201d means any person who, in the ordinary course of\nbusiness, facilitates the communication of paid content in any place by acting as the\nlink or part of the link between the owners or op erators of online locations ,\nadvertisers and service providers by means of internet -based service;\n\u201cdiplomatic channels\u201d means other than mutual legal assistance, correspondence with\nforeign ministries, diplomatic missions or international organisations;\n\u201cdiplomatic interests\u201d means economic, cultural and political interests of the Republic\nin relation to other countries;\n\u201cDirection\u201d means a Correction Direction, a Stop Communication Direction or a\nRemoval of Communication Direction;\n\u201cdissemination\u201d means the act of spreading communication after initial communication;\n\u201cDivision\u201d means a division of the Authority under the National Communication\nDivision ;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n48 \u201cdue diligence\u201d means investigating and confirming the veracity of information;\n\u201cElectoral Commission\u201d m eans the Electoral Commission of Ghana responsible for\npublic elections in Ghana;\n\u201cemployee\u201d means, whether or not written contract exists and whether or not\nregularised, an individual who is appointed or hired permanently or for a specific\nperiod to perfo rm a service for another individual or entity for compensation", + "public elections in Ghana;\n\u201cemployee\u201d means, whether or not written contract exists and whether or not\nregularised, an individual who is appointed or hired permanently or for a specific\nperiod to perfo rm a service for another individual or entity for compensation\nwhether on a continuous, part -time, temporary or casual basis, and who is under\nthe control and direction of that individual or entity;\n\u201cemployer\u201d means a person who appoints or hires an emplo yee;\n\u201cenforceable rights\u201d means a right or claim or cause of action under this Act that can\nbe enforced against a person or a group of people before the Division or Court;\n\u201centity\u201d means an organisation, institution, company, establishment, partnership\nwhether incorporated or not and includes the Government;\n\u201cexisting law\u201d means written and unwritten laws of the Republic of the Ghana as they\nexisted immediately before the coming into force of this Act;\n\u201cfact\u201d means information that be verified as true or f alse or inaccurate, and does not\ninclude opinions or interpretations;\n\u201cfact-checking\u201d means the process of verifying the truth or factual accuracy of a\nstatement or material with or without the assistance of an instrument;\n\u201cfamily and friends\u201d mean a group of people who are closely connected to an individual\nthough blood ties or strong personal relationships;\n\u201cfreelancer\u201d means a person who is not employed by another person but earns\ncompensation for executing assignments from different persons.\n\u201cfriendly relations\u201d means international relations that promote world peace and security;\n\u201cfunds\u201d means the Consolidated Fund, the Contingency Fund, funds provided by the\nAuthority and Parliament and any other fund established by or under an Act of\nParliament;\n\u201cGazette\u201d means official publication of legal notice by the Ghana Publishing Division ;", + "\u201cfunds\u201d means the Consolidated Fund, the Contingency Fund, funds provided by the\nAuthority and Parliament and any other fund established by or under an Act of\nParliament;\n\u201cGazette\u201d means official publication of legal notice by the Ghana Publishing Division ;\n\u201cgeneral election\u201d means presidential and parliamentary elections in the Republic held\nevery 4 years since 1992;\n\u201cGhanaian\u201d means a citizen of Ghana;\n\u201cGoverning Board\u201d m eans the governing board of the Authority established under\nsection 6 of the National Communications Authority Act;\n\u201cgovernment official\u201d means senior members of the executive, including the President,\nVice-President, Ministers of State, senior presidentia l staffers, including members\nof Boards;\n\u201cGovernment\u201d means any Division by which the executive Division of the Republic is\nexercised including the Office of the President and Ministries;\n\u201cgroup of persons\u201d means a collective number of individuals and/or e ntities;\n\u201cguardian ad litem \u201d means a person who acts the representative of a child who is an\noffending party;\n\u201cGuidelines\u201d means Guidelines on Hate Speech and other forms of Indecent\nExpression issued by the National Peace Council;\n\u201charm\u201d means injury caused by a statement of an intention to inflict pain, injury, damage\nor other hostile action or to cause fear of harm or caused by violence;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n49 \u201cinaccurate information\u201d means information that is incorrect or incomplete by reason\nof an omission or misstatemen t, and unless otherwise provided includes false\ninformation, misinformation and disinformation;\n\u201cindividual\u201d means a single human being distinct from a group;", + "49 \u201cinaccurate information\u201d means information that is incorrect or incomplete by reason\nof an omission or misstatemen t, and unless otherwise provided includes false\ninformation, misinformation and disinformation;\n\u201cindividual\u201d means a single human being distinct from a group;\n\u201cinfectious disease\u201d means diseases are caused by pathogenic microorganisms, such as\nbacteri a, viruses, parasites or fungi; the diseases can be spread, directly or indirectly,\nfrom one person to another.\n\u201cinfluencer\u201d means an individual with mass media presence who has the ability to\nengage their audience and affect marketing power, behaviours o r purchasing\ndecisions through regular posts, comments, endorsements or collaborations\nbecause of their knowledge, Division , position or relationship with their audience;\n\u201cinformation\u201d means communication of a statement or material, regardless of the form\nor medium which informs or suggests anything or scenario to a person;\n\u201cinternational human rights standards\u201d means internationally recognised legal rights and\nrestrictions outlined in treaties ratified by the Republic , declarations, interpretations\nand gu idelines, and customary international law;\n\u201cinternational organisation\u201d means an entity established under treaty or international\nlaw and possessing legal personality under international law;\n\u201cinternet access service provider\u201d means an internet service pro vider licensed by the\nAuthority ;\n\u201cinternet intermediary service\u201d means :\n(a) a service of transmitting such materials to end -users on or through the internet;\nor\n(b) a service that allows end -users to access materials originating from third parties\non or through the internet;\n(c) a service of displaying, to an end -user who uses the service to make an online\nsearch, an index of search results, each of which links that end-user to content", + "on or through the internet;\n(c) a service of displaying, to an end -user who uses the service to make an online\nsearch, an index of search results, each of which links that end-user to content\nhosted or stored at a location which is separate from the location of the index\nof search results, but excludes any act done for the purpose of, or that is\nincidental to, the provision of :\n(d) a service of giving the public access to the internet;\n(e) a computing resource service;\nExamples of internet intermediary services are; social networking services; search\nengine services; content aggregation services; internet -based messaging services;\nand video -sharing services ;\n\u201cissuing party\u201d means a person making a Complainant on behalf of an aggrieved party;\n\u201cinstitution\u201d means an establishment, organisation, agency, department or body;\n\u201cinstrument\u201d means anything adapted to perform a function and incl udes computer\nprogrammes generally and computer programmes altered to perform automated\nfunctions;\n\u201cjournalist\u201d means a person, whether appointed as an employee or worker, whose work\nis to collect, prepare and or distribute real news through mass media or a person\nwho is recognised as a journalist in the Republic ;\n\u201cJudiciary\u201d means the judicial service of Republic ;\n\u201claw suit\u201d means any legal action against a person whether before a court of law or\nquasi -judicial body;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n50 \u201cmass media\u201d means channels of public c ommunication, storage and sharing of\ninformation and includes newsletters, newspapers, pamphlets, magazines, radio,", + "MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n50 \u201cmass media\u201d means channels of public c ommunication, storage and sharing of\ninformation and includes newsletters, newspapers, pamphlets, magazines, radio,\nmovies, television, books, blogs, webcast, email and social media;\n\u201cmaterial\u201d means anything that consists of or contains a statement;\n\u201cmedia house\u201d means an entity whether licensed or not, engaged in the business of\ngathering, creating, producing, distributing and managing news, entertainment and\ncontent and communicating to the public through mass media;\n\u201cMember of Parliament\u201d means an individual elected in a general or by -election to\nrepresent a constituency in the Republic whether or not that seat is contested in a\ncourt of law;\n\u201cMinister\u201d means the Minister responsible for Communications;\n\u201cMinister of State\u201d means a person appointed t o a high -office of the executive by the\nPresident for the administration of the Republic including a Deputy Minister;\n\u201cMinistry\u201d means a principal decision -making body of the executive branch that\nexercises executive Division and implements policies on b ehalf of the Government\nand is headed by a Minister of State;\n\u201cMinisterial Directive\u201d means a directive or instruction of the Minister under this Act;\n\u201cMMS\u201d means a system that enables the transmission, through a mobile network, of\nmultimedia messages;\n\u201cmultinational companies\u201d means a company that operates in more than one country\nor State;\n\u201cmutual legal assistance\u201d means a process by which countries seek and provide\nassistance to other countries in the servicing of official documents and gathering\neviden ce for investigating and prosecuting criminal cases;\n\u201cNational Intelligence Bureau\u201d means the internal intelligence agency of the Republic", + "or State;\n\u201cmutual legal assistance\u201d means a process by which countries seek and provide\nassistance to other countries in the servicing of official documents and gathering\neviden ce for investigating and prosecuting criminal cases;\n\u201cNational Intelligence Bureau\u201d means the internal intelligence agency of the Republic\nunder sections 12 and 14 of the Security and Intelligence Agencies Act;\n\u201cnational security\u201d means anything relating t o sovereignty, territorial integrity,\nconstitutional order, terrorism, organised crime, espionage and cyber threat;\n\u201cNational Security Council\u201d means National Security Council established under article\n83 of the Constitution and section 1 of the Securities and Intelligence Agencies Act;\n\u201cnews agency\u201d an entity whether licensed or not, engaged in the business of gathering,\ncreating, producing, distributing and managing news and communicating it to the\npublic through mass media;\n\u201cnext friend\u201d means a person w ho acts as the representative of a child who is an\naggrieved person;\n\u201cOffice of the President\u201d means the seat of the executive, including Office of the Vice -\nPresident and presidential staff appointed under the Presidential Office Act\n\u201cOffice of the Vice -President\u201d means the seat of the executive responsible for carrying\nout the functions of the Vice -President;\n\u201coffice\u201d means specific job or position held by a public officer or governmental official\n\u201cofficer\u201d means person of Division in entity or a person w ho holds an executive\nposition;\n\u201cofficers\u201d\n\u201cofficial duty\u201d means responsibility imposed on governmental official or public officer\nin accordance with the law;\n\u201conline account\u201d means an account created with an internet intermediary for the use of\nan internet intermediary service;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025", + "in accordance with the law;\n\u201conline account\u201d means an account created with an internet intermediary for the use of\nan internet intermediary service;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n51 \u201conline location\u201d means any website, webpage, chatroom or forum, or any other thing\nthat is hosted on a computer and can be seen, hear d or otherwise perceived by\nmeans of the internet;\n\u201copinion\u201d means a judgement, viewpoint, feeling or belief about someone or something;\n\u201cOrder means\u201d Access Blocking Order or Cease and Desist Order;\n\u201cother information\u201d means the unjustified public disclo sure of private facts or the\npublication of confidential matters concerning the Republic ;\n\u201cpaid content\u201d means any statement that is communicated for consideration;\n\u201cParliament\u201d means the Parliament of the Republic , and also referred to as Legisla ture\nin this Act;\n\u201cpeople\u2019 means more than one individual or entity;\n\u201cperson\u201d means an individual or entity;\n\u201cPolice Service\u201d means the Police Service of Ghana established under article 200 of the\nConstitution;\n\u201cpolitical party\u201d means a free association o r organisation of persons, one of whose\nobjects may be to bring about the election of its candidates to public office or to\nstrive for power by the electoral process and by this means to control or influence\nthe actions of government , registered under the Political Parties Act;\n\u201cpolitician\u201d means:\n(a) an individual who is a high -ranking member of a political party that is not in\nGovernment;\n(b) an individual who is seeking political office an elected government official; and\n(c) a Member of Parliament;.", + "\u201cpolitician\u201d means:\n(a) an individual who is a high -ranking member of a political party that is not in\nGovernment;\n(b) an individual who is seeking political office an elected government official; and\n(c) a Member of Parliament;.\n\u201cpre-election processes\u201d means procedures involved in organisation including voter\nregistration, nomination of candidates and campaigning;\n\u201cPresident\u201d means President of the Republic ;\n\u201cpresidential staff\u201d means individuals appointed by the President to work within the\nOffice of the President and Vice -President to carry out executive functions\n\u201cAuthority \u201d means the National Communications Division ;\n\u201cprint media\u201d includes newspapers, magazines, catalogues, calendars, reports, books,\nbrochures and any print publication;\n\u201cprivate individual\u201d means an individual that is a not government official or public office\nor closely associated with the Government;\n\u201cprivate institution\u201d means an entity that operates independently of government\ncontrol, whether or not a public institutio n has a share interest in the institution,\nand regardless of whether it provides public services;\n\u201cprivate person\u201d means an individual or entity;\n\u201cpublic benefit\u201d means any positive impact on a large number of people in the Republic ;\n\u201cpublic corporation\u201d means a body corporate established under an Act of Parliament in\naccordance with article 192 of the Constitution;\n\u201cpublic finances\u201d means money, expenditure, capital, debt relating to the Republic ;\n\u201cpublic health crisis\u201d means a health emergency that affec ts the public, including natural\ndisasters, outbreaks, epidemics, environmental hazards, bioterrorism, chemical\nexposure, zoonotic disease transmission and mental health emergencies.\n\u201cpublic health\u201d means anything relating to the protection and improvement of the", + "disasters, outbreaks, epidemics, environmental hazards, bioterrorism, chemical\nexposure, zoonotic disease transmission and mental health emergencies.\n\u201cpublic health\u201d means anything relating to the protection and improvement of the\nhealth of people in the Republic through prevention, research, education, detection,\npolicy development, cure and promotion of healthy living styles;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n52 \u201cpublic institution\u201d means a covered entity, a state -owned enterprise, a public\ncorporation or a p ublic service entity and excludes the Government, Office of the\nPresident and Ministries;\n\u201cpublic morals\u201d means anything relating to shared social and ethical standards in the\nRepublic for the time being;\n\u201cpublic office\u201d includes an office whose emolument s are paid directly from the\nConsolidated Fund or directly out of moneys provided by Parliament and an office\nin a public corporation established entirely out of public funds or moneys provided\nby Parliament;\n\u201cpublic officer\u201d includes the holder of a publi c office and a person appointed to act in\nthat office;\n\u201cpublic or social media commentator\u201d means an individual who for whatever intended\npurposes, is known by a group of people for regularly sharing opinions, analysis or\nreactions, commentary on mass medi a trends, events and issues, articles, news,\npolitics, sociology, law, business, economics, public health, medicine or any\nspecialised field of study;\n\u201cpublic order\u201d means anything relating to public peace, public safety and the functioning\nof a place in t he Republic conducive for living and for the enjoyment of rights under\nthe Constitution;", + "politics, sociology, law, business, economics, public health, medicine or any\nspecialised field of study;\n\u201cpublic order\u201d means anything relating to public peace, public safety and the functioning\nof a place in t he Republic conducive for living and for the enjoyment of rights under\nthe Constitution;\n\u201cpublic rights\u201d means rights or claims under the Act that benefits the common interest\nof the public even it personally affects the aggrieved person or issuing party and is\nwhich right or claim is also determined by the type of sanction or remedy that is\nsought.\n\u201cpublic safety\u201d means the anything relating t o the protection of people in the Republic\nfrom events that cause violence, threat of harm, harm or injury or damage to\nproperty;\n\u201cpublic service entity\u201d means an entity funded by tax revenue of the Republic which\nprovides public services;\n\u201cpublic service s\u201d means a community -based service that is typically provided by the\nGovernment but which may be provided by private persons and includes services\nsuch as education, medical, healthcare, public health, sanitation, research, public\nsafety, transportation, s ocial services, housing and urban development, utilities and\nenvironmental protection;\n\u201cpublic trust\u201d means confidence that the people in the Republic have in a person to act\nhonestly, fairly and transparently;\n\u201cpublic welfare\u201d means the general well -being of the people in the Republic , including\nsocial, economic and psychological wellbeing.\n\u201cpublication\u201d means distributing a statement, material or content to the public;\n\u201creferendum\u201d means referendum under the C onstitution;\n\u201cRegulations\u201d means legislative instrument in respect of the Act;\n\u201crelevant authorities\u201d means authorities in charge of regulating that industry of sector;", + "\u201cpublication\u201d means distributing a statement, material or content to the public;\n\u201creferendum\u201d means referendum under the C onstitution;\n\u201cRegulations\u201d means legislative instrument in respect of the Act;\n\u201crelevant authorities\u201d means authorities in charge of regulating that industry of sector;\n\u201cremedy\u201d means a decision that that is intended to cure, correct or prevent unlawful\nconduct;\n\u201cReport\u201d means an informal allegation of wrong doing under the Act intended to draw\nthe Division \u2019s attention to the act or mission;\n\u201cRepublic \u201d means the sovereign State of Ghana including its territories;\nMISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION\nOF OTHER INFORMATION (MDHI) BILL , 2025\n53 \u201crepublish\u201d means to publish again, reprin t, reissue, reposting, co -publish, or repeat and\nfor the avoidance of doubt includes \u201cretweeting\u201d on X;\n\u201cresident\u201d means a person issued a resident permit by the Ghana Immigration Service\nor:\n(a) that person has been present in this country for an aggregate period of not less\nthan 183 days in any 12 -month period, regardless of temporary absences; and\n(b) has adopted living in the country for settled purposes as part of regular\nactivities.\n\u201crespondent \u201d means an offending party person representing the offending party who\nresponds to a Complaint.\n\u201csanction\u201d means a decision that is intended to discourage unlawful behaviour and\nincludes civil and criminal penalties;\n\u201cSMS\u201d means a system that enables the transmission, through a mobile network, of text\nmessages;\n\u201csocial media networking service\u201d means service related to social media;\n\u201csocial media\u201d means communication platforms through the internet that allow people", + "includes civil and criminal penalties;\n\u201cSMS\u201d means a system that enables the transmission, through a mobile network, of text\nmessages;\n\u201csocial media networking service\u201d means service related to social media;\n\u201csocial media\u201d means communication platforms through the internet that allow people\nto create and share information through text, video, photos and other content and\nincludes dating sites and platforms such as Facebook, X, WhatsApp, Snapchat,\nTiktok, Instagram and other similar platforms;\n\u201cstate -owned enterprise\u201d means an entity whether inc orporated or not under the\nCompanies Act, 2019 (Act 992) whose shares are wholly or substantially held or\ncontrolled by the Government;\n\u201cState\u201d means the Republic ;\n\u201cState Party\u201d means any country that has ratified, accepted or acceded to a treaty;\n\u201cstatem ent\u201d means any word (including abbreviation and initial), number, image\n(moving or otherwise), sound, symbol or other representation, Artificial Intelligence\ngenerated information, or a combination of any of these;\n\u201cstatutory board\u201d a Board established un der statute;\n\u201cstatutory law\u201d means an Act of Parliament or any other subsidiary legislation;\n\u201cSuperior Court of Judicature\u201d means the High Court of the Republic , the Court of\nAppeal of the Republic and the Supreme Court of the Republic ;\n\u201cterritory\u201d means area, including land, air space or water under the control or\njurisdiction of a State;\n\u201cthreat of harm\u201d means a statement of an intention to inflict pain, injury, damage or\nother hostile action or to cause fear of harm;\n\u201cUnit\u201d means a sub -division of the Division for administrative and enforcement\npurposes;\n\u201cVice -President\u201d means Vice -President of the Republic ;", + "\u201cthreat of harm\u201d means a statement of an intention to inflict pain, injury, damage or\nother hostile action or to cause fear of harm;\n\u201cUnit\u201d means a sub -division of the Division for administrative and enforcement\npurposes;\n\u201cVice -President\u201d means Vice -President of the Republic ;\n\u201cviolence\u201d means an intentional or unintentional use of physical force or power,\nthreatened or actual, against another person that either results in or has a real\nlikelihood in injury, death or psychological harm; and\n\u201cworker\u201d means a person who is engaged as an independent contract or provides\nservices to a person who is not his or her employer and includes a freelancer ." +] \ No newline at end of file diff --git a/assets/example_bills/mdhi-bill-2025/document.txt b/assets/example_bills/mdhi-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..dd4123d30b6a526cf2fbf1766cc7e6b0c2a8f375 --- /dev/null +++ b/assets/example_bills/mdhi-bill-2025/document.txt @@ -0,0 +1,1897 @@ +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +1 +ARRANGEMENT OF SECTIONS +Section +Overview of the Act +1. Object of the Bill +2. Scope of the Bill +3. Existing legislation +Principles o n the Right to Freedom of Speech and Expression and the Right to Privacy +4. Enforcement and interpretation of constitutional rights +5. Balancing private benefit against public benefit +6. Application and interpretation in favour of constitutional rights +7. Establishment of liability +8. Imposition of sanctions and grant of remedies +Instituti onal Framework +9. Establishment of the Division +10. Powers of the Division +11. Functions of the Division +12. Collaboration +13. Subdivisions +14. Director of the Division +15. Appointment of other staff +16. Ministerial Directive +Substantive Rules on Information +17. Information +18. Communication of information +19. False information +20. Control over the information +21. Exclusion of persons +Part III +Prohibition on publication of false information +22. Misinformation and Disinformation +23. Due diligence of the certainty or accuracy of information +24. Business misinformation or disinformation +25. Effects of misinformation and disinformation +26. Public interest +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +2 27. Misinformation or disinformation by or against the Government +28. Misinformation or disinformation against public institutions +29. Misinformation or disinformation by or against a government official or public +officer +30. Misinformation or disinformation against by or against a private individual or +private entity +31. False or inaccurate public health information +32. False or inaccurate election information +33. Sensationalism which lead s to inaccuracy +34. Evidence of effects of misinformation and disinformation +35. Communication made outside the territory +36. Defences for misinformation and disinformation +Part IV +Hate Speech and other forms of Indecent Expressions +37. Prohibition of hate speech +38. Definiti on of hate speech +39. Definition of hate speech +40. Control over the communication of hate speech +41. Hate speech that incites genocide or aggravated violence +42. Evaluation of hate speech +43. Other forms of indecent expressions +44. Liability for hate speech and other forms of indecent expressions +45. Guidelines and code of ethics on hate speech and other forms of indecent +expressions +Part V +Other Information +46. Disclosure of private facts +47. Definition of private facts +48. Publication of facts +49. Entertainment +50. Private facts of government officials, public officers, politician and celebrities +51. Persons who can claim +52. Data privacy breaches +53. Publication of confidential information concerning the Republic of Ghana +54. Categories of protected confidential info rmation +55. Publication of protected information +Part VI +Operational Framework +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +3 56. Complaint to the Authority +57. Response +58. Jurisdiction of the Authority +59. Findings and Decisions of the Authority +60. Enforcement of decisions of the Authority +61. Appeal against the Authority +62. Appeal against the Authority +Part VII +Sanctions and Remedies +63. Sanctions and Remedies +64. Correction Direction +65. Stop Communication Direction +66. Removal of Communication Direction +67. Service of Directions or Order +68. Non-compliance with a Direction +69. Removal of Account Request +70. Access Blocking Order +71. Monetary damages +72. Suspension or revocation of licence +73. Cease and Desist Order +74. Compliance Warnings +75. Administrative penalty +76. Criminal penalty +77. Offences by Entities +Part VIII +Rules affecting Stakeholders +78. Internet intermediaries +79. Internet intermediaries regulated in Ghana +80. Content Restriction +81. Algorithm and content moderation +82. Misinformation and disinformation risk assessment +83. Fact-checking +84. Training +85. Paid content +86. National security interventions +87. Regulations +88. Repeals, amendments and savings +89. Transitional provisions +90. Interpretation +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +4 A +BILL +ENTITLED +MISINFORMATION, DISINFORMATION, HATE SPEECH AND +PUBLICATION OF OTHER INFORMATION (MDHI) BILL , 2025 +An ACT to regulate the publication and spread of false information, hate speech and other +information relating to the disclosure of private facts and the publication of +confidential matters concerning the Republic , and for related matters. +Overview of the Act +Object of the Act +1. (1) The object of this Act is to protect individuals ; groups of persons ; private and public +institutions ; and the Government from harm, threat of harm , violence, fear, disrepute, +discredit, embarrassment, harassment, intimidation, ridicule, unrest, panic and disturbance +of the public peace caused by misinformation, disinformation, hate speech, the disclosure +of private facts and the publication of confidential matters concerning the Republic . +(2) In furtherance of its object in subsection (1), t he Act shall be applied to : +(a) prevent the publication and spread of false information, hate speech and other +information, disseminated within or outside the territory of the Republic ; +(b) control the publication and spread of false information, hate speech and other +information through internet intermediaries and digital advertising +intermediaries; +(c) suppress the commercialisation and financing of false information publication; +(d) undertake measures to be taken to detect, control and safeguard against conduct +that threaten the free flow and exchange of reliable information ; and +(e) impose sanctions and provide remedies in respect of liability for false and other +information . +Scope of the Act +2. (1) The Act covers the following: +(a) Misinformation; +(b) Disinformation; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +5 (c) Hate Speech; +(d) Public disclosure of private facts; and +(e) Publication of confidential information concerning the Republic . +(2) Nothing in this Act shall preclude a person from enforc ing existing common law +remedies in respect of misinformation and disinformation even where both actions run +concurrently. +(3) Notwithstanding subsection (2), the Court, Division or other adjudicatory body shall +take into consideration the relief sought, or the extent of a remedy granted or sanction +imposed or satisfaction for breach offered to the aggrieved party in respect of the same +facts forming the basis of misinformation and disinfor mation before another adjudicatory +body. +Existing legislatio n +3. (1) The Act shall be read together with the following enactments : +(a) Cybersecurity Division Act, 2020 (Act 1038) (Cybersecurity Division Act), +(b) Criminal Offences Act, 1960 (Act 29) (Criminal Offences Act), +(c) National Media Commission Act, 1993 (Act 449) (National Media Commission +Act), +(d) Data Protection Act, 2012 (Act 843), +(e) the National Communications Authority Act, 2008 (Act 769) (National +Communications Division Act), +(f) the Electronic Communications Act, 2008 (Act 775) (Electronic +Communications) Act) , +(g) the State Secrets Act, 1962 (Act 101) (State Secrets Act) +(h) the Political Parties Act, 2000 (Act 574) (Political Parties Act) +(i) the Security and Intelligence Agencies Act, 2020 (Act 1030) (Securities and +Intelligence Agencies Act) +(j) Presidential Office Act, 1993 (Act 463) (Presidential Office Act) +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +6 (3) Without limiting the effect of subsection (1), the Act shall not be interpreted to +usurp or limit the mandate of the National Media Commission . +Principles o n the Right to Freedom of Speech and Expression and the Right to Privacy +Enforcement and interpretation of constitutional rights +4. The Act shall be enforced and interpreted in accordance with the right to freedom +of speech and expression and the right to privacy under articles 21(1)(a) and 18(2) of the +Constitution, respectively and Chapter 12 of the Constitution. +Balancing private benefit against public benefit +5. In the application of the Act, the Court or Division (as the case may be) shall weigh +the private benefit of enforcing the right to freedom of speech and expression and/or the +right to privacy against the public benefit of protecting an individual, group of perso ns, +private or public institution from the harm caused by the false information, hate speech or +publication of other information. +Application and interpretation in favour of constitutional rights +6. (1) The Court or Division shall apply and/or interpret the Act in favour of the right to +freedom of speech and expression and right to privacy where the information under +consideration achieves a legitimate public benefit. +(2) For the purpose of subsection (1), information is of legitimate public benefit if that +information: +(a) is intended to expose or exposes a person or institution’s activities directly or +indirectly related to, or connected with the commission , or the reasonable +suspicion of commission of a crime under the laws of the Republic ; +(b) is intended to expose or exposes a Government or public -related matter that is +nationally dishonourable and inimical to values of probity and accountability; +(c) is intended to criticise or criticises the Government or public institut ion in +relation to the management of a public office or the performance of official +duties of a government official or public officer ; +(d) is intended to expose or exposes civil wrong doing done by or against an +individual, group of persons, private and public institutions or the Government; +or +(e) relates to a controversial public health opinion that is capable of being proven. +Establishmen t of liability +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +7 7. (1) The Court of the Division shall apply and/or interpret the Act to establish liability +against an individual, group of persons, private and public institutions or the Government +for misinformation, disinformation or publication of other information only whe re: +(a) liability promotes the rights and reputation of an individual, group of persons, +private or public institution, and protects national security, public order, public +safety, public health or public morals; +(b) liability was reached upon ascertaining that the public be nefit gained from +culpability of a person for contravening the Act outweighs a private benefit , +and there is no justification under section 7(2); and +(c) liability was determined by a fair and transparent criterion under the Act in +accordance with due process . +(2) In addition to subsection (1), the establishment of liability for hate speech shall be +in accordance with Part IV of the Act. +Imposition of sanctions and grant of remedies +8. (1) Where liability is established under this Act, the Court or the Division shall not +impose a sanction or grant a remedy for a non -compliance or for breach of conduct under +the Act unless the sanction or remedy is that which is necessary and proportionate in a +democratic society. +(2) In determining whether a sanction or remedy is necessary and proportionate, +regardless of the sanction or remedy stated in the Complaint, the Court or the Division +shall: +(a) justify the sanction or remedy against the evidence o f the harm caused to an +individual , group of persons or the public; +(b) determine whether the sanction or remedy is adequate under the circumstances to +achieve the object and purpose of this Act; and +(c) apply the least intrusive means of restriction considering the circumstances, the +rights involved and the desired result. +Institutional Framework +Establishment of the Division on Misinformation, Disinformation, Hate Speech +and Publication of Other Information. +9. (1) For the purpose of enforcement and implementation of this Act, the Division on +Misinformation, Disinformation, Hate Speech and Publication of Other Information is +hereby constituted by the authority of the Board of the Authority , pursuant to section 15 +of the National Communication s Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +8 (2) The Division shall give effect to the directives of the Minister where prescribed by +this Act or under any other law. +Powers of the Division +10. (1) The Division shall have power to publish its own internal rules to streamline its +functions under this Act. +(2) The Division shall have power to make findings of fact, establish liability and render +binding decisions on sanctions and remedies in respect of Compl aints or Reports under +the Act. +(3) The Division is not a body corporate with perpetual succession or a common seal +and shall only act through the Authority for the purpose of suing or being used. +(4) The Division may not , for the performance of its functions , acquire and hold +movable and immovable property and enter into a contract or any other transaction in its +own name. +Functions of the Division +11. (1) The Division shall: +(a) ensure and monitor compliance with this Act; +(b) promote the right to freedom of speech and expression by ensuring functional +transparency, fostering media literacy, providing verified information to the +public and undertaking educational programmes and initiatives on false and +other information; +(c) sensitise the public on the object and purpose of the Act, and the rights, +sanctions, remedies and defences under the Act; +(d) receive and investigate Complaints or Reports of non -compliance with this Act, +breach of conduct under the Act and make appropriate bindin g decisions +accordance with the Act; +(e) establish liability and impose sanctions or remedies that are necessary and +appropriate in a democratic society; +(f) implement the requirements for all relevant stakeholders under this Act; +(h) develop a national plan of action to address, monitor and report on the progress +of implementation of this Act and through the Minister to be submit ted to +Parliament; and +(i) advise the Minister on policy matters and any other matter relevant to the +implem entation of this Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +9 (2) The Division shall submit an annual report on false and other information under +the Act to the Minister . +Collaboration +12. (1) The Division shall work closely with the National Media Commission and other +public institution s in the execution of its functions. +(2) In the event of parallel roles between the Division and any other public institution , +the function s of the Division shall prevail for the purpose of implementing th is Act. +Administration of the Division s +Subdivisions +13. (1) The Division shall comprise of the following operational subdivisions : +(a) The Complaints and Investigation Subdivision +(b) The Public Information Desk and Outreach Subdivision +(2) The Complaints and Investigation Subd ivision shall be responsible for receiv ing +and investigating Complaints and Reports of non -compliance or breach of conduct under +the Act either by the instigation of a third -party or on its own accord, and making +appropriate binding decisions. +(4) The Public Information Desk and Outreach Subd ivision shall be responsible for +sensitising the public on the Act; providing information on request to the public ; providing +verified information to counter false information; and promoting the right to freedom of +speech and expression through educational programmes and initiatives on false and other +information. +Director of the Division +14. (1) The Division shall be headed by a Director appointed by the President in +accordance with article 195 of the Constitution. +(2) A person shall not be qualified for appointment as a Director of the Division unless +that person: +(a) has not less than 10 years of working experience in (i) telecommunications, (ii) +law, (iii) regulatory compliance, (iv) education (v) information studies or (vi) +human rights and +(b) is not directly or indirectly involved in the management of; or +(c) has no financial or commercial interest in a broadcasting network or media +house or internet intermediary operating within the territory of the Republic . +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +10 (3) The Director shall be appointed on the same terms and conditions as directors of +the existing Divisions of the Authority . +Appointment of other staff +15. The President shall in accordance with article 195 of the Constitution , appoint for +the Division , other officers and staff that are necessary for the proper and effective +performance of its functions. +Ministerial Directive +16. The Division shall be subject to the Minister ’s directives on matters at the level of +the Principal Authority , provided that the directive does not vary, amend, detract or add to +any right, liability, sanction, remedy or defence under this Act. +Substantive Rules on Information +Information +17. (1) In this section, the rules on information shall unless otherwise stated, apply only to +misinformation, disinformation and other information. +(2) Except for hate speech under this Act , a person shall only be liable under th is Act +for the communic ation or publication of information relating to or about facts which +contravenes the Act. +(3) Under this Act, a fact means a statement or material which can be verified as true +or false. +(4) Unless otherwise provided in this Act, the following does not constitute a fact under +the Act: +(a) opinions about facts including personal views, beliefs or value judgments ; +(b) commentary about facts including analysis, criticism or editorial content; and +(c) an objective interpretation of facts in good faith and supported by evidence. +(5) Unless otherwise provided in this Act, the following information shall not impose +liability on a person for false information and other information : +(a) public criticism or scrutiny of a governmental official or public offic er, relating +to the management of a public office or the official duties of a government +official or public offic er; +(b) public criticism or dissatisfaction about the provision of a service to the public; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +11 (c) information that is circulated as means of entertainment in a movie, song, +parody, skit or as a satire provided it does not amount to hate speech or a public +disclosure of a private fact ; +(d) clearly identified partisan news ; +(e) subject to provisions on hate speech , information that considered only insulting +or disrespectful; and +(f) true but imprecise information about a civil wrong or commission of a crime. +(6) For the purpose s of this Act, clearly identified partisan news means information +which is biased in its framing, lean ing towards a political ideology or adopts subjective +facts. +(7) For the purpose s of this Act, acts are considered only insulting or disrespectful if +they are p ersonally rude or unpleasant , but do not offend a group of people and do not +incite violence or threaten or expose that person to threat of harm. +Communication of Information +18. (1) In this Act, for the purpose of false information, hate speech and other information, +a statement or material relating to or about facts is communicated if it is made available to +one or more persons in the Republic by means stated in subsection (2). +(2) A statement or material relating to or about facts or is also communicated if it is +made available to one or more end -users in Republic on or through : +(a) internet; or +(b) MMS or SMS +(c) television or radio broadcast +(3) A statement or material relating to or about facts communicated under subsection +(1) and (3) shall include written words, sounds, signs, objects, images, videos including +Artificial Intelligence generated statements or materials. +(4) Except for the algorithmically generated information, a person does not publish +information in the Republic merely by doing any act for the purpose of, or that is incidental +to, the provision of : +(a) an internet intermediary service; +(b) a communication service; +(c) a service of giving the public access to the internet; or +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +12 (d) a computing resource service. +False information +19. (1) A statement or material is false if it is wrong, fake, misleading, deceptive, doctored, +whether wholly or in part, and whether on its own or in the context in which it appears . +(2) Information is false only if it can be disproven by verified and factual contrary +information . +(3) A statement or material is false even if it is a partial disclosure of truth provided +that the omis sion makes entire statement or material more misleading than true. +(4) Unless otherwise provided in this Act, the burden that the information is false lies +on the person alleging that the information is false which may include the Division where +appropriate. +Control over the information +20. (1) Except for hate speech under this Act , a person shall be made liable for +communication of information if that person ha s control over the information. +(2) A person has control over the information if that person: +(a) is the original disseminator of the information; +(b) is not the original disseminator of the information but retains authorship of the +original information; or +(c) used, instruct ed or guided another person or instrument to make the +publication; or +(d) is able to substantially dictate how that content of that information should be +framed, edited or published; or +(e) is able publish or remove content relating to the inf ormation without recourse +to the original author; or +(f) threatens, blackmails or compels another person to release the information. +(3) Nothing in this Act shall prevent an employee from being jointly or severally liable +with an employer who retains authorship of the information published in the course of +employment. +(4) Except for hate speech under this Act , a person who republishes information that +is already with in the public domain does not have control over the information. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +13 (5) Information is within the “public domain” if is already generally available to the +public and is available to every person to publish . +(6) For the avoidance of doubt, internet intermediaries do not have control over the +information except where a Direction, Order or Compliance Warning is issued against it. +(7) Despite subsection (6), the Division may submit a request for content restriction +on an internet intermediary where the Division decides that it is necessary and +proportionate in accordance with section 9 of this Act. +Exclusion of persons +21. (1) Subject to the Juvenile Justice Act, 2003 (Act 653), a person below the age of 1 2 +shall not be liable for non -compliance or breach of conduct under this Act. +(2) A person capable of being made liable under this Act who guides, advises, instructs, +commands, requests or blackmails a person below the age of 1 2 to engage in conduct that +is inconsistent with this Act shall be liable as the original disseminator of the information. +(3) Except for conduct criminalised, a parent or guardian of a child of below the age +of 12 years or a person responsible for ma king decisions on behalf of that child shall be +made liable for the child’s non -compliance on proof that the parent failed to take +reasonable steps to supervise the child’s activities. +(4) Unless otherwise stated, a person who is threatened, blackma iled or compelled to +release information that is non -compliant with , or contravenes the Act shall not be made +liable under this Act. +Prohibition on publication of false information +Misinformation and Disinformation +22. (1) Misinformation and disinformation is prohibited in Republic . +(2) Misinformation is the publication of false or inaccurate information regardless of +the intention to mislead. +(3) Disinformation is the publication of false or inaccurate information intended to +mislead, manipulate or guide people in a particular direction. +(4) A person shall be made liable for misinformation or disinformation if: +(a) the information is a false or inaccurate statement or material relating to or about +facts; +(b) that person is not excused from liability under the Act; +(c) the information is prejudicial to public interest under section []. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +14 (5) A person liable for misinformation or disinformation shall be subject to the +imposition sanctions and grant of remedies provided in section []. +Due diligence of the certainty or accuracy of information +23. (1) All persons publishing information that concern statement or material relating to +or about facts shall conduct necessary due diligence and verify the certainty or accuracy of +the information. +(2) Despite subsection (1), media houses, journalist s, politicians, academics, persons +with notoriety as influencers, persons known as public and social media commentators, +persons of the class as celebrities, popular product brands and multinational co mpanies +shall be held to a higher standard of due dilig ence. +(3) It is a defence under this Act that due diligence could not have revealed that the +information was false or inaccurate. +(4) A person shall not be liable under this Act by reason only that they did not conduct +necessary due diligence of the certainty or accuracy of the information. +(5) All persons are encouraged to publish reliable information to discredit false or +inaccurate information. +Business misinformation or disinformation +24. (1) A person shall not engage in the business of making, arranging, publishing false +information gratuitously or for financial reward , whether realised or not, or any other +benefit or gain. +(2) A person shall not solicit, receive or agree to receive any financial or other material +benefit as an inducement or reward for providing any service, knowing that the service is +or will be used in the communication of information that contravenes this Act. +(3) A person who earns a reputation publicly for constantly and incessantly publishing +false information which affects the public interest shall be presumed to be engaged in the +business or object of misinformation or disinformation. +(4) A person who engages in c onduct contrary to subsection (1), (2) and (3) shall be +subject to sanctions and/or be required to provide remedies under Part VII of this Act. +Public interest +25. (1) A person shall only be made liable for misinformation or disinformation under this +Act where it is in the public interest to do so. +(2) For the purposes of this Act, and without limiting the generality of the expression, +it is in the public interest to do anything if the doing of that thing is necessary or expedient : +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +15 (a) in the interest of the national security of the Republic or any part of the Republic ; +(b) to protect public health , the public trust, o r public finances, public welfare, or +to secure public safety , public morals or public order ; +(c) in the interest of friendly relations of Republic with other countries; +(d) to prevent any distorted influence of the outcome of presidential, parliamentary, +district assembly elections, unit committee elections, referendum or other +elections supervised by the Electoral Commission. +(e) to prevent incitement of feelings of enmity, hatred or ill -will between different +groups of persons; or +(f) to prevent a diminution of public confidence in the performance of any official +duty or function of, or in the exercise of any power by a public institution. +Misinformation or disinformation by or against the Government +26. (1) Subject to constitutional protections, t he Government shall have enforceable rights +against any person, and shall have rights enforced against it, in respect of misinformation +or disinformation under this Act. +(2) The Government shall exercise its enforceable rights under the Act provided that +the misinformation or disinformation does not concern the political party of the incumbent +Government. +(3) Notwithstanding subsection (3), a political party shall retain enforceable rights in +its own respects as an entity under this Act. +(4) The Government shall not exercise any enforceable rights under this Act by reason +only that the misinformation or disinformation are merely insulting to the President , Vice- +President or the Cabinet , as defined under section 17(7) of this Act . +(5) Subject to protections under the Constitution, an action for misinformation or +disinformation at the instance of the Government shall lie against a private individual or +private entity. +(6) For the avoidance of doubt, the respective offices of the Government affected by +the misinformation or disinformation shall bear the burden of proof in any case as may be. +Misinformation or disinformation against public institutions +27. (1) Subject to constitutional protections, p ublic institutions shall have enforceable +rights against any person, and shall have rights enforced against, in respect of +misinformation or disinformation under this Act +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +16 (2) Public institutions shall exercise its enforceable rights under this Act provided that +the misinformation or disinformation does not concern the political party of the incumbent +Government. +Misinformation or disinformation by or against a government official or public +officer +28. (1) All governmental official s or public officer s shall have enforceable rights against +any person, and shall have rights enforced against, in respect of misinformation or +disinformation under this Act for conduct against his or her office and in his or her own +personal capacity . +(2) A member of the judiciary, as a public off icer, shall have enforceable rights against +his or her office and in his or her own personal capacity. +(3) A candidate for elections shall have enforceable rights against any person, and shall +have rights enforced against, in respect of misinformation or disinformation under this +Act. +(4) An individual is a candidate for elections, if : +(a) he or she has publicly declared their candidature in presidential, parliamentary, +district assembly elections , unit committee elections or other elections +supervised by the Electoral Commission ; +(b) has been nominated or chosen as a candidate in any of the stated elections ; or +(c) is publicly known to contest in any of the stated elections . +Misinformation or disinformation against by or against a private individual or +private entit y +29. (1) Private individual s or private entit ies shall have enforceable rights against any +person, and shall have rights enforced against them, in respect of misinformation or +disinformation under this Ac t. +False or inaccurate public health information +30. (1) No person shall publish false or inaccurate information about public health in the +Republic , public health crisis occurring in the Republic or a pandemic declared by the +World Health Organisation. +(2) A person shall be deemed to have published false or inaccurate health information +where that person publishes unverified statements about public health administration in +the Republic , unsub stantiated medical statements or advice, unproven accounts about the +potency or otherwise of a drug or medicine approved by the relevant authorities. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +17 (3) Without limiting the effect of section 18(4), misinterpretation of a statement or +material relating to or about facts or opinions about public health crisis and pandemics +declared by the World Health Organisation constitutes misinformation or disinformation. +(5) Media houses, journalists and persons of the status of celebrities or influenc ers and +content creators who publish public health information shall be required to undertake +proper public health fact-checking in accordance with guidelines prescribed by the +Division . +(6) For the purposes of public health information, the burden o f proof of truth or +accuracy of the information lies on the person accused of publishing false or inaccurate +information or the offending party. +False or inaccurate election information +31. (1) No person shall publish false or inaccurate information about the Electoral +Commission, pre-election processes, voting day, collation of election results and election +results which is likely to influence or influence s the outcome of a general election to t he +office of President, a general election of Members of Parliament, a by -election of a Member +of Parliament, or a referendum . +(2) A person shall not connive, collaborate partner directly or indirectly with a country +or foreign organisation to publis h false or inaccurate election information about the +Republic ’s Electoral Commission, pre-election processes, voting day, collation of election +results and election results. +(3) The Division shall through the Ministry of Foreign Affairs and Regional Integration +swiftly engage diplomatic channels of the foreign country in question over the allegations +of false information. +(4) Subject to subsection (5), no person shall publish false inf ormation whether +financial, political or sexual scandal about a candidate for elections , or a false allegation +relating to a statement made or a stance taken by a candidate , which is likely to influence +or influence s the outcome of presidential, parliament ary, district assembly elections, unit +committee elections, referendum or other elections supervised by the Electoral +Commission. +(5) Information on a financial, political or sexual scandal about a candidate for elections +or allegation s relating to a statement made or a stance taken by that same candidate is not +false by reason only that the information was largely true but part of the information was +imprecise , and provided that the i mprecision does not make entire information +substanti ally untrue. +(6) Without limiting the effect of section 18(4), misinterpretation of a statement relating +to or about facts concerning the Electoral Commission, pre-election processes, voting day, +collation of election results election results which is likely to influence or influence s the +outcome of a general election to the office of President, a general election of Members of +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +18 Parliament, a by -election of a Member of Parliament, or a referendum , constitutes +misinformation or disinformation. +(7) Media houses, journalists and persons of the status of media influencers and content +creators who publish election information shall be required to undertake proper elec tion +information fact -checking in accordance with guidelines prescribed by the Division . +(8) For the purposes of election information, the burden of proof of truth or accuracy +of the information lies on the person accused of publishing false or inacc urate information +or the offending party . +Sensationalism which leads to inaccuracy +32. (1) The publication of otherwise accurate information by a media house with substantial +embellishments to a high degree that it causes the information that is not fiction or satire +to become inaccurate is prohibited. +(2) The test of what is sensational is whether the information is overly exaggerated and +evokes strong emotion and sentiment where the actual statement or material do not +reasonably evoke such em otions. +(3) For the avoidance of doubt, sensationalism is not prohibited , and this provision +shall not be interpreted to stifle creative expression. +Evidence of Misinformation and Disinformation +33. (1) A n aggrieved person or issuing party may submit the following as evidence of +misinformation or disinformation: +(a) evidence of the false or inaccurate information itself +(b) medical records +(c) financial records +(d) court records +(e) electronic records +(f) electronic records showing negative media coverage +(g) witness statements +(h) documented evidence of correspondence +(i) video evidence +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +19 (j) expert evidence +(k) surveys, polls, analytics +(l) metrics +(m) reports from regulatory bodies or fact -checking organisations +(n) scientific studies +(o) government data +(p) any other relevant evidence 5 +Communication made outside the territory +34. (1) Pursuant to subsection (3), the Court or Division shall jurisdiction over +communication made outside the Republic which contravenes this Act. +(2) A communication is made outside the Republic if it is made by a person who is +not physically present in the terri tory of Ghana, notwithstanding the communication was +made on an online location. +(3) With the exception of hate speech under subsection (6), t he Act shall have extra - +territorial effect only to the extent that the offending party or respondent is Ghanaian or +has been a resident in the Republic for a cumulative period of 2 years immediately +preceding the date of publication of the false information, hate speech or other +information. +(4) Communication or publication outside t he Republic over which the Court or +Division has jurisdiction under subsection (3) shall be deemed to be communication or +publication of a statement or material in the Republic . +(5) Where the offending party or respondent lives outside the Republic , the Division +shall engage mutual legal assistance for the enforcement of a sanction or remedy in that +country. +(6) For hate speech communicated outside the Republic against a citizen of Ghana , +the Act shall have extraterritorial effect regardless of the nationality or residence of the +offending part or respondent. +Defences for Misinformation and Disinformation +35. (1) In addition to other protections provided for in this Act, a person shall not be made +liable for misinformation and disinformation where: +(a) that person corrected or retracted that statement timeously and apologised ; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +20 (b) the false information was an inadvertent error and the offending party assumed +responsibilit y; +(c) the information is not likely to influence or did not influence the outcome of a +presidential, parliamentary, district assembly or unit committee election or +referendum, or other elections supervised by the Electoral Commission. +(d) under the circumstances, the statement of fact or material was not relied on or +it was not likely that people will take it seriously +(2) It shall not be a defence that the information was only inaccurate; however, it shall +apply for the purposes of a reduced sanction or remedy or diminution of a sanction. +(3) What is timeous under subsection 1(a) depends on the facts of each case. +Hate Speech and other forms of Indecent Expressions +Prohibition of Hate Speech +36. The communication or dissemination of hate speech in the Republic is prohibited. +Definition of Hate Speech +37. (1) Hate speech means any communication in speech, writing, behaviour or expression +that uses pejorative or discriminatory language which: +(a) vilifies, threatens, harasses, degrades, stigmatises, humiliates, discriminates or +(b) promotes negative feelings, hostility, attitudes or perceptions or +(c) incites hatred or violence +towards a group or class of people based on their race, ethnicity, colour, descent, religion, +sex, background, other identity factor. +(2) Hate speech may be based on facts, prejudice, bias, generalisations or stereotypes . +(3) A factual statement which incites threats, hatred, violence towards a group or class +of peopl e based on their way of life constitutes hate speech. +(4) Provided the hate speech affects an individual or group’s dignity, security, wellbeing, +reputation and status in society, it is immaterial that the offending party did not intend the +consequen ces of his or her actions. +(5) Communication circulated as means of entertainment in a movie, song, parody, skit +or as a satire that meets the threshold of hate speech in subsection (1) or (3) constitutes +hate speech under this Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +21 (6) A person shall not lose his or her rights under this part by reason only that the hate +speech targets that person in particular and not an entire group or class of people. +(7) A Complaint in respect of hate speech may be brought by one or more persons. +Communication of Hate Speech +38. The requirements of communication of information under section 18 shall apply to +hate speech. +Control over the communication of Hate Speech +39. (1) A person shall be made liable for communication of hate speech if that person had +control over the communication. +(2) A person has control over communication of hate speech if that person: +(a) is the original disseminator of the communication; +(b) disseminates, republishes or reproduces the communication ; +(c) is not the original disseminator of the communication but retains authorship of +the original communication; or +(d) used, instructed or guided another person or instrument to make the +communication; or +(e) is able to substantially di ctate how that content of that communication should +be framed, edited or published; or +(f) is able communicate or remove content relating to the communication without +recourse to the original author; or +(g) threatens, blackmails or compels another person to release the communication. +Hate Speech that incites genocide or aggravated violence +40. (1) In accordance with section 49A of the Criminal Offences Act, hate speech that +incites genocide is a criminal offence punishable under the Criminal Offences Act. +(2) Hate speech that that is likely to incite aggravated violence or incites aggravated +violence is a criminal offence under this Act and which sanction shall be imposed in +accordance with section [] of this Act. +(3) For the purpose of this section , violence is aggravated if it is violence that is +heightened in a way that leads to or is capable of leading to serious harm motivated by +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +22 hatred or resentment that targets a group or class of people based on their race, ethnicity, +colour, descent, religion, sex, background, other identity factor. +Evaluation of hate speech +41. (1) Only the Courts or the Division have the mandate to substantively evaluate a +communication alleged to be hate speech. +(2) In evaluating whether a communication amounts to hate speech to establish liability +and the applicable sanctions or remedies for it, the Division or the Court shall determine +whether the communication incites hatred or violence by looking at: +(a) the entire content of the communication ; +(b) the tone and context of the communication ; +(c) the potential impact of the speech in terms of reach ; +(d) the purpose of the communication ; +(e) the people who are targeted ; and +(f) nature and gravity of the communication. +Other forms of indecent expressions +42. (1) The following indecent expressions which do not incite hatred but target a group +of people are prohibited: +(a) ethnic slurs and derogative commentary of a group of people; and +(b) inflammatory statements may reasonably provoke violence of a group of people . +(2) The communication and control over the communication for hate speech under +section s 39 and 40 respectively shall apply to indecent expression under this section . +(3) In evaluating whether a communication is an indecent expression, except for +determining that the communication incites hatred or violence, the criteria in section 42(2) +shall apply. +(4) Unless otherwise stated, and except for provisions under section s 37 to 42, +reference to hate speech shall include other forms of indecent expression. +Liability and enforceability for hate speech and other forms of indecent expressions +43. (1) All persons including a private individual or private institution, a public institution +or a Government or public official may be liable for hate speech . +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +23 (2) Subject to actions in representative cap acity, o nly individuals or groups of +individuals affected by hate speech have enforceable rights under hate speech. +Guidelines and code of ethics on h ate speech and other forms of indecent +expressions +44. (1) The Guidelines on Hate Speech and other forms of Indecent Expressions issued +by the National Peace Council shall be instructive in assessing hate speech and other forms +of indecent expressions. +(2) The following Guidelines and Code of Ethics shall be given due consideration in +assessing hate speech and other forms of indecent expressions: +(a) National Media Commission Guidelines for Political Journalism; +(b) National Media Commission Guidelines for Local Language Broadcasting; +(c) The Ghana Journalists Association Code of Ethics; +(d) The Ghana Independent Broadcasters Association Code of Conduct; +(e) Private and Newspaper Publishing Independent Association Code of Ethics; +and +(f) Commission on Human Rights & Administrative Justice Code of Conduct for +Public Office Holder. +Other Information +Disclosure of private facts +45. (1) No person shall disclose a private fact about a person’s life that is not generally +known to the public or publicly available. +(2) A public disclosure is any direct or indirect publication of information relating to +or about facts in respect of a pe rson, including commentary about private facts, opinions +about private facts, innuendos and insinuations. +(3) A person shall be liable where the information and circumstances of its disclosure +clearly identifies a person with or without a publicat ion of name or pseudonyms or photo +or description of a person to whom the information reasonably relates. +(4) No person shall be made liable under this section unless the disclosure of the private +fact is deemed offensive, repulsive, embarrassing or shameful to a reasonable person. +(5) In making a determination in subsection (3), the Division or the Court shall weigh +the legitimate public concern or newsworthiness of the information. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +24 (6) Information is of legitimate public concern or is newsworthy if it: +(a) reveals the commission of a civil wrong under the laws of the Republic ; +(b) relates to a private fact about a government official or public officer which is +likely to adversely affect national security, public interest, public trust, public +safety, public order or public security; +(c) it reveals a public health risk to other persons in respect of an infectious disease +spread by contact or touch, disclosed by persons wi th the Division to disclose +under the Public Health Act, 2012 (Act 851); or +(d) concerns the welfare of a child. +(7) Where the information is of legitimate public concern or is newsworthy, a person +who discloses the information shall only disclose what is necessary in the public interest, +and such person may be liable for disclosing partly private facts which were not necessary +in the public interest. +Definition of p rivate facts +46. (1) A private fact is an intimate detail of a person’s life that is not generally known and +is expected to be kept private and shall include facts about: +(a) family life; +(b) physical or mental health; +(c) health choices or decisions; +(d) personal finances unless there is a duty to declare or there is suspicion of +illegitimacy or illegality; +(e) relationships unless abusive or exploitative; and +(f) personal choices that do not personally affect any other person. +(2) The following information shall not be considered private facts under this part: +(a) information held in public or official records; +(b) information about the com mission of a crime except that a person shall not +publish obscene material that relates to the commission of a crime pursuant to +sections 66 , 67 and 68 of the Cybersecurity Act; +(c) information about the birth or death of a person; +(d) information about the celebration or dissolution of a marriage; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +25 (e) information about one’s educational background, education or professional and +academic achievements ; +(f) information about a person’s admission as a member to a recognised soci ety in +the Republic ; and +(g) information about the employment, profession, work or vocation of individual +unless it concerns a matter of national security under the Securities and +Intelligence Act, 2020 (Act 1030) (Securities and Intelligence Act) . +Public ation of facts +47. (1) A disclosure is public if it published by whatever means of communication adopted +under section 18 and that information becomes known by one or more persons. +(2) Information is under the control of a person in the manner stated in section 20 of +this Act. +(3) It shall be immaterial that as a result of conduct of the aggrieved person in the +society, or because the information was known by another per son or group of persons, the +publication could not have been a public disclosure of private facts. +(4) The person to whom the private fact relates should not have consented to the +disclosure of the information. +(5) “Consented to information” under this part means freely disclosed the information +or agreed to the disclosure of specific information for a specific purpose or duration. +(6) Nothing shall preclude a person from revoking consent at any time. +Entertainment +48. A person shall not disclose a private fact in the name of entertainment in mass media +whether as a parody, skit or satire. +Private facts of private individuals, government officials , public officers, politician +and celebrities +49. (1) A person may be liable for the publication of private facts about an individual or +group of individuals where that information is deeply personal and does not or is not likely +to adversely affect national security, public interest, public trust, public safety or public +order or public security. +(2) A person may be liable for the publication of private facts about a government +official or public officer or politician where that information is deeply personal and does +not or is not likely to adversely affect national s ecurity, public interest, public trust, public +safety or public order or public security. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +26 (3) A person may be liable for the publication of private facts about a person of the +status of a celebrity or influencer or a content creator in the Republic where that +information is deeply personal and does not or is not likely to adversely affect the public +trust, or does not or is not likely to expose public exploitation by the celebrity , influencer +or content creator . +Persons who can claim +50. (1) Subject to the Division ’s power to submit Complaints on behalf of aggrieved +persons or issuing parties and actions in representative capacity , only individuals affected +by the publication may make a claim for disclosure of private facts. +(2) An estate of a deceased may hold a person liable for publication of private facts +about a deceased person. +Data privacy breaches +51. Nothing shall bar a person from pursuing a remedy for breach of protection of personal +or special personal data protection u nder the Data Protection Act. +Publication of confidential information concerning the Republic +52. (1) A person shall not publish confidential information concerning the Republic . +(2) Information is confidential to the Republic under this section if that information: +(a) belongs to the State or is in the custody of the State; and +(b) is not publicly available as to the precise content; and +(c) is not meant to be shared with the public at a specific time or indefinitely; and +(d) contains sensitive material that affect or concern public security or public welfare +or diplomatic interests. +Categories of protected confidential information +53. (1) Information that is confidential to the State is protected and includes the following: +(a) information about public proceedings held in camera; +(b) information relating to criminal investigations which would prejudice the outcome +of the ca se; +(c) information relating to Cabinet communications; +(d) information about sensitive economic Government data and plans; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +27 (e) information about emergency response plans; +(2) Information that is meant to be eventually released is protected information where +its premature release affects public security, public welfare or diplomatic interests. +(3) Information is not protected if it intended to expose the commissi on of a crime +under the laws of the Republic . +(4) Information that is subject to the Right to Information Act is not protected. +Public ation of protected information +54. (1) A disclosure is public if it published by whatever means of communication adopted +under section 18 and that information becomes known by one or more persons. +(2) Information is under the control of a person in the manner stated in section 20 of +this Act. +Operational Framework +Complaint to the Division +55. (1) Any person who has enforceable rights under this Act may file a Complaint to the +Division in the manner specified by the Division in respect of rights that have been or, is +likely to be contravened in relation to him or her. +(2) A Complaint may be filed on behalf of an aggrieved person by the issuing party +provided that: +(a) aggrieved person is identified in the com plaint; and +(b) the issuing party has a relational connection with the aggrieved person. +(3) A Complaint may be filed by a person as a claim in respect of public rights. +(4) A child shall not be competent to file a Complaint by him or herself and shall act +by his or her next friend; +(5) A child shall not be competent to respond to a Complaint by him or herself and +shall act by his guardian ad litem . +(6) Upon receipt of a Complaint, the Division shall within 2 working days make a +preliminary inquiry into whether it has jurisdiction into the Complaint and shall determine +whether a complaint has any merit. +(7) A Complaint has merit where it c ontains an allegation of fact in respect of non - +compliance and breach of conduct under the Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +28 (8) Upon establishing jurisdiction and merit, the Division shall make findings of fact +and liability or otherwise and render its decisions on the basis o f the complaint. +(9) Every Complaint shall indicate the following: +(a) the basis for the assertion that the information or communication is unlawful; +(b) the description of the allegedly unlawful information or communication; and +(c) the remedy or sanction sought. +(10) Despite subsection (1), a person may file an anonymous or person identifiable +Report to the Division setting out an account of non -compliance or breach of conduct +under the Act only for the information of the Division , and the Division shall exercise its +discretion depending on facts and evidence in the Report. +(11) All persons present in the Republic may file a Complaint or Report. +Response +56. (1) Where the Division has determined that it has jurisdiction and the Complaint has +any merit, the Division shall immediately forward the Compliant and a statement of its +jurisdiction and merit to the offending party and the offending shall be given the +opportunity to respond to a Complaint in writing or by oral presentation, whichever they +choose. +(2) The offending party shall respond to the Complaint within 2 working days of receipt +of the Complaint. +(3) Where the offending party does not respond within the timeframe, the Division +shall proceed with the Complaint and determine the matter based on case of the aggrieved +person or issuing party. +(4) Where the offending party responds to a Comp laint or Report, the Response shall +indicate any of the following: +(a) whether the respondent accepts and concedes to the Complaint; or +(b) whether the respondent accepts the complaint but has an explanation; or +(c) whether the respondent refutes and defends the information or communication. +(5) Where a Response intends to provide a defence it shall indicate the following: +(a) the basis for the assertion that the information or communication lawful; and +(b) the description of the allegedly unlawful information or communication. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +29 +Jurisdiction of the Division +57. (1) Subject to subsection (2), the Division shall have jurisdiction over all matters of +non-compliance or breach of conduct under this Act. +(2) The Division shall not have quasi -adjudicatory jurisdiction over: +(a) hate speech that incites aggravated violence; +(b) allegation of non -compliance or breach of conduct against the Government; +(c) allegation of non -compliance or breach of conduct filed by the Government +against a person; +(d) monetary damages; and +(e) misinformation or disinformation which attracts criminal sanction . +(3) Despite subsection (2), the Division shall have referral jurisdiction in the absence +of its adjudicatory jurisdiction and may submit a Complaint on behalf of a person who has +enforceable rights under this Act directly before the Court, where the Division is of the +opinion that the matter is relevant to the public interest. +(4) “A matter is relevant to the public interest” if, provided the Government is not the +aggrieved person: +(a) the allegation att racts a criminal penalty under this Act; or +(b) the allegation concerns a matter that has obtained significant public traction . +(5) In all cases falling under subsection (3) and ( 4), the Division must be satisfied that +the Complaint has merit. +(6) No person shall submit a case under this Act directly to the Court unless the +Division does not have jurisdiction. +Findings and Decisions of the Division +58. (1) The Division shall fairly and independently assess the merits of each Complaint +submitted to it. +(2) The Division shall establish liability where it is just and right to do so and shall +impose sanctions and remedies that are necessary and proportionate to the n on-compliance +or breach of conduct. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +30 (3) Except for exceptional cases, the Division may make its findings of fact and liability +in respect of a Complaint and shall render its decision on the applicable sanctions or +remedies or otherwise no later than 10 working days of receipt of the Complaint. +(4) In exceptional cases, the Divisi on shall, depending on the severity of the Complaint +and the extent of harm or threat of harm caused by the information or communication, +expedite its processes for making its findings and rendering its decision. +(5) Pursuant to subsection (4), the Division shall aim to submits its findings and +decisions within 5 working days of receipt of the Complaint. +Enforcement of decisions of the Division +59. (1) The decisions of the Division shall be binding on all parties to the complaint. +(2) The decisions of the Division shall be complied by the parties to it failing which the +sanction s under administrative and criminal penalties may apply . +(3) For the purpose of enforcing and giving effect to its decisions, the Division shall +make such orders and directions as may be necessary in respect of the parties or other +persons. +Appeal against the Division +60. (1) A person who is aggrieved by finding of fact, liability or decision of the Division +may appeal to the High Court against the finding of fact, liability or the decision of the +Division in the person of the Authority. +(2) A further right of appeal shall lie at the Court of Appeal only. +(3) An a ppeal may only be made to High Court within 30 days of the decision on the +complaint or such period as may be prescribed by Rules of Court , whichever is earlier. +(4) The High Court must hear and determine any such appeal and may either confirm , +vary or set it aside a finding of fact or liability or a decis ion of the Division . +(5) The High Court may only set aside a finding of fact or liability or a decision of the +Division on any of the following grounds on an appeal: +(a) the respondent was not responsible for the communication or information; or +(b) the evidence does not support the finding of fact; or +(c) the communication or information was permissible under the Act; or +(d) it is not technically possible to comply with the decision of the Division . +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +31 (6) A Complaint or Report that is the subject of an appeal under subsection (1) remains +in effect despite the appeal, and only ceases to have effect if it is set aside by High Court +or the appellate court on appeal from the High Court . +(7) Despite subsection (6), if the appellant establishes a prima facie case that it is +technically impossible to comply with the decision of the Division , the High Court may +direct that the decision be stayed pending determination of the appeal. +Jurisdic tion of the H igh Court +61. (1) The High Court shall have appellate jurisdiction in respect of findings of fact, +liability and decisions of the Division . +(2) The High Court shall have original jurisdiction in all respect of matters of non - +compliance or breach of conduct under the law where the Division does not have +jurisdiction. +(3) Appeals from the High Court’s exercise of original jurisdiction under th is Act shall +lie at the Court of Appeal and a further appeal shall lie at the Supreme Court. +Sanctions and Remedies +Sanctions and Remedies +62. (1) Where the Court or Division makes a finding of fact and establishes liability against +a person for non -compliance or breach of conduct under the Act, it may issue any of the +following decisions as sanctions and/or remedies where appropriate: +(a) a Correction Direction +(b) a Stop Communication Direction +(c) a Removal of Communication Direction +(d) a Removal of Account Request +(e) an Access Blocking Order +(f) monetary damages +(g) Cease and Desist Order +(h) suspension or revocation of licence +(i) an administrative penalty +(j) a criminal penalty +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +32 (2) The Minister shall have no power to instruct the Court or the Division to issue a +decision under this Act. +(3) The Court or Division may impose more than one sanction or grant more than one +remedy if it is necessary and proportionate. +(4) Despite subsection (3), the Division may recommend the imposition of additional +sanctions or grant of remedies to aggrieved party to the Government or public institution +in respect of non -compliance or breach of conduct by a government official or public +officer. +(5) Where the information or communication has been removed, deleted or retracted, +nothing shall prevent the Court or Division from granting an appropriate remedy or +imposing a sanction in respect of the wrong done. +(6) Nothing shall prevent the Division from publishing verified and true information +to counter false information, and the requirement of verifiable information under section +40 shall apply to the Division . +Correction Direction +63. (1) The Court or Division may issue a Correction Direction against a person to correct +misinformation, disinformation or hate speech. +(2) A Correction Direction is one issued to a person who is liable for misinformation +disinformation or hate speech , requiring the person to communicate in the Republic in the +specified form and manner, to a specified person or description of persons (if any), and by +the specified time, a notice (called a correction notice) that contains one or both of the +following: +(a) a statement, in such terms as may be specified, that the information is false, or +that the specified material contains a false statement of fact; +(b) a statement in such terms as may be specified, that the information is injurious +to public interest or public security; +(c) a specified statement of fact, or a reference to a specified location where the +specified information or communication may be found, or both. +(2) A Correction Direction may require the person to whom it is issued to communicate +in the Republic a cor rection notice in a specified location. +(3) Where the consequences of the misinformation, disinformation or hate speech are +extreme, a Correction Direction may also require the person to whom it is issued to do one +or both of the following: +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +33 (a) to communicate in the Republic the correction notice by placing it in the +specified proximity to every copy of information or communication that is +communicated by the person ; +(b) to publish the correction notice in the specified manner i n a specified +newspaper or other printed publication of the Republic . +(4) Provided there is evidence, a person who is liable under this Act may be issued a +Correction Direction even if the person does not know or has no reason to believe that +the information is false or the communication amounts to hate speech. +(5) A person who is issued a Correction Direction is responsible for the costs of +complying with the Direction. +(6) Nothing shall prevent a person from seeking monetary damages i n addition to a +Correction Direction. +Stop Communication Direction +64. (1) The Court or Division may issue a Stop Communication Direction against a person +to correct misinformation, disinformation or hate speech. +(2) A Stop Communication Direction is one issued to a person who is liable under the +Act, requiring the person to stop communicating in the Republic , the subject information +or communication by a specified time. +(3) A Stop Communication Direction may also require the person to whom it is issued +to stop communicating any statement or material that is substantially similar to the subject +of the information or communication . +(4) Stop communicating, in relation information or communication , means taking the +necessary steps to ensure that the statement is no longer available through verbal +communication or a physical medium or the internet to end -users in the Republic . +(5) A Stop Communication Direction may als o require the person to whom it is issued +to do one or both of the following: +(a) to communicate in Republic , a correction notice in the specified form and +manner, to a specified person or description of persons (if any), and by the +specified time; +(b) to publish a correction notice in the specified manner in a specified newspaper +or other printed publication of the Republic . +(6) Provided there is evidence, a person who is liable under this Act may be issued a +Stop Communication even if the person does not know or has no reason to believe that +the information is false or the communication amounts to hate speech. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +34 (7) A person who is issued a Correction Direction is responsible for the costs of +complying with the Direction. +(8) Nothing shall prevent a person from seeking monetary damages in addition to a +Stop Communication Direction. +Removal of Communication Direction +65. (1) The Court or Division may issue a Stop Communication Direction against a person +to correct misinformation, disinformation or hate speech where necessary, in addition to +other Directions under this part. +(2) A Removal of Communication Direction is one issued to a person who is liable +under the Act, requiring th at person remove or take down the information or +communication in the Republic by a specified time from an online location . +(3) A Removal of Communication Direction may also require the person to whom it is +issued to remove any statement or material that is substantially similar to the subject of the +information or communication . +(4) Removal of communication , in relation information or communication , means +taking the necessary steps to ensure that the statement or material is no longer available on +or through the internet to end -users in the Republic . +(5) A Removal of Communication Direction may also require the person to whom it +is issued to do one or both of the following: +(a) to communicate in Republic , a correction notice in the specified form and +manner, to a specified person or description of persons (if any), and by the +specified time; +(b) to publish a correction notice in the specified manner in a specified newspaper +or other printed publication of the Republic . +(6) A third -party intermediary shall not be compelled to remove content of a person; +however, the Court or Division may req uest a restriction of content in accordance with an +intermediary’s content restriction policy. +(7) Provided there is evidence, a person who is liable under this Act may be issued a +Removal of Communication even if the person does not know or has no reason to believe +that the information is false or the communication amounts to hate speech. +(8) A person who is issued a Removal of Communication Direction is responsible for +the costs of complying with the Direction. +(9) Nothing shall prevent a person from seeking monetary damages in addition to a +Removal of Communication Direction. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +35 +Service of Direction s or Order +67. (1) A Direction or Order shall be served in on outside the Republic by such means as +may be prescribed: +(a) on the person to whom it is issued; or +(b) on a person in the Republic that the person to whom it is issued has appointed to +accept service on the person’s behalf. +Non -compliance with a Direction +68. (1) Unless otherwise provided in this Act, a person to whom a Direction or Order is +issued and served and who, without reasonable excuse, fails to comply with the Direction +or Order whether in or outside the Republic , the Division shall issue a Complianc e +Warning. +(2) Where a person other than a person licensed by the Authority fails to comply with +a direction after three Compliance Warnings, the Division may: +(a) issue a request a Removal of Account Request in accordance with section 69 of +this Act; or +(b) issue an Access Blocking Order in accordance with section 70 of this Act; or +(c) impose an administrative penalty in accordance with section [] of this Act. +(3) It is not a defence to under this section that: +(a) the person is subject to a duty under any written law, any rule of law, any +contract or any rule of professional conduct, that prevents the person from +complying with any part of a Direction or restricts the person in such +compliance; or +(b) the person has appealed against the Direction. +(4) A person licensed by the Authority who fails to comply with a Direction after three +Compliance Warnings, is liable to pay to the Division , an administrative penalty of one +thousand penalty units and a further one hundred penalty units for each day the default +continues. +(5) A person licensed by the Authority that fails to comply with subsection (4) risks +suspension or revocation of its licence. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +36 (6) No civil or c riminal liability is incurred by the person or an officer, employee or +agent of the person, for doing or omitting to do any act, if the act is done or omitted to be +done with reasonable care and in good faith and for the purpose of complying with or +giving effect to the Direction. +Removal of Account Request +69. (1) Only internet intermediaries shall ultimately decide whether to remove an online +account in accordance with their content moderation policies. +(2) The Court or Division shall refrain from imposing duties on internet intermediaries +to proactively monitor online content or intermediary liability regimes that incentivise +overbroad censorship. +(3) Despite subsection (2) and (3), the Division or Court may issue a Removal of +Account Request of an online account on a foreign or Ghanaian regulated internet +intermediary on an online location where the Division or Court has jurisdiction , and that +person has deliberately failed to comply with a Direction or Order under this Act after +receiving three Compliance Warnings. +(4) Without limiting the effect of subsection (3), the Division or Court shall not request +for the removal of an account of a politician or known public or social commentator. +Access Blocking Order +70. (1) An Access Blocking Order shall be issued where: +(a) a person fails to comply with a Direction or Order ; and +(b) the subject statement or material is being communicated in the Republic by +the person on an online location except an internet intermediary ; and +(c) the misinformation or disinformation or hate speech is prejudicial to the friendly +relations between the Republic and other countries; or +(d) the misinformation or disinformation unjustifiably projects the Republic as a +defaulter of international law; and +(e) the Court or Division is satisfied that one or more end -users in the Republic +have used or are using the services of an internet service provider licensed by +the Authority to access that online location. +(2) The Court or Division may direct the Authority to order the internet service +provider to take reasonable steps to disa ble access to the online location (called in this +section an Access Blocking order ). +(3) An internet service provider that does not comply with any Access Blocking Order +after three Compliance Warnings, is liable to pay to the Division , an administrative penalty +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +37 of five hundred thousand penalty units and a further one fifty penalty units for each day +the default continues. +(4) An internet service provider that fails to comply with subsection (4) risks suspension +or revocation of its li cence. +(5) No civil or criminal liability is incurred by an internet access service provider or an +officer, employee or agent of such provider, for anything done or omitted to be done with +reasonable care and in good faith in complying with any access blocking orde r. +Monetary damages +71. (1) An aggrieved person or issuing party may seek monetary damages either alone or in +addition to other remedies or sanctions under the Act. +(2) The Court shall grant monetary damages where the extent of the damage caused by +the information or communication cannot be effectively remedied only by the other +remedies or sanctions under the Act. +(3) Despite subsection (2), monetary damages may be awarded in respect of the +following: +(a) false or inaccurate election information +(b) public disclosure of private facts +(c) publication of confidential information concerning the Republic +(4) Monetary damages awarded under this section may be: +(a) general +(b) special +(c) punitive +(5) The Minister may prescribe the scope, extent and range of monetary damages for +non-compliance or breach of conduct under the Act. +Suspension or revocation of licence +72. (1) The Division may recommend to the Authority , the suspension or revocation of +licence of person licensed by the Authority where: +(a) that person fails to comply with a Direction or Order of the Court or Division +after three Compliance Warnings an d has not paid the administrative penalty; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +38 (b) that person fails comply with fact -checking requirements under this Act after +three Compliance Warnings and has not paid the administrative penalty; or +(c) has become notorious for publishing false o r other information and the Division +has issued a compliance warning. +(2) The Authority may suspend or revoke a licence on grounds of non -compliance with +the directive of the Authority in accordance with the procedure set out regulations 119 and +120 of the National Communications Regulations, 2003 (LI 1719). +Cease and Desist Order +73. (1) The Court or Division may issue a Cease and Desist order against a person who is +engaged or is de emed to be engaged in the business of publication of false or other +information. +(2) A person who fails to comply with a Cease and Desist order shall be subject to an +administrative penalty without a Compliance Warning. +Compliance Warnings +74. (1) The Division shall issue a Compliance Warning to a person for failure to comply +with a Direction or Order within 5 working days of first issuance of the Direction or Order +and in exceptional cases, 2 working days. +(2) The Division may issue a C ompliance Warning where upon its own investigations +or by a Report, it comes to the notice of the Division that a person is contravening the Act. +(3) The Compliance Warning shall direct the person against whom it is issued to +comply with the direct ions stated therein. +(4) A Compliance Warning shall expire: +(a) upon the compliance by the person against whom it is issued; or +(b) upon the taking of further action by the Division in respect of the matter; or +(c) where the Division decides that it is no longer necessary. +(5) A person against whom a Compliance Warning is issued may respond to the +Division and justify the basis of their action or omission. +Administrative penalty +75. (1) Except otherwise provided in this Act, a person shall be subject to an administrative +penalty for failing to comply with a Compliance Warning or an Order of the Division . +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +39 (2) Unless otherwise specified, an individual who fails to comply with a Direction or +Order after a Compliance Warning is issued three times is liable to pay to the Division , an +administrative penalty of one hundred penalty units and a further twenty units for each day +the default continues. +(3) Unless otherwise specified, in the case of an entity, the head of the management of +the entity who fails to comply with a Direction or Order after a Compliance Warning is +issued three times is liable to pay to the Division , an administrative penalty of five hundred +penalty units and a further one hundred units for each day the default continues. +(4) Subsection (2) and (3) shall apply without prejudice to any other sanction or remedy +available to the aggrieved person or issuing party in respect of the matter; +(5) A person liable for the disclosure of public facts and publication of confidential +information concerning the Republic shall pay an administrative penalty of five thousand +penalty units w here that person been given the opportunity to comply with the Directi on +or Order within 30 days of notice of first issuance. +Criminal penalty +76. (1) A person who communicates or publishes false information with malicious intent, +knowing it to be false , or having reasonable belief in the falsity of the statement which +causes public harm, violence , fear, unrest or public disturbance shall be liable to a criminal +penalty , provided the information concerns or affects the public interest. +(2) A person w ho is liable under subsection (1) commits a misdemeanour shall be +subject to a fine not less than two hundred penalty units and not more than five hundred +penalty units, or a term of imprisonment of not more than 1 month, or both. +(3) Information causes public harm if on the evidence, the misinformation or +disinformation leads to: +(a) loss of funding for the Government or public institution; +(b) loss of human capital including strikes; +(c) significant reputational damage; +(d) law suits or sanctions on that public institution; or +(e) inability for the Government or public institution to perform its function . +(4) Information causes violence if on the evidence, the misinformation or +disinformation leads to intentional or unintentional use of physical force or power, +threatened or actual, against another person that either results in or has a real likelihood in +injury, death or psychological harm. +(5) Information causes fear if on the evidence, the misi nformation or disinformation: +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +40 (a) creates urgency and alarm about health or national security risk, the commission +of a crime, natural disaster or economic meltdown occurring in the Republic +which is not real or apparent; or +(b) causes anxiety about t he threat to a person’s life or their welfare; or +(c) causes anxiety about the administration and/or management of a public +institution or ; +(d) signals danger about a violent or disruptive event which is not real or apparent; +or +(e) creates widespread danger about an unknown or uncertain situation. +(6) Information causes unrest if on the evidence, the misinformation or disinformation +when it leads to: +(a) agitation or panic in the Republic ; or +(b) widescale protests outsi de or within the Republic related to or connected to the +information; or +(c) riot or unlawful assembl y in the Republic ; or +(d) widespread public or private layoffs in the Republic ; or +(e) ethnic and religious division or conflict in the Republic ; +(7) Information causes public disturbance if on the evidence, the misinformation or +disinformation leads to: +(a) widespread shock or mental distress in the Republic ; or +(b) widespre ad public uncertainty or confusion about a health risk or emergency +alert in the Republic or that may affect the Republic ; or +(c) widespread anxiety about change in public policy in the Republic . +(8) A person who is liable for hate speech that incites aggravated violence commits a +second degree felony offence and is liable on conviction to a fine of not less than five +hundred penalty units and not more than one thousand penalty units or to a term of +imprisonment of not less than three months and not more than twelve months or to both. +(9) A person commits a criminal offence under the Act where that person is liable for +publication of private facts or publication of confidential information concerning the +Republic and: +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +41 (a) fails to comply with a Direction or Order within 30 days of its first issuance; +and +(b) fails to comply with a Compliance Warning within 30 days of its first issuance . +(10) An individual who commits a criminal offence under subsection (9) commits a +misdemeanour and is liable on summary conviction to a fine of not less than two hundred +penalty units and not more than five hundred penalty units . +Offences by Entities +77. (1) Where, in a proceeding for an offence under this Act, it is necessary to prove the +state of mind of a n entity in relation to a particular conduct, evidence that an officer, +employee or agent of the entity engaged in that conduct within the scope of the actual or +apparent Division of the officer, employee or agent; and the officer, employee or agent had +that state of mind, is evidence that the entity had that state of mind. +(2) Where a n entity commi ts an offence under this Act, a person who is an officer of +the entity ; or an individual involved in the management of the entity and in a position to +influence the conduct of the entity in relation to the commission of the offence; and who: +(a) consented to effect the commission of the offence; is in any other way, whether +by act or omission, knowingly concerned in, or is party to, the commission of +the offence by the entity ; or +(b) knew or ought reasonably to have known that the offenc e by the corporation +(or an offence of the same type would be or is being committed, and failed to +take all reasonable steps to prevent or stop the commission of that offence, +commits the same offence as the entity , and shall be liable on conviction to be punished +accordingly. +(3) Nothing shall bar the prosecution of an employee or worker who is personally liable +for the commission of an offence under this part but is neither an officer of the entity or +in ch arge of the management of the entity or in a position to influence the conduct of the +entity in relation to the commission of the offence . +Rules affecting stakeholders +Internet intermediaries +78. (1) Internet intermediaries shall not be liable for third -party content in circumstances +where they have not been involved in creating or modifying that content. +(2) Internet intermediaries shall not be made strictly liable for hosting third -party +content which contravenes this Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +42 (3) Internet intermediaries shall not be required to evaluate the legality of third -party +content or proactively monitor content. +Internet intermediaries regulated in Ghana +79. (1) Notwithstanding that a Removal of Account Request may be issued to all internet +intermediaries, only internet intermediaries regulated by the Authority or other relevant +authorities are amenable to this Act. +(2) For the purpose of this Act, except as otherwise mentioned, internet intermediaries +mean Ghanaian regulated internet intermediaries throughout this Act. +(3) The content moderation policies of an internet intermediary shall not conflict with, +or contravene any part of this Act. +Content restriction +80. (1) Internet intermediaries are not required to restrict content unless a Direction, Order +or Compliance Warning has been issued by the Court or Division that has determined that +the material contravenes this Act. +(2) Except where the internet intermediary modified the content, a Direction, Order +or Compliance Warning shall not be issued against an internet intermediary unless: +(a) the third -party who published the information or communication has failed to +comply with a Direction, Order or a Compliance Warning; and +(b) the information or communication negatively impacts the Republic ’s diplomatic +interests or friendly relations with other countries. +(3) A Direction, Order or Comp liance Warning issued against an internet intermediary +to restrict its content must: +(a) describe the content and provide a determination that the content is unlawful; +(b) provide evidence sufficient to support the order; and +(c) indicate the time period for which the content should be restricted +(4) Any sanction imposed on an internet intermediary or any remedy required of an +internet intermediary must be necessary and proportionate and directly correlated to the +intermediary’s wrongful behaviour in failing to appropriately comply with a Dir ection or +Order or Compliance Order. +(5) An internet intermediary who fails to comply with a Direction, Order or Compliance +Warning to restrict content may be liable to: +(a) monetary damages or +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +43 (b) administrative penalty +(6) Despite subsection (1), and subject to the content restriction policy of an internet +intermediary, a person may flag illegal content or request content restriction on an internet +intermediary. +(7) No internet intermediary may be compelled by t he Court or Division to remove the +account of a third -party. +(8) For the purpose of this section , content restriction means any act that leads to or has +the effect of removing, pulling down, amending, limiting, blocking or regulating access to +content or communication on mass media. +Algorithm and content moderation +81. (1) Media houses with online locations and internet intermediaries shall be required to +carry out an annual human rights due diligence to identify and address human rights +impacts related to their operations, including risks and abuses linked to their algorithmic +systems and content moderation or arising from their business model as a whole. +(2) The Division shall issue a Compliance Warning for failure to comply with subsectio n +(1) and upon further failure to comply, the internet intermediary shall be liable to pay to +the Division , an administrative penalty of five hundred penalty units and a further one +hundred penalty units for each day the default continues. +Misinformation and disinformation risk assessment +82. (1) All Ministries, public institutions, media houses and internet intermediaries shall +perform an annual misinformation and disinformation risk assessment and take +corresponding risk mitigation measures stemming from the design and use of their service. +(2) The Division shall issue a Compliance Warning for failure to comply with +subsection (1) and upon further failure to comply, the internet intermediary shall be liable +to pay to the Division , an administrative penalty of five hundred penalty units and a further +one hundred penalty units for each day the default continues. +Fact-checking +83. (1) Media houses, journalists, internet intermediaries, digital advertising intermediaries, +content creators and persons of the status of celebrity or influencer shall be required to +fact-check before publishing information. +(2) Media houses and intermediaries shall set up fact -checking desks to counter +misinformation and disinformation. +(3) Persons licensed by t he Authority shall undertake annual fact -checking compliance +with the Division and shall be issued fact -checking certification valid for the calendar year. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +44 (4) Where fact -checking is required of a person under the Act, the Division shall issue +a Compliance Warning for failure to comply with subsection (1) and upon further failure +to comply, the internet intermediary shall be liable to pay to the Division , an administrative +penalty of five hundred penalty units and a further one hund red penalty units for each day +the default continues. +(5) Fact -checking certification shall be a prerequisite for the renewal or continued +validity of licence issued by the Authority . +Training +84. (1) All Ministries, and selected public institutions by Ministerial Directive, media houses +and internet intermediaries shall be required to provide bi -annual in -house training on +publication of false and other information under the Act. +(2) The Division shall issue a Compliance Warning for failure to comply with +subsection (1) and upon further failure to comply, the entity shall be liable to pay to the +Division , an administrative penalty of two hundred penalty units and a further one hundred +penalty unit s for each day the default continues. +(3) A person who is licensed by the Authority shall not be granted a renewal of licence +if that person has failed to provide two years of bi -annual training, whether or not one of +the two annual trainings was pro vided. +Paid content +85. (1) A digital advertising intermediary , persons of the status of celebrity or influencer, +content creator must take reasonable steps to ensure that any paid content does not lead +to non -compliance or breach of conduct under this Act. +(2) The Division shall issue a Compliance Warning for failure to comply with +subsection (1) and upon further failure to comply, the person shall be liable to pay to the +Division , an administrative penalty of one hundred penalty units and a further one hundred +penalty units for each day the default continues. +National security interventions +86. (1) Subject to the Security and Intelligence Agencies Act, the National Security Council +and the National Intelligence Bureau shall not investigate, arrest or detain persons for non - +compliance or breach of conduct under this Act. +(2) The Police Serv ice shall only intervene: +(a) in the event of criminal prosecution under this Act and +(b) where their presence necessary for the enforcement of a sanction under this Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +45 (3) Where the alleged misinformation or disinformation concerns a serious crime under +the Security and Intelligence Agencies Act, it shall be the prerogative of the National +Intelligence Bureau to gather intelligence in relation to that serious crime for the purpose +of its work. +Miscellaneous provisions +Regulations +87. The Minister may, by legislative instrument, make Regulations: +(a) on specific matters relating to internet intermediaries and content restriction; +(b) on specific measures related to algorithm and content moderation; +(c) to prescribe the procedure for collaboration with other public institutions; +(d) to prescribe matters related to administrative decision -making; +(e) on codes of practice; +(f) generally, on matters for the effective implementation of the Act. +Repeals , amendments and savings +88. (1) The following provisions are repealed: +(a) Section 208(1) and (2) of the Criminal Offences Act; +(b) Section 74 of the Electronic Communications Act; +(2) The Electronic Communication Act is amended in section 76 by the substitution +for subsection (1), of : +“[a] person who by means of electronic communications service, knowingly sends a +communication which constitutes misinformation or disinformation under the +Misinformation, Disinformation, Hate Speech and Publication of Other Information Act +which is likely to prejudice the efficiency of life saving service or to endanger the safety of +any person, ship, aircraft, vessel or vehicle commits an offence and is liable on summary +conviction to a fine of not more than three thousand penalty units .”. +Transitional provisions +89. (1) All criminal prosecutions in respect of section 208 of the Crim inal Offences Act +and section 74 of the Electronic Communications Act shall cease upon the coming into +force of this Act. +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +46 (2) All criminal proceedings in respect of section 76 (1) of the Electronic +Communications Act shall cont inue provided t hat the new penalty shall apply at any stage +before sentencing. +90. Interpretation +In this Act, unless the context otherwise requires , +“aggrieved person” a person whose rights have been infringed under the Act; +“Artificial Intelligence” is technology that enables computers and machines to simulate +human learning, comprehension, problem solving, decision -making, creativity and +autonomy , and for the purpose of misinformation or disinformation includes +deepfakes, bots and manipulated algorithms ; +“algorithm” means a set of instructions designed to accomplish a task; +“an academic” means an individual whether or not on sabbatical leave who: +(a) was/is employed in a university or research institution and +(b) was/is of the status of emeritus professor, professor, lecture r, deputy or +assistant lecturer including research fellows; +“Attorney -General” means Minister responsible for the Ministry of Justice and +Attorney -General’s Department; +“Division ” means the Division on Misinformation, Disinformation, Hate Speech and +Public ation of Other Information established under section 9 of this Act; +“Board” means a governing board formed under a statute; +“business” means a professional, informal, commercial or industrial activity with the +aim of producing goods or a service whether or not profit is realised; +“by-election” means an election held in a single constituency to fill a vacate position; +“celebrity” means an individual who is widely and publicly known by people in the +Republic , and is famous for recognition in entertainment, fashion, modelling, arts, +sciences, medicine, architecture, invention, engineering, law, sports, reality shows, +business, philanthropy or politics, and does not include an individual who is solely +recognised as a public or social media commentator, content creator, digital +advertising intermediary or influencer; +“child” means a person under the age of 18 years; +“civil society organisations” means non -governmental, non -profit entities with +humanitarian objectives and includes human rights organisations, prof essional +associations, charitable organisations, faith -based foundations, community groups +and non -governmental organisations. +“civil wrong” means an act or omission which gives to rise to a civil cause of action; +“Cabinet” means the President, Vice -Presi dent and Ministers of State; +“Code of Ethics” means other instruments for assessing liability of hate speech ; +“common law” means as established by article 11(2) of the Constitution, rules of law +generally known as the common law, the rules generally known as the doctrines of +equity and the rules of customary law including those determined by the Superior +Court of Judicature; +“communicate” means to publish a statement or a material in the Republic ; +“communication means” means publication of a statement or ma terial in the Republic ; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +47 “communication service” means a communication service provided by a +communication network under the National Communication Division Act; +“Complaint” means a formal allegation of wrong doing under the Act directly affecting +an aggrie ved person and seeking a sanction or remedy under the Act; +“computing resource service” means a service that provides the use of any computer +hardware or software to enhance the processing capability or storage capacity of a +computer; +“Constitution” means the 1992 Constitution of the Republic ; +“content creator” means an individual publicly known for professionally (part -time, as +a freelancer or full -time) creating, producing and distributing original content on +mass media for personal b randing, business marketing, entertainment or education +whether monetised or not, including a vlogger or blogger or an individual who holds +him or herself out as a content creator; +“content” means visual and verbal information communicated or published on mass +media and intended for public consumption, and includes texts, news, reports, +documentaries, photos, songs, videos, films, movies, skits, parodies, satires, talk +shows, editorials, public announcements; +“content moderation” means the process of review ing third -party content generated on +online locations to ensure it meets certain internationally accepted standards and +guidelines; +“Court” refers to the High Court or other appellate court with jurisdiction over the +matter; +“covered entity means: +(a) constitu tional bodies; +(b) Legislative and Judiciary; +(c) Ministr ies, Departments, Agencies and local authorities; +(d) statutory bodies +(e) the autonomous agencies; and +(f) the public service; +“crime” means a criminal offence under the laws of the Republic ; +“customary international law” means international obligations arising from consistent +conduct of States (State practice) and belief that they are acting in accordance with +a legal norm or that it is legally required ( opinion juris) ; +“decision of the Division ” means an imposition of a sanction or a grant of a remedy; +“digital advertising intermediary” means any person who, in the ordinary course of +business, facilitates the communication of paid content in any place by acting as the +link or part of the link between the owners or op erators of online locations , +advertisers and service providers by means of internet -based service; +“diplomatic channels” means other than mutual legal assistance, correspondence with +foreign ministries, diplomatic missions or international organisations; +“diplomatic interests” means economic, cultural and political interests of the Republic +in relation to other countries; +“Direction” means a Correction Direction, a Stop Communication Direction or a +Removal of Communication Direction; +“dissemination” means the act of spreading communication after initial communication; +“Division” means a division of the Authority under the National Communication +Division ; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +48 “due diligence” means investigating and confirming the veracity of information; +“Electoral Commission” m eans the Electoral Commission of Ghana responsible for +public elections in Ghana; +“employee” means, whether or not written contract exists and whether or not +regularised, an individual who is appointed or hired permanently or for a specific +period to perfo rm a service for another individual or entity for compensation +whether on a continuous, part -time, temporary or casual basis, and who is under +the control and direction of that individual or entity; +“employer” means a person who appoints or hires an emplo yee; +“enforceable rights” means a right or claim or cause of action under this Act that can +be enforced against a person or a group of people before the Division or Court; +“entity” means an organisation, institution, company, establishment, partnership +whether incorporated or not and includes the Government; +“existing law” means written and unwritten laws of the Republic of the Ghana as they +existed immediately before the coming into force of this Act; +“fact” means information that be verified as true or f alse or inaccurate, and does not +include opinions or interpretations; +“fact-checking” means the process of verifying the truth or factual accuracy of a +statement or material with or without the assistance of an instrument; +“family and friends” mean a group of people who are closely connected to an individual +though blood ties or strong personal relationships; +“freelancer” means a person who is not employed by another person but earns +compensation for executing assignments from different persons. +“friendly relations” means international relations that promote world peace and security; +“funds” means the Consolidated Fund, the Contingency Fund, funds provided by the +Authority and Parliament and any other fund established by or under an Act of +Parliament; +“Gazette” means official publication of legal notice by the Ghana Publishing Division ; +“general election” means presidential and parliamentary elections in the Republic held +every 4 years since 1992; +“Ghanaian” means a citizen of Ghana; +“Governing Board” m eans the governing board of the Authority established under +section 6 of the National Communications Authority Act; +“government official” means senior members of the executive, including the President, +Vice-President, Ministers of State, senior presidentia l staffers, including members +of Boards; +“Government” means any Division by which the executive Division of the Republic is +exercised including the Office of the President and Ministries; +“group of persons” means a collective number of individuals and/or e ntities; +“guardian ad litem ” means a person who acts the representative of a child who is an +offending party; +“Guidelines” means Guidelines on Hate Speech and other forms of Indecent +Expression issued by the National Peace Council; +“harm” means injury caused by a statement of an intention to inflict pain, injury, damage +or other hostile action or to cause fear of harm or caused by violence; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +49 “inaccurate information” means information that is incorrect or incomplete by reason +of an omission or misstatemen t, and unless otherwise provided includes false +information, misinformation and disinformation; +“individual” means a single human being distinct from a group; +“infectious disease” means diseases are caused by pathogenic microorganisms, such as +bacteri a, viruses, parasites or fungi; the diseases can be spread, directly or indirectly, +from one person to another. +“influencer” means an individual with mass media presence who has the ability to +engage their audience and affect marketing power, behaviours o r purchasing +decisions through regular posts, comments, endorsements or collaborations +because of their knowledge, Division , position or relationship with their audience; +“information” means communication of a statement or material, regardless of the form +or medium which informs or suggests anything or scenario to a person; +“international human rights standards” means internationally recognised legal rights and +restrictions outlined in treaties ratified by the Republic , declarations, interpretations +and gu idelines, and customary international law; +“international organisation” means an entity established under treaty or international +law and possessing legal personality under international law; +“internet access service provider” means an internet service pro vider licensed by the +Authority ; +“internet intermediary service” means : +(a) a service of transmitting such materials to end -users on or through the internet; +or +(b) a service that allows end -users to access materials originating from third parties +on or through the internet; +(c) a service of displaying, to an end -user who uses the service to make an online +search, an index of search results, each of which links that end-user to content +hosted or stored at a location which is separate from the location of the index +of search results, but excludes any act done for the purpose of, or that is +incidental to, the provision of : +(d) a service of giving the public access to the internet; +(e) a computing resource service; +Examples of internet intermediary services are; social networking services; search +engine services; content aggregation services; internet -based messaging services; +and video -sharing services ; +“issuing party” means a person making a Complainant on behalf of an aggrieved party; +“institution” means an establishment, organisation, agency, department or body; +“instrument” means anything adapted to perform a function and incl udes computer +programmes generally and computer programmes altered to perform automated +functions; +“journalist” means a person, whether appointed as an employee or worker, whose work +is to collect, prepare and or distribute real news through mass media or a person +who is recognised as a journalist in the Republic ; +“Judiciary” means the judicial service of Republic ; +“law suit” means any legal action against a person whether before a court of law or +quasi -judicial body; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +50 “mass media” means channels of public c ommunication, storage and sharing of +information and includes newsletters, newspapers, pamphlets, magazines, radio, +movies, television, books, blogs, webcast, email and social media; +“material” means anything that consists of or contains a statement; +“media house” means an entity whether licensed or not, engaged in the business of +gathering, creating, producing, distributing and managing news, entertainment and +content and communicating to the public through mass media; +“Member of Parliament” means an individual elected in a general or by -election to +represent a constituency in the Republic whether or not that seat is contested in a +court of law; +“Minister” means the Minister responsible for Communications; +“Minister of State” means a person appointed t o a high -office of the executive by the +President for the administration of the Republic including a Deputy Minister; +“Ministry” means a principal decision -making body of the executive branch that +exercises executive Division and implements policies on b ehalf of the Government +and is headed by a Minister of State; +“Ministerial Directive” means a directive or instruction of the Minister under this Act; +“MMS” means a system that enables the transmission, through a mobile network, of +multimedia messages; +“multinational companies” means a company that operates in more than one country +or State; +“mutual legal assistance” means a process by which countries seek and provide +assistance to other countries in the servicing of official documents and gathering +eviden ce for investigating and prosecuting criminal cases; +“National Intelligence Bureau” means the internal intelligence agency of the Republic +under sections 12 and 14 of the Security and Intelligence Agencies Act; +“national security” means anything relating t o sovereignty, territorial integrity, +constitutional order, terrorism, organised crime, espionage and cyber threat; +“National Security Council” means National Security Council established under article +83 of the Constitution and section 1 of the Securities and Intelligence Agencies Act; +“news agency” an entity whether licensed or not, engaged in the business of gathering, +creating, producing, distributing and managing news and communicating it to the +public through mass media; +“next friend” means a person w ho acts as the representative of a child who is an +aggrieved person; +“Office of the President” means the seat of the executive, including Office of the Vice - +President and presidential staff appointed under the Presidential Office Act +“Office of the Vice -President” means the seat of the executive responsible for carrying +out the functions of the Vice -President; +“office” means specific job or position held by a public officer or governmental official +“officer” means person of Division in entity or a person w ho holds an executive +position; +“officers” +“official duty” means responsibility imposed on governmental official or public officer +in accordance with the law; +“online account” means an account created with an internet intermediary for the use of +an internet intermediary service; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +51 “online location” means any website, webpage, chatroom or forum, or any other thing +that is hosted on a computer and can be seen, hear d or otherwise perceived by +means of the internet; +“opinion” means a judgement, viewpoint, feeling or belief about someone or something; +“Order means” Access Blocking Order or Cease and Desist Order; +“other information” means the unjustified public disclo sure of private facts or the +publication of confidential matters concerning the Republic ; +“paid content” means any statement that is communicated for consideration; +“Parliament” means the Parliament of the Republic , and also referred to as Legisla ture +in this Act; +“people’ means more than one individual or entity; +“person” means an individual or entity; +“Police Service” means the Police Service of Ghana established under article 200 of the +Constitution; +“political party” means a free association o r organisation of persons, one of whose +objects may be to bring about the election of its candidates to public office or to +strive for power by the electoral process and by this means to control or influence +the actions of government , registered under the Political Parties Act; +“politician” means: +(a) an individual who is a high -ranking member of a political party that is not in +Government; +(b) an individual who is seeking political office an elected government official; and +(c) a Member of Parliament;. +“pre-election processes” means procedures involved in organisation including voter +registration, nomination of candidates and campaigning; +“President” means President of the Republic ; +“presidential staff” means individuals appointed by the President to work within the +Office of the President and Vice -President to carry out executive functions +“Authority ” means the National Communications Division ; +“print media” includes newspapers, magazines, catalogues, calendars, reports, books, +brochures and any print publication; +“private individual” means an individual that is a not government official or public office +or closely associated with the Government; +“private institution” means an entity that operates independently of government +control, whether or not a public institutio n has a share interest in the institution, +and regardless of whether it provides public services; +“private person” means an individual or entity; +“public benefit” means any positive impact on a large number of people in the Republic ; +“public corporation” means a body corporate established under an Act of Parliament in +accordance with article 192 of the Constitution; +“public finances” means money, expenditure, capital, debt relating to the Republic ; +“public health crisis” means a health emergency that affec ts the public, including natural +disasters, outbreaks, epidemics, environmental hazards, bioterrorism, chemical +exposure, zoonotic disease transmission and mental health emergencies. +“public health” means anything relating to the protection and improvement of the +health of people in the Republic through prevention, research, education, detection, +policy development, cure and promotion of healthy living styles; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +52 “public institution” means a covered entity, a state -owned enterprise, a public +corporation or a p ublic service entity and excludes the Government, Office of the +President and Ministries; +“public morals” means anything relating to shared social and ethical standards in the +Republic for the time being; +“public office” includes an office whose emolument s are paid directly from the +Consolidated Fund or directly out of moneys provided by Parliament and an office +in a public corporation established entirely out of public funds or moneys provided +by Parliament; +“public officer” includes the holder of a publi c office and a person appointed to act in +that office; +“public or social media commentator” means an individual who for whatever intended +purposes, is known by a group of people for regularly sharing opinions, analysis or +reactions, commentary on mass medi a trends, events and issues, articles, news, +politics, sociology, law, business, economics, public health, medicine or any +specialised field of study; +“public order” means anything relating to public peace, public safety and the functioning +of a place in t he Republic conducive for living and for the enjoyment of rights under +the Constitution; +“public rights” means rights or claims under the Act that benefits the common interest +of the public even it personally affects the aggrieved person or issuing party and is +which right or claim is also determined by the type of sanction or remedy that is +sought. +“public safety” means the anything relating t o the protection of people in the Republic +from events that cause violence, threat of harm, harm or injury or damage to +property; +“public service entity” means an entity funded by tax revenue of the Republic which +provides public services; +“public service s” means a community -based service that is typically provided by the +Government but which may be provided by private persons and includes services +such as education, medical, healthcare, public health, sanitation, research, public +safety, transportation, s ocial services, housing and urban development, utilities and +environmental protection; +“public trust” means confidence that the people in the Republic have in a person to act +honestly, fairly and transparently; +“public welfare” means the general well -being of the people in the Republic , including +social, economic and psychological wellbeing. +“publication” means distributing a statement, material or content to the public; +“referendum” means referendum under the C onstitution; +“Regulations” means legislative instrument in respect of the Act; +“relevant authorities” means authorities in charge of regulating that industry of sector; +“remedy” means a decision that that is intended to cure, correct or prevent unlawful +conduct; +“Report” means an informal allegation of wrong doing under the Act intended to draw +the Division ’s attention to the act or mission; +“Republic ” means the sovereign State of Ghana including its territories; +MISINFORMATION, DISINFORMATION, HATE SPEECH AND PUBLICATION +OF OTHER INFORMATION (MDHI) BILL , 2025 +53 “republish” means to publish again, reprin t, reissue, reposting, co -publish, or repeat and +for the avoidance of doubt includes “retweeting” on X; +“resident” means a person issued a resident permit by the Ghana Immigration Service +or: +(a) that person has been present in this country for an aggregate period of not less +than 183 days in any 12 -month period, regardless of temporary absences; and +(b) has adopted living in the country for settled purposes as part of regular +activities. +“respondent ” means an offending party person representing the offending party who +responds to a Complaint. +“sanction” means a decision that is intended to discourage unlawful behaviour and +includes civil and criminal penalties; +“SMS” means a system that enables the transmission, through a mobile network, of text +messages; +“social media networking service” means service related to social media; +“social media” means communication platforms through the internet that allow people +to create and share information through text, video, photos and other content and +includes dating sites and platforms such as Facebook, X, WhatsApp, Snapchat, +Tiktok, Instagram and other similar platforms; +“state -owned enterprise” means an entity whether inc orporated or not under the +Companies Act, 2019 (Act 992) whose shares are wholly or substantially held or +controlled by the Government; +“State” means the Republic ; +“State Party” means any country that has ratified, accepted or acceded to a treaty; +“statem ent” means any word (including abbreviation and initial), number, image +(moving or otherwise), sound, symbol or other representation, Artificial Intelligence +generated information, or a combination of any of these; +“statutory board” a Board established un der statute; +“statutory law” means an Act of Parliament or any other subsidiary legislation; +“Superior Court of Judicature” means the High Court of the Republic , the Court of +Appeal of the Republic and the Supreme Court of the Republic ; +“territory” means area, including land, air space or water under the control or +jurisdiction of a State; +“threat of harm” means a statement of an intention to inflict pain, injury, damage or +other hostile action or to cause fear of harm; +“Unit” means a sub -division of the Division for administrative and enforcement +purposes; +“Vice -President” means Vice -President of the Republic ; +“violence” means an intentional or unintentional use of physical force or power, +threatened or actual, against another person that either results in or has a real +likelihood in injury, death or psychological harm; and +“worker” means a person who is engaged as an independent contract or provides +services to a person who is not his or her employer and includes a freelancer . \ No newline at end of file diff --git a/assets/example_bills/mdhi-bill-2025/metadata.json b/assets/example_bills/mdhi-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..997f1a161881e972f970f8a3559eb7b0d566b4c9 --- /dev/null +++ b/assets/example_bills/mdhi-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:18:17.085957+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/MISINFORMATION-DISINFORMATION-HATE-SPEECH-1.pdf", + "document_hash": "0768b32e1cfecb23ad05fcce3399bf5d07c00e4f43b92db5ee45518cc8f5b007", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/national-communications-authority-bill-2025/analysis.json b/assets/example_bills/national-communications-authority-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..272f1e359e8a5a4de6825b410f0d6b3a297f13f9 --- /dev/null +++ b/assets/example_bills/national-communications-authority-bill-2025/analysis.json @@ -0,0 +1,77 @@ +{ + "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.", + "bill_summary": [ + "Establishes the National Communications Authority (NCA) as a corporate body to regulate, license, and monitor communication services.", + "Grants the NCA authority over spectrum, numbering, and orbital resources, with a mandate to enforce quality standards and promote competition.", + "Creates a Board of Directors with diverse expertise, including representation from security, media, and communications sectors, and mandates gender balance.", + "Outlines financial independence for the NCA, including tax exemptions, borrowing powers, and oversight of accounts by the Auditor-General.", + "Requires the NCA to issue guidelines, resolve disputes, and ensure compliance with universal access and local content policies.", + "Imposes transparency obligations on Board members, including disclosure of interests and public access to a register of interests.", + "Empowers the Minister to issue policy directives but limits their scope to non-technical matters, preserving the NCA's operational independence." + ], + "implementation": [ + { + "stakeholder": "Board of Directors", + "obligation": "Disclose registrable interests, avoid conflicts of interest, and ensure compliance with code of conduct.", + "implementation_burden": "Administrative burden of maintaining transparency and avoiding conflicts with private sector ties.", + "risk_or_note": "Risk of disqualification or revocation of appointment for non-compliance." + }, + { + "stakeholder": "Communication service providers", + "obligation": "Comply with licensing requirements, quality of service standards, and dispute resolution processes.", + "implementation_burden": "Costs of adherence to regulations, potential delays in service approvals, and penalties for non-compliance.", + "risk_or_note": "Increased regulatory scrutiny and liability for service disruptions or consumer complaints." + }, + { + "stakeholder": "National Communications Authority", + "obligation": "Maintain financial transparency, audit records, and public reports; enforce spectrum and licensing rules.", + "implementation_burden": "Resource-intensive oversight of a growing sector, potential conflicts in balancing industry interests and public welfare.", + "risk_or_note": "Risk of political interference despite independence provisions." + }, + { + "stakeholder": "Consumers", + "obligation": "Report service issues or disputes to the NCA for resolution.", + "implementation_burden": "Dependence on NCA's effectiveness in addressing grievances and enforcing service quality.", + "risk_or_note": "Potential delays in dispute resolution if NCA lacks capacity or resources." + } + ], + "critique": [ + { + "issue": "Concentration of regulatory power in the Board of Directors with potential conflicts of interest.", + "why_it_matters": "Board members include representatives from sectors with commercial ties to the communications industry, risking biased decision-making.", + "recommendation": "Mandate stricter conflict-of-interest rules and independent verification of disclosures." + }, + { + "issue": "Ambiguity in the Minister's policy directive authority.", + "why_it_matters": "The Minister can issue directives on 'matters of policy,' which may overlap with the NCA's operational functions, creating regulatory friction.", + "recommendation": "Clarify the scope of policy directives to ensure they do not encroach on technical or operational mandates." + }, + { + "issue": "Lack of safeguards against regulatory overreach in dispute resolution.", + "why_it_matters": "The NCA can resolve disputes between providers and consumers, but no clear process is outlined for appeals or judicial oversight.", + "recommendation": "Establish an independent appeals mechanism or reference to existing judicial frameworks." + } + ], + "swot": { + "strengths": [ + "Centralized oversight ensures consistent regulation of a fragmented sector.", + "Mandate to promote universal access and local content supports inclusive growth.", + "Financial independence (tax exemptions, borrowing powers) enables long-term planning." + ], + "weaknesses": [ + "Board composition risks conflicts of interest due to industry representation.", + "Potential delays in dispute resolution due to reliance on NCA's internal processes.", + "Ambiguity in the balance between Ministerial policy directives and NCA autonomy." + ], + "opportunities": [ + "Streamlined licensing and spectrum allocation could attract foreign investment.", + "Focus on innovation and local R&D may position Ghana as a regional tech hub.", + "Universal service policies could expand digital access in rural areas." + ], + "threats": [ + "Regulatory capture if Board members prioritize industry interests over public welfare.", + "High compliance costs for SMEs and startups may stifle competition.", + "Political interference in NCA operations despite independence provisions." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/national-communications-authority-bill-2025/chunks.json b/assets/example_bills/national-communications-authority-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..94381c6f1cf871b8681581b92bcb13a69007f23b --- /dev/null +++ b/assets/example_bills/national-communications-authority-bill-2025/chunks.json @@ -0,0 +1,29 @@ +[ + "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:", + "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", + "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;", + "(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:", + "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;", + "(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.", + "(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", + "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.", + "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", + "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.", + "(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.", + "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 .", + "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", + "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 ;", + "(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", + "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,", + "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", + "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", + "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", + "(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;", + "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", + "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;", + "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", + "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", + "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", + "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", + "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" +] \ No newline at end of file diff --git a/assets/example_bills/national-communications-authority-bill-2025/document.txt b/assets/example_bills/national-communications-authority-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..c83db52c6475713ad970742621069a02636ba8bb --- /dev/null +++ b/assets/example_bills/national-communications-authority-bill-2025/document.txt @@ -0,0 +1,699 @@ +1 1 +NATIONAL COMMUNICATION S AUTHORITY BILL , 2025 +ARRANGEMENT OF SECTIONS +Sections +National Communication s Authority +1. Establishment of the National Communication s Authority +2. Object of the Authority +3. Functions of the Authority +4. Powers of the Authority +5. Regulatory and best practices of the Authority +Governing body of the Authority +6. Governing body of the Authority +7. Functions of the Board of the Authority +8. Duties and liabilities of members of the Board of the Authority +9. Tenure of office of members of the Board of the A uthority +10. Meetings of the Board of the Authority +11. Disclosure of interest +12. Declaration of registrable interest +13. Establishment of committees +14. Allowances +15. Policy directives +16. Independence of the Authority +Administrative Provisions +17. Appointment of Director General and Deputy Director +18. Functions of the Director General +19. Secretary +20. Appointment of other staff +21. Offices, divisions, directorates, departments or units +22. Internal Audit Unit +Financial Provisions +23. Funds of the Authority +24. Bank account of the Authority +25. Expenses of the Authority +26. Exemption from tax +27. Borrowing powers +28. Accounts and audit +29. Annual report and other reports +Miscellaneous Provisions +30. Procedure for decision -making by the Authority +31. Register of interests +32. Code of conduct +33. Application +34. Regulations +35. Interpretation +36. Transitional provisions +37. Repeal and savings +2 2 +A BILL +ENTITLED +NATIONAL COMMUNICATION S AUTHORITY ACT, 2025 +AN ACT to establish the National Communication s Authority to regulate, promote, and develop a +national framework for communication services; to provide for the licensing and certification of +all spectrum and broadcasting activities; to enforce standards for communication activities; and +to provide for related matters. +DATE OF ASSENT: +PASSED by Parliament and assented to by the President +Nation al Communication s Authority +Establishment of the National Communication s Authority +1. (1) There is established by this Act, the National Communication s Authority as a body corporate. +(2) The Authority may, for the performance of its functions acquire and hold property, dispose +of property and enter into a contract or any other related transaction. +(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the +Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority. +Object of the Authority +2. The object of the Authority is to +(a) regulate, coordinate, and promote the provision of communication services in the country; +(b) regulate the use of radio frequency spectrum, orbital, numbering and any other resource for the +provision of communication and broadcasting services in the country in line with national +development goals; +(c) ensure the provision of quality communication s services and activities; +(d) promote standards of efficiency and ensure high quality of service in the communication +ecosystem ; and +(e) coordinate the allocation, allotment, assignment, use, and management of orbital, numbering, +spectrum and other resources that may be designated for electronic communications services. +Functions of the Authority +3. (1) To achieve the object under section 2, the Authority shall: +(a) develop, monitor and enforce the implementation of national communicatio ns standards +and ensure compliance accordingly; +(b) formulate a strategic plan; +(c) grant communication licences and authorisations for communication services and related +activities; +(d) regulate and monitor licensees and holders of frequency a uthorisations; +(e) ensure fair competition among licensees, operators of communication networks, and +service providers of communications; +(f) classify communications and ancillary services and publish the classifications in the +Gazette; +(g) det ermine applications for licences and authorisations for communication activities and +resources; +(h) maintain the Register established under section 31; +(i) collect and arrange to be collected moneys lawfully due to the Authority; +(j) plan, assi gn, regulate, and monitor the radio frequency spectrum; +(k) investigate and resolve disputes +3 3 (i) related to harmful interference with frequency brought to the attention of the Authority +or of which the Authority has knowledge; +(ii) to protect the inter ests of consumers or users of radio frequency spectrum for +communication services and communication networks; +(iii) among users and operators in respect of rates, billing, and services provided, and +facilitate relief where necessary; +(iv) in the event of t he failure to obtain redress from providers of communication +services; and +(v) in respect of interconnection, sharing facilities, and utility installations; +(l) undertake inspections and approval of communications equipment, facilities, installations, and +related activities; +(m) exercise exclusive oversight jurisdiction over the regulation, allocation, and licensing of the +radio frequency spectrum; +(n) monitor compliance and enforce sanctions for breaches under this Act; +(p) carry out investigations, on it s own initiative or upon request, into conduct that is in +contravention of this Act; +(q) establish quality of service indicators and reporting requirements for operators and service +providers; +(r) certify and ensure the testing of communications equipment for compliance with +(i) national and international standards; and +(ii) environmental, health and safety standards, including electromagnetic radiation and +emissions; +(s) ensure the systematic implementation of policy directives of the Minister and of natio nal +communications policies; +(t) obtain requisite information from any person for the performance of its functions; +(u) when designated by the Minister, represent the Republic at international fora; +(v) issue guidelines and standards from time to time; +(w) support the implementation of the Universal Access Policy; +(x) encourage high standards of propriety within the Authority and promote efficiency and +effectiveness among its staff; +(y) establish a policy and resource framework for the operation of the Authority in line with its +overall strategic plan; +(z) ensure compliance with principles of good corporate governance at all times; +(aa) establish and manage a national numbering plan for network and application services; +(bb) advise the Minister on: +(i) m atters relating to the communications industry within the country and globally; +(ii) policies, including incentives, that may promote investment and innovation in the +communications industry in Ghana; +(cc) promote targeted research and development in speci fic aspects of the communications +industry that align with the objects of the Authority, subject to available resources and oversight +by the Authority; and +(dd) perform any other function assigned to it under this Act or any other enactment, or that is +ancillary to the object of the Authority. +Powers of the Authority +4. The Authority may exercise the following powers: +(a) enter into a contract for the supply of goods and services; +(b) invest the funds of the Authority in accordance with the Public Financial Management Act; +(c) publish information that is relevant to its functions and activities in a manner that it +considers appropriate; +(d) promote, and where necessary and within available resources, support the training of +4 4 persons specific ally in the development, operation, and maintenance of communications +infrastructure, in collaboration with relevant public or private agencies; and +Regulatory and Best Practice of the Authority +5. The Authority shall, in the performance of its functions , have regard to: +(a) the principles of transparency, accountability, proportionality, and consistency; +(b) best regulatory practice; +(c) the protection of the interests of consumers or users of communications networks or +communications service s and, in particular, to the interests of consumer choice, quality of +service, and value for money; +(d) the impact on the environment of the activities undertaken by telecommunications service +providers and telecommunications network providers; +(e) the promotion of innovation and competition, and the establishment of incentives to +encourage local participation in the provision of communications services; +(f) the various demands, interests, and uses of the electromagnetic spectrum; +(g) the ne eds and interests of persons with disability, the elderly, low -income earners, and the +vulnerable; +(h) the opinions of consumers and members of the general public; +(i) the interest of both rural and urban dwellers; and +(j) any applicable intern ational standards and best practices, including International +Telecommunication Union guidelines and such other regional or bilateral protocols ratified or +adopted by the country. +Governance of the Authority +Governing body of the Authority +6.(1) The governing body of the Authority is a Board of Directors consisting of +(a) the chairperson +(b) the Director -General appointed under section 18; +(c) one representative of the +(i) the National Security Council, +(ii) the National Media Commission, +(iii) Ministry respons ible for Communications, not below the rank of a director. +(d) one person with experience and expertise in communications; and +(e) three other persons each of whom has knowledge o r expertise in +telecommunication engineering, law, business or public administratio n. +(2) At least two (2) members of the governing body of the Authority shall be women. +(3) A person is not qualified for appointment if that person +(a) is directly or indirectly involved in the management of; or +(b) has a financial or commercial interest in a communic ations network operator, a +communications service provider, a communications equipment manufacturer or +supplier either of whom operates within the country or outside the country or any +other entity with an interest in the communications industry of this country. +(4) The Board of the Authority shall ensure the proper and effective performance of the +functions of the Authority +(5) The President shall, in accordance with article 70 of the Constitution, appoint the +chairperson and other members of the Board of th e Authority . +Functions of the Board of the Authority +7. The Board of the Authority shall +(a) exercise general oversight responsibility for the strategic direction of the Authority ; +(b) ensure the achievement of the object of the Authority ; and +(c) ensure the effective and efficient performance of the functions of the Authority . +Duties and liabilities of a member of the Board of the Authority +5 5 8. (1) A member of the Board of the Authority has the same fiduciary relationship with the +Authority and the same duty to act with loyalty and in good faith as a director of a company +incorporated under the Companies Act, 2019 (Act 992). +(2)Without limiting subsection (1), a member of the Board of the Authority has a duty +(a) to act honestly and in the best interest of the Authority in the performance of the functions of +the Authority ; +(b) to exercise the degree of care and diligence in the performance of functions that a person in +that position would reasonably be expected to exercise in the circumstances; +(c) not to disclose information acquired in the capacity of the member as a member of the Board +of the Authority to any person or make use of that information, except in the performance of +functions; +(d) not to abuse the position of the off ice; and +(e) not to pursue personal interests at the expense of the Authority . +(3) A member of the Board of the Authority , other than the Director General, shall not participate +in the day -to-day running of th e Authority. +(4) A member of the Board is not p ersonally liable for damage or injury to a third party that arises +in the execution of an official duty of that member, if the member at all material times acted in +good faith. +(5) The Authority shall indemnify and hold harmless such a member against any legal costs, +including attorney ’s fees, expenses, and liabilities reasonably incurred in connection with any legal +proceedings instituted against the member in respect of acts done or purported to have been done +in the performance of official duties, prov ided that the member acted in good faith and in the +interest of the Authority. +(6) Where a court determines that the Authority has suffered a loss or damage as a result of the +act or omission of a member of the Board of the Authority , the court may, in add ition to imposing +a fine, order the member to pay appropriate compensation to the Authority . +Tenure of office of members of the Board of the Authority +9. (1) A member of the Board of the Authority shall hold office for a period of four years and +is eligib le for reappointment for another term only. +(2) Subsection (1) does not apply to the Director General. +(3) A member of the Board of the Authority may, at any time, resign from office in +writing, addressed to the President through the Minister. +(4) A member of the Board of the Authority , other than the Director General, who is +absent from three consecutive meetings of the Board of the Authority without sufficient +cause ceases to be a member of the Board of the Authority . +(5) The President may, by let ter addressed to a member, revoke the appointment of that +member. +(6) Where a member of the Board of the Authority is, for a sufficient reason unable to +act as a member, the Minister shall determine whether the inability of the member to act +would result i n the declaration of a vacancy. +(7) Where there is a vacancy +(a) under subsection (3), (4), (5), 1 1 (2) or 1 2(3) ; or +(b) as a result of a declaration under subsection (6), or +(c) by reason of the death of a member, +the Minister shall notify the President of the vacancy and the President shall appoint another person +to fill the vacancy for the unexpired term. +(d) Where the person is appointed to fill a vacancy, that person shall subject to +the provisions of this Act be eligible for re -appointment. +Meetings of the Board of the Authority +10. (1) The Board of the Authority shall meet at least once every three months for the conduct +of business at a time and place determined by the chairperson. +(2) The chairperson shall, at the request in writing of not less than one -third of the +membership of the Board of the Authority , convene an extraordinary meeting of the Board +of the Authority at a time and place determined by the chairperson. +(3) The quorum for a meeting of the Board of the Authority is four membe rs of the +Board or a greater number determined by the Board in respect of an important matter. +(4) The chairperson shall preside at meetings of the Board of the Authority and in the +absence of the chairperson, a member of the Board of the Authority elected by the members +present from among their number shall preside. +6 6 (5) Matters before the Board of the Authority shall be decided by a majority of the +members present and voting and in the event of an equality of votes, the person presiding +shall have a castin g vote. +(6) The Board of the Authority may co -opt a person to attend a meeting of the Board +of the Authority but that person shall not vote on a matter for decision at the meeting. +(7) The proceedings of the Board of the Authority shall not be invalidated by reason of +a vacancy among the members or a defect in the appointment or qualification of a member +(8) Subject to this section, the Board of the Authority may determine the procedure for +the meeting of the Board of the Authority . +Disclosure of interest +11. (1) A member of the Board of the Authority who has an interest in a matter for consideration +(a) shall disclose in writing the nature of that interest and the disclosure shall +form part of the record of the consideration of th e matter; and +(b) is disqualified from being present at or participating in the deliberations of +the Board of the Authority in respect of that matter. +(2) A member ceases to be a member of the Board of the Authority if that member has +an interest in a matt er before the Board of the Authority and +(a) fails to disclose that interest; or +(b) is present at or participates in the deliberations of the Board of the Authority +in respect of that matter. +(3) Without limiting any further cause of action that may be in stituted against the +member, the Board of the Authority shall recover any benefit derived by a member who +contravenes subsection (1), in addition to the revocation of the appointment of the member. +Declaration of registrable interests +12. (1) Each memb er of the Board shall, prior to taking office, submit to the Minister a written +declaration of that member's registrable interest whether directly or indirectly owned by the +member. +(2) A member of the Board shall inform the Authority of any change in respect of that member's +registrable interest from the date of the change. +(3) A member who +(a) without reasonable excuse fails to declare a registrable interest, or +(b) knowingly makes a false declaration, contravenes subsections (1) and (2), +ceases to be a member of the Board and the appointment of the member to the Board shall +be revoked by the President +Establishment of committees +13. (1) The Board of the Authority may establish committees consisting of members of the +Board of the Author ity, non -members, or both, to perform a function of the Board of the Authority . +(2) A committee composed of members and non -members of the Board of the +Authority shall be chaired by a member of the Board of the Authority . +(3) Without limiting subsection (1 ), the Board of the Authority shall establish the +following committees: +(a) Technical Committee; +(b) Audit Committee; and +(c) Risk Committee. +(4) Subject to the Act, the Board of the Authority shall determine the composition and +functions of the committees established under subsection (3). +(5) Section 12 applies to a member of a committee of the Board . +Allowance s +14. A member of the Board of the Authority and members of a committee of the Board of the +Authority shall be paid allowances and other benefits approved by the Minister in consultation +with the Minister responsible for Finance. +Policy directives +15. (1) The Minister may give written directives to the Board of the Authority on matters of +policy in line with the object and functions of the Authority and the Board of the Authority shall +comply in a manner consistent with the effective performance of the functions of the Authority. +7 7 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct the +Authority on specific technical or operational matters in relation to the object and functions of the +Authority. +Independence of the Authority +16. Except as otherwise provided in this Act, the Authori ty shall not be subject to the direction or +control of any person or authority in the exercise of its mandate and regulatory functions. +Administrative Provisions +Appointment of Director General and Deputy Director General +17. (1) The President shall, in accordance with article 195 of the Constitution, appoint a +Director -General and two Deputy Directors -General for the Authority. +(2) The Director General and Deputy Director s-General shall hold office on the terms and +conditions specified in the letters of appointment. +(3) The Deputy Directors -General shall be responsible to the Director General in the +performance of their functions. +Functions of the Director -General +18. (1) The Director General +(a) is responsible for the day -to-day administration o f the affairs of the Authority ; and +(b) shall ensure the implementation of the decisions of the Board of the Authority . +(2) The Director -General may delegate a function to an officer of the Authority but shall +not be relieved of the ultimate responsibility for the performance of the delegated function. +Secretary +19. (1) The Presid ent shall, on the recommendation of the Board of the Authority , and in +accordance with article 195 of the Constitution appoint an officer, not below the rank of a +Deputy Director of the Authority, as Secretary of the Board of the Authority . +(2) The Secretary shall hold office on the terms and conditions specified in the letter of +appointment. +(3)The Secretary shall +(a) facilitate the efficient operation of the Authority's formal decision +making and reporting processes ; +(b) attend meetings of the Board ; +(c) record and keep the certified minutes of all meetings of the Board ; +(d) collect, organise and distribute to members of the Board relevant +information and documents for the purpose of meetings of the Board ; +(e) advise the Board on matters related to memoranda and presentations for +meetings of the Board ; and +(f) perform any other function determined by the Board or by the Director - +General. +Appointment of other staff +20. (1) The President shall, in accordance with article 195 of the Constitution, appoint other +staff of the Authority that are necessary for the effective and efficient performance of the functions +of the Authority . +(2) Other public officers may be transferred or seconded to the Authority or may +otherwise give assistance to the Authority . +(3) The Authority may, for the effective and efficient performance of the functions of +the Authority, engage the services of advisors a nd consultants on the recommendations of +the Board of the Authority . +(4) The Authority shall exercise control over the assignment, training and appropriate +induction of a person employed as an officer or staff of the Authority in accordance with +the Scheme of Service of the Authority. +Offices, divisions, directorates, departments or units of the Authority +21. The Authority may establish offices, divisions, directorates, departments or units of the +Authority as determined by the Board of the Authority for the effective and efficient performance +of the functions of the Authority . +Internal Audit Unit +8 8 22. (1) The Authority shall have an Internal Audit Unit in accordance with section 83 of the Public +Financial Management Act, 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in +accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Authority . +(4) The Internal Auditor sh all, subject to subsections (3) and (4) of section 16 of the Internal +Audit Agency Act, 2003 (Act 658), at intervals of three months +(a) prepare and submit to the Board of the Authority a report on the internal audit carried out +during the period of thre e months immediately preceding the preparation of the report; and +(b) make recommendations in each report with respect to matters necessary for the conduct of +the affairs of the Authority . +(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit +Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the +Director General and the chairperson of the Board of the Authority . +Financial Provisions +Funds of the Authority +23. The funds of the Authority include +(a) fees, charges or any other moneys payable under this Act, or any other enactment, +(b) any moneys provided by Parliament, +(c) donations, grants and gifts, +(d) moneys derived from the investment of the Authority's funds, and +(e) any other moneys tha t are approved by the Minister responsible for Finance. +Bank account of the Authority +24. Moneys for the Authority shall be paid into a bank account opened for the purpose with +the approval of the Controller and Accountant -General. +Expenses of the Authority +25. The expenses of the Authority shall be charged on the funds of the Authority . +Exemption from tax +26. Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), the +Authority is exempt from the payment of taxes that the Minis ter responsible for Finance +may, in writing, determine with the prior approval of Parliament. +Borrowing powers +27. (1) Subject to article 181 of the Constitution and section 76 of the Public Financial +Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister, the +Authority may borrow money from a body corporate or any other person. +(2) For the purposes of securing the money borrowed, the Authority may, with the prior +consent in writing of the Minister, mortgage, charge or pledge a right, title or an interest in +any of the properties of the Authority . +Accounts and audit +28. (1) The Authority shall keep books, records, returns of account and other docum ents +relevant to the accounts in the form approved by the Auditor -General. +(2) The Board of the Authority shall submit the accounts of the Authority to the Auditor - +General for audit at the end of the financ ial year. +(3) The Auditor -General shall, within s ix months after the end of the immediately +preceding financial year, audit the accounts of the Authority and forward a copy of the +report to the Minister and the Board of the Authority . +(4) The financial year of the Authority shall be the same as the finan cial year of the +Government. +Annual report and other reports +29. (1) The Board of the Authority shall, within thirty days after the receipt of the audit report, +submit an annual report to the Minister, covering the activities and operations of the +Authority for the year to which the report relates. +(2) The annual report shall include +9 9 (a) the report of the Auditor -General; +(b) an assessment of the targets of the Authority ; and +(c) a summary of challenges and feedback from stakeholders and recommendations to +improve the efficiency and effectiveness of the Authority . +(3) The Minister shall, within thirty days after the receipt of the annual report, submit the +report to Parliament with a statement that the Minister considers necessary. +(4) The Board of the Authority shall submit to the Minister any other report that the +Minister may require in writing. +Miscellaneous provisions +Procedure for decision -making by the Authority +30. (1) In the exercise of its function under this Act and the Electronic Communications Act, +2025 (Act …) the Board shall +(a)observe reasonable standards of procedural fairness ; +(b)act timeously ; and +(c )observe the rules of natural justice +when making decisions that affect a person. +(2)Without limiting subsection (1), the Board shall +(a)publish a matter for decision in the Gazette as considered necessary or as required by +the Electronic Communications Act, 2025 (Act …) prior to making a decision; +(b)grant a person who is or is likely to be affected by a decision of the Board, an +oppo rtunity; +(i) to make a submission to the Board, +(ii)to be heard by the Board, or +(iii) to consult with the Board in good faith, and +(c) have regard to evidence adduced and matters contained in a submission made or +received in the course of any consultati on. +(d)Where the Board makes a decision, it shall +(i)state in writing the reasons for the decision; and +(ii)provide in accordance with its procedure; notification of the decision to the relevant +persons. +(3) The Board may, on application or on its own motion, review, rescind or vary a decision +made by it or hear a matter again before rendering a decision. +Register of interests +31(1) The Director -General shall cause to be kept and maintained a Register in which shall be +recorded details of +(a) any share or debenture owned by a member of the Board; +(b) other financial interests a member of the Board has in a corporate body; +(c) any public or charitable appointment or directorship held by a member; and +(d) any other matter required to be registered. +(2) The Register shall be publicly accessible, in both physical and electronic form. +(3)The Register shall be open to the public for physical inspection during normal working +hours and subject to the payment of a fee determined by the Authority. +(4) A person may +(a) make a copy of the content of the Register, or +(b) take an extract from the Register, +at the fee that the Authority may determine. +Code of conduct +32. (1) The Board shall establish within one year of the commencement of this Act, a code of +conduct for members of the Board, staff and persons whose services the Authority engages. +(2) The Authority shall revise the code of conduct from time to time having regard to the +changing regulatory objectives in the communications industry. +Application +33.This Act binds the Republic. +10 10 Regulations +34. The Minister may, on the advice of the Board by legislative instrument make Regulations +to +(a) provide for the forms for applications; +(b) prescribe requirements for authorisations and licences; +(c) prescribe that all new telecom -related services involving the processing of personal +data, including AI -powered customer service applications, shall be subject to pre - +licensing approva l following a joint evaluation by the National Communications +Authority and the Data Protection Commission; +(d) prescribe conditions for interconnection of communication systems; +(e) provide procedures for the implementation of a system of universal service +provision including the quality of service standards; +(f) provide procedures for the use of +(i) network facilities, +(ii) network services, +(iii) application services, +(iv) content application services, +(g) provide procedures for an integrated framework for robust, multi -hazard emergency +communications on the declaration of an emergency in accordance with law; and +(h) provide for local content and local equity participation in the provision of +communication services ; +(i) provide for any other matter necessary for the effective implementation of the +provisions of this Act. +Interpretation +35. In this Act, unless the context 'otherwise requires +"Authority" means the National Communications Authority established under section 1; +“Application ” means any software -based mechanism, digital platform, or computer +program that is designed to: +(a) process and transmit information or execute functions , including but not +limited to processing, storing, displaying, or transmitting data or communications +that are delivered to end users +(b) enable interactive or content -based functionality or provide interactive +services, facilitate user engagement or offer content enhancements such as +multimedia, informational or entertainment features in conjunction with +telecommunications network +(c) operate via digital or telecommunicatio n infrastructure or be deployed on, +or function over, networks that include traditional telecommunications or internet - +based systems, thereby complementing or augmenting core voice, messaging , or +data transmission services +“Application services ” means +"Board" means the governing body of the Authority established under section 6; +“Communication ecosystem ” means the interconnected network of individuals, +organizations, technologies, and information flows that shape how messages are +produced, disseminated, and received within a specific context. +"communications network" means a communications network used to provide a +communications service; +"communications operator" means a person authorised or licen sed under this Act to +operate a communications network; +“Communication services ” means the transmission, conveyance, or routing of voice, +data, text, sound, images, video, signals, signs, intelligence or any other information by +wire, radio, optical, electromagnetic systems, or other means. This includes but n ot +limited to services such as telephone services, mobile cellular services, internet access, +broadcasting, satellite services, and any related ancillary services +"communications supplier" means a person authorised or licen sed +under this Act to provide com munications service; +“Licence” means +"Minister" means the Minister responsible for Communications; +11 11 "operator" means a person licensed under the Electronic Communications Act, 2025 +(Act …) to operate a public communications network; +"registrable interest" means an interest required to be registered in accordance with this +Act; . +"service provider" means a person licensed under this Act to provide a public +communications service; +"Universal Access Policy" means the eligibility of +(a) a person licensed under the Electronic +Communications Act, 2025 +communications network; and (Act …) to operate +(b) a person licensed under the Electronic +Communications Act, 2025 (Act …) to provide a communications service; +and +"user" means a customer or subscriber of a communications network or a +communications or broadcasting service and includes a customer that is an +operator of a communications network and a customer that is a provider of a +communications service. +Transitional provis ions +36. (1) The rights, assets and liabilities accrued in respect of the properties vested in the +Authority established under the National Communications Authority Act 2008 (Act 769) +immediately before the commencement of this Act and the persons emplo yed by the Authority +shall be transferred to the Authority established under this Act and accordingly proceedings taken +by or against the former Authority may be continued by or against the Authority. +(2) A contract subsisting between the former Authori ty established under the National +Communications Authority, 2008 (Act 679) and another person and in effect immediately before +the commencement of this Act shall subsist between the Authority under this Act and that other +person. +Repeal and savings +37. (1) The National Communications Authority Act, 2008 (Act 769) is hereby repealed. +(2) Despite the repeal of Act 769 any licence, frequency, authorisation, Regulation, notice, +order, direction, appointment or any other act lawfully made or done under the repealed enactment +and in force immediately before the commencement of this Act shall be considered to have been +made or done under this Act and shall continue to have effect until reviewed, cancelled or +terminated. +SCHEDULE +FORM AND CONTENT OF A NNUAL REPORT +(Section 2 9) +Ref. Part of Report Description +1 Table of contents +2 Index +3 Glossary +4 Contact officer(s) +5 Internet home page address and Internet address for report +6 Review by the Board Review by the board +6.1 Overview description of Authority +6.2 +Role and functions Summary of significant issues and de - +velopment +6.3 Organisational structure +6.4 Overview of the Authority's performance and financial results +6.5 Significant issues and development +6.6 Outlook for the following year +7 Report on Policy Review of adherence and implementation of policy objec - +12 12 Objectives tives and measurements of achievement in period. +8 +Report on Performance Review of performance during the year in relation to out - puts +and contribution to outcomes +8.1 +Actual performance in relation to performance targets set in +the preceding year +8.2 +Where performance targets differ from those set in the pre - +ceding year details of both former and new targets, and reason +for the change +8.3 Narrative discussion and analysis of performance +8.4 Trend information +8.5 +Factors, events or trends influencing the Authority's per - +formance +8.6 Significant changes in nature of principal functions/services +8.7 +Performance against service charter customer service stan - dards, +complaints data, and the Authority's response to complainsts +8.8 Social justice and equity impacts +8.9 +Discussion and ananlysis of the Authority's financial per - +formance +8.10 Discussion of any significant changes from the prior year or +from budget +Ref. Part of Report Description +8.11 Summary of resource tables by outcomes +8.12 +Developments since the end of the financial year +that have affected or may significantly affect the +Authority' s operations or financial results in future +9 Interconnection Number of interconnection agreements submitted to +the +Agreements Authority's and the names of parties to the +Agreements +10 Licences and Applications for licences received and number of Ii +censes granted and names of beneficiaries, license +revoked or suspended. +Authorisations +11 Numbers issued +12 Frequencies issued +13 +14 +Fees collected +Management Accountability +15 +Corporate Governance +Statement of the main corporate governance +practice in place +15.1 Names of the senior executives and their +responsibilities +15.2 Senior management committees and their roles +15.3 +Board Committees established or in existence and +their roles +15.4 +Corporate and operational planning and associated +performance reporting and review +13 13 15.5 +Approach adapted to identifying areas of significant +financial or operational risk and arrangements in +place to manage risks +15.6 Certification of fraud measures in place +15.7 +Policy and practices and the establishment and +maintenance of appropriate ethical standards +15.8 +How nature and amount of remuneration far senior +executive service employees is determined +Code of conduct far directors any change +16 External Scrutiny Significant developments in external scrutiny +16.1 +Judicial decisions and decisions of the +Telecornmunications Tribunal +16.2 +Reports by the Auditor -General, Parliamentary +Committee or other competent government body +Ref. Part of Report Description +17 Management of Human Assessment of effectiveness in managing and +developing human resources to achieve, staff +turnover and +Resources retention +17.1 Workforce planning, staff turnover and retention +17.2 +Training and development undertaken and their im - +pact +17.3 Occupational health and safety performance +17.4 Productivity gains +17.5 Statistics on staffing +17.6 Performance pay +18 Purchasing Assessment of purchasing against core policies and +19 principles +Assets management Assessment of effectiveness of assets management +20 +Consultants and Competitive +Tendering Number and nature of consultancy services and con - +and Contracting tracts and total expenditure on consultancy services. +20.1 +Competitive tendering and contracting contracts +awarded and outcomes +20.2 +For all contracts indication of how the provisions +of the Public Procurement Act were followed. +21 Providing access to Report on performance in implementing the Disability +people with disabilities Strategy or ensuring compliance with the Disability +Act. +22 Financial Stat ements Audited Financial Statements +23 Other Information +23.1 Occupational health and safety +23.2 Freedom of Information +23.3 Advertising and Market Research +23.4 +Ecologically sustainable development and +environmental performance +24 +Research sponsored and effect +Human Resource Capacity holding initiatives and +outcomes +Other Discretionary Grants +24.1 Correction of material errors in previous annual +report +*Date of Gazette \ No newline at end of file diff --git a/assets/example_bills/national-communications-authority-bill-2025/metadata.json b/assets/example_bills/national-communications-authority-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..ae1f781fe35074758a0cd10c968abd13af255960 --- /dev/null +++ b/assets/example_bills/national-communications-authority-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:18:36.481696+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NCA-National-Communications-Authority-Bill-2025.pdf", + "document_hash": "dbf3d41cd71f893410ad6b839b348cacb86450c393416cb6fee74616769d7269", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/national-information-technology-authority-bill-2025/analysis.json b/assets/example_bills/national-information-technology-authority-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..c79a1bf35c99468954c2242a3c62544b5101a510 --- /dev/null +++ b/assets/example_bills/national-information-technology-authority-bill-2025/analysis.json @@ -0,0 +1,76 @@ +{ + "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.", + "bill_summary": [ + "Establishes the National Information Technology Authority (NITA) as a corporate body to regulate ICT infrastructure, products, and services.", + "Grants NITA powers to license ICT providers, enforce technical standards, and coordinate national digital platforms.", + "Mandates the creation of a Board of Directors with diverse representation, including gender quotas and expertise in ICT, law, and governance.", + "Provides financial autonomy for NITA through tax exemptions, borrowing powers, and revenue streams like licensing fees and a percentage of ICT-related taxes.", + "Includes provisions for dispute resolution, penalties for non-compliance, and a regulatory sandbox to foster innovation.", + "Requires NITA to prioritize digital inclusion, accessibility, and anti-monopoly measures in the ICT ecosystem." + ], + "implementation": [ + { + "stakeholder": "ICT service providers", + "obligation": "Comply with licensing requirements, technical standards, and reporting obligations under the Act.", + "implementation_burden": "Administrative costs for licensing applications, compliance with evolving standards, and potential penalties for non-compliance.", + "risk_or_note": "Startups and SMEs may face higher compliance costs compared to larger firms, potentially stifling innovation." + }, + { + "stakeholder": "Public institutions", + "obligation": "Adhere to NITA's technical clearance processes for ICT procurements and maintain interoperability with national systems.", + "implementation_burden": "Need to align internal systems with NITA standards, which may require upfront investments in infrastructure.", + "risk_or_note": "Delays in procurement processes if technical clearance procedures are not streamlined." + }, + { + "stakeholder": "NITA", + "obligation": "Enforce regulations, conduct audits, and manage a regulatory sandbox for innovation.", + "implementation_burden": "Resource-intensive operations requiring skilled personnel, infrastructure, and coordination with multiple stakeholders.", + "risk_or_note": "Potential challenges in balancing regulatory oversight with fostering innovation in the sandbox environment." + }, + { + "stakeholder": "Consumers", + "obligation": "None explicitly stated, but may benefit from improved service quality and digital inclusion initiatives.", + "implementation_burden": "None directly imposed, but may face higher service costs if compliance burdens are passed to providers.", + "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." + } + ], + "critique": [ + { + "issue": "Ambiguity in regulatory enforcement powers", + "why_it_matters": "The bill grants NITA broad powers (e.g., technical clearance, sanctions) without clear safeguards against overreach or arbitrary decisions.", + "recommendation": "Include specific procedural safeguards, such as judicial review mechanisms or independent oversight bodies, to prevent misuse of authority." + }, + { + "issue": "Lack of funding clarity for innovation initiatives", + "why_it_matters": "The ICT Development and Innovation Fund and regulatory sandbox are mentioned but no explicit funding mechanisms or timelines are provided.", + "recommendation": "Detail funding sources, allocation criteria, and timelines for innovation programs to ensure accountability and effectiveness." + }, + { + "issue": "Potential for regulatory fragmentation", + "why_it_matters": "NITA's role overlaps with existing bodies (e.g., Electronic Transactions Act, 2025) without clear delineation of responsibilities.", + "recommendation": "Clarify jurisdictional boundaries and coordination protocols to avoid duplication or conflicts with existing regulatory frameworks." + } + ], + "swot": { + "strengths": [ + "Centralized oversight could streamline ICT regulation and improve national digital infrastructure coherence.", + "Emphasis on digital inclusion and accessibility may address disparities in rural and vulnerable populations.", + "Regulatory sandbox provisions could accelerate local innovation and startup growth." + ], + "weaknesses": [ + "Broad discretionary powers for NITA risk regulatory overreach without sufficient checks and balances.", + "High compliance costs for SMEs and startups may hinder market entry and competition.", + "Unclear funding mechanisms for innovation initiatives could undermine their long-term viability." + ], + "opportunities": [ + "Standardization of ICT services may improve interoperability and reduce long-term costs for public and private sectors.", + "Focus on local content development could boost Ghanaian tech firms and reduce reliance on foreign solutions.", + "Collaboration with international standards bodies (e.g., ISO, ITU) may enhance global competitiveness." + ], + "threats": [ + "Regulatory complexity could deter foreign investment in Ghana's ICT sector.", + "Potential monopolistic practices if anti-trust measures are not rigorously enforced.", + "Implementation delays or resource shortages may weaken NITA's effectiveness in achieving its mandate." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/national-information-technology-authority-bill-2025/chunks.json b/assets/example_bills/national-information-technology-authority-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..6512e97dd3e163becc48691273fa4a2ce260df32 --- /dev/null +++ b/assets/example_bills/national-information-technology-authority-bill-2025/chunks.json @@ -0,0 +1,62 @@ +[ + "1\nPAGE \\* MERGEFORMAT 1\nNATIONAL INFORMATION TECHNOLOGY AUTHORITY BILL, 2025\nARRANGEMENT OF SECTIONS\nSections\nNational Information Technology Authority\n1. Establishment of the National Information Technology Authority\n2. Object of the Authority\n3. Functions of the Authority\n4. Power of the Authority\n5. Regulatory and best practice of the Authority\nGovernance of the Authority\n6. Governing body of the Authority\n7. Functions of the Board of Directors\n8. Duties and liabilities of members of the Board of Directors\n9. Tenure of office of members of the Board of Directors\n10. Meetings of the Board of Directors\n11. Disclosure of interest\n12. Declaration of registrable interests\n13. Establishment of committees\n14. Allowance\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 and 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\n30. Budget Estimates\n2\nPAGE \\* MERGEFORMAT 1 31. Establishment of the e -government ICT operator\n32. Object of the Company\n33. Use of Funds\n34. Reporting and audits\nLicensing and Certification\n35. Requirements for licence\n36. Categories of licences\n37. Qualification for licence\n38. Application for licence\n39. Consideration of an application for licence\n40. Grant of licence\n41. Validity and renewal of licence\n42. Non-transferability of licence\n43. Suspension of licence\n44. Restoration of suspended licence\n45. Revocation of licence\n46. Certification of ICT professionals", + "38. Application for licence\n39. Consideration of an application for licence\n40. Grant of licence\n41. Validity and renewal of licence\n42. Non-transferability of licence\n43. Suspension of licence\n44. Restoration of suspended licence\n45. Revocation of licence\n46. Certification of ICT professionals\n47. Register of ICT product and service providers\nClosure, Mergers and Alterations\n48. Closure of premises or facility\n49. Sales, merger, amalgamation and alteration of business\nICT Standards and Innovation\n50. Performance standards\n51. Specifications for ICT products and services\n52. Compliance monitoring and technical clearance\n53. National Digital Architecture\n54. ICT Project Registry\n55. Shared services and infrastructure\n56. Audit and standards for public ICT\n57. Performance monitoring and reporting\n58. ICT performance certification tiers\n59. ICT Development and Innovation Fund\n60. Capacity building and local innovation support\n61. Regulatory sandbox for ICT innovation\n62. Risk-based and principles -oriented regulation\n63. Future technologies and adaptive regulation\n64. Digital inclusion and accessibility\n65. Multi -stakeholder advisory forum\n66. Periodic review of regulatory instruments\n67. Collaboration with other agencies\nReporting Requirements\n68. Report by the Authority\n3\nPAGE \\* MERGEFORMAT 1 69. Submission of reports by ICT service providers\n70. Inspector\n71. Powers of an inspector\n72. Obstruction of an inspector\n73. Enforcement powers of the Authority\n74. Other powers of the Authority\n75. Other enforcement measures\nDispute Resolution\n76. Negotiation\n77. Dispute Resolution Committee\n78. Composition and procedure of the Dispute Resolution Committee\n79. Decisions of the Dispute Resolution Committee\n80. Appeal against the decision of the Dispute Resolution Committee\nNational Information Technology Authority Tribunal\n81. Establishment of the Tribunal\n82. Composition of the Tribunal\n83. Administration of the Tribunal\n84. Expenses of the Tribunal\n85. Allowances", + "79. Decisions of the Dispute Resolution Committee\n80. Appeal against the decision of the Dispute Resolution Committee\nNational Information Technology Authority Tribunal\n81. Establishment of the Tribunal\n82. Composition of the Tribunal\n83. Administration of the Tribunal\n84. Expenses of the Tribunal\n85. Allowances\n86. Rules of procedure\n87. Right of appeal\n88. Decisions of the Tribunal\n89. Appeal against decision of the Tribunal\nOffences and Penalties\n90. General offences and penalties\n91. Embezzlement, misappropriation or diversion of funds\n92. Offences relating to licensing and certification\n93. Interference with technical clearance\n94. Obstruction of compliance reviews\n95. Offence by a body corporate\n96. Administrative penalty\n97. Other Offences\nMiscellaneous Provisions\n98. Procedure for decision -making by the Authority\n99. Register of interest\n100. Code of conduct\n101.Publication of notices and directives\n102.Public engagements\n103.Regulations\n104.Interpretation\n105.Transitional provisions\n4\nPAGE \\* MERGEFORMAT 1 106.Repeals and savings\n107.Schedule\n5\nPAGE \\* MERGEFORMAT 1 A BILL\nENTITLED\nNATIONAL INFORMATION TECHNOLOGY AUTHORITY ACT, 2025\nAN ACT to establish the National Information Technology Authority to regulate and promote\ninformation and communications technologies and digital services ; to provide for the licensing\nand certification of ICT service providers and professionals; to enforce standards for digital\nsystems and infrastructure; to enhance interoperability, and innovation; and to provide for\nrelated matters.\nDATE OF ASSENT:\nPASSED by Parliament and assented to by the President\nNational Information Technology Authority\nEstablishment of the National Information Technology Authority\n1. (1) There is established by this Act, the National Information Technology Authority as a\nbody corporate.\n(2) The Authority may, for the performance of its functions acquire and hold property,", + "National Information Technology Authority\nEstablishment of the National Information Technology Authority\n1. (1) There is established by this Act, the National Information Technology Authority as a\nbody corporate.\n(2) The Authority may, for the performance of its functions 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 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 regulate, coordinate, promote, and develop information and\ncommunications technology and digital services in Ghana in line with national development\ngoals and to\n(a) ensure the provision of quality information and communications technology ,\n(b) promote standards of efficiency and ensure high quality of service in the\nInformation and Communications Technology ecosystem, and\n(c) coordinate the management and development of information and communications\ntechnology personnel or practitioners in the public services\nFunctions of the Authority\n3. (1) To achieve the object under section 2, the Authority shall\na. license and regulate ICT infrastructure, products and service providers;\nb. develop and enforce standards to ensure consistency and accountability\nacross the people, technology, and processes involved in ICT systems,\nservices, and architectures\nc. provide technical clearance for ICT procurement, investments and projects\nundertaken by public institutions;\nd. maintain a national repository of ICT assets, investments and public digital\ninfrastructure;\ne. act as the exclusive government body empowered to coordinate the\ndevelopment, capacity building, and certification of ICT professional\nserving public institutions to ensure a skilled and well -managed ICT\nworkforce in the public service;\n6", + "d. maintain a national repository of ICT assets, investments and public digital\ninfrastructure;\ne. act as the exclusive government body empowered to coordinate the\ndevelopment, capacity building, and certification of ICT professional\nserving public institutions to ensure a skilled and well -managed ICT\nworkforce in the public service;\n6\nPAGE \\* MERGEFORMAT 1 f. coordinate the implementation of national digital platforms and shared\nservices;\ng. ensure interoperability, security, and integrity of public ICT systems;\nh. promote research, innovation, and local content development in ICT;\ni. monitor compliance and enforce sanctions for breaches under this Act;\nj. advise the Minister on ICT development and regulation in Ghana and lead\nthe review of the national ICT policy;\nk. regulate th e use of emerging technologies;\nl. maintain a register of ICT personnel in the public service;\nm. regulate ICT associations and related professional bodies;\nn. coordinate the development and enforcement of safeguards to ensure the\nresponsible and secure use of technology in the country;\no. coordinat e the implementation of anti -trust policies to safeguard fair\ncompetition and prevent monopolies within the ICT ecosystem in Ghana;\np. perform the functions of the certifying Agency established under the\nElectronic Transactions Act, 2025 (Act \u2026);\nq. coordinate the systematic implementation and monitoring of the national\ninformation and communications technology policy;\nr. coordinate the implementation and enforcement of the provisions of this\nAct, the Electronic Transactions Act, 2025 (Act \u2026);and regulations made\nunder this Act;\ns. resolve matters that involve domain names between the Domain Name\nRegistrar under the Electronic Transactions Act 2025 ( Act\u2026.) in\naccordance with the provisions of this Act;", + "Act, the Electronic Transactions Act, 2025 (Act \u2026);and regulations made\nunder this Act;\ns. resolve matters that involve domain names between the Domain Name\nRegistrar under the Electronic Transactions Act 2025 ( Act\u2026.) in\naccordance with the provisions of this Act;\nt. maintain registers for approvals given for equipment under the Electronic\nTransactions Act 2025 ( Act\u2026.);\nu. provide access to registers for licences, applications for licences and\napprovals for equipment except where commercial confidentiality does not\nallow for access;\nv. collect fees and other charges to be paid to the Authority under this Act;\nw. investigate and resolve disputes between licence holders under the\nElectronic Transactions Act 2025 ( Act\u2026.) referred to the Authority by\nlicence holders;\nx. investigate complaints by users who fail to obtain redress from a licence\nholder;\ny. carry out investigations on the conduct of persons at the Authority\u2019s own\ninitiative or at the request of another person to determine whether any person\nis engaging in acts contrary to the provisions of this Act;\nz. establish quality of service indicators and reporting requirements that apply\nto licence holders under the Electronic Transactions Act 2025 ( Act\u2026.);\naa. issue and publish on its website and in the Gazette necessary guidelines and\nstandards;\nbb. obtain from persons the necessary information for the performance of its\nfunctions;\ncc. carry out investigations and determine complaints that involve anti -\ncompetitive, price -fixing and unfair trade practices by persons under the\nElectronic Transactions Act 2025 ( Act\u2026.);\ndd. formulate the strategy of the Authority;\nee. ensure that the policy directions given by the Minister are implemented;\nff. ensure high standards of propriety within the Authority;\n7", + "Electronic Transactions Act 2025 ( Act\u2026.);\ndd. formulate the strategy of the Authority;\nee. ensure that the policy directions given by the Minister are implemented;\nff. ensure high standards of propriety within the Authority;\n7\nPAGE \\* MERGEFORMAT 1 gg. promote efficiency and effective use of resources and staff of the Authority;\nhh. establish the policy and resource framework for the operations and the\noverall strategic direction of the Authority;\nii. ensure that the principles of good corporate governance are complied with;\nand\njj. perform any other function necessary to achieve its object.\n(2) In discharging its functions, the Authority shall take into account the following:\n(a) the principle that regulatory activities should be transparent,\naccountable, proportionate, consistent and targeted only at cases in which action\nis needed;\n(b) any other principle that represents best regulatory practice;\n(c) the protection of the interests of consumers under the Electronic\nTransactions Act 2025 ( Act\u2026.) as regards the choice, price, quality of service\nand value for money;\n(d) the needs of persons who are physically challenged, the elderly and\nthose on low incomes;\n(e) the opinions of consumers and of members of the public generally; and\n(f) the different interests of persons living in rural and urban areas.\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 that are not immediately required for\nthe performance of its functions and ensure the judicious use of the funds,\nwith the prior written approval of the Minister responsible for Finance;", + "(a) enter into a contract for the supply of goods and services;\n(b) invest the funds of the Authority that are not immediately required for\nthe performance of its functions and ensure the judicious use of the funds,\nwith the prior written approval of the Minister responsible for Finance;\n(c) publish information that is relevant to its functions and activities in a\nmanner that it considers appropriate;\n(d) promote and where necessary fund the training of persons for the\ninformation and communications technology industry;\n(e) undertake research and development work related to its functions; and\n(f) promote research and the development by other persons of the ICT\nindustry.\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, innovation -\nenablement, and consistency in ICT regulation;\n(b) best regulatory practices relevant to information and communications\ntechnology and digital governance;\n(c) the protection of the rights and interests of users of public digital services,\nwith particular attention to user choice, data protection, quality of service,\nand value for money;\n(d) the environmental impact of ICT infrastructure, digital devices, and e -waste\nmanagement in the deployment of public ICT systems;\n(e) the promotion of inclusive competition and local innovation, including\nincentives for Ghanaian technology firms and start -ups in the ICT\necosystem;\n8\nPAGE \\* MERGEFORMAT 1 (f) the need for interoperability, digital inclusion, and equitable access,\nespecially for persons with disabilities, women, rural populations, the\nelderly, and vulnerable groups;\n(g) the views and feedback of public institutions, civil society, and end -users of\ngovernment digital services;", + "especially for persons with disabilities, women, rural populations, the\nelderly, and vulnerable groups;\n(g) the views and feedback of public institutions, civil society, and end -users of\ngovernment digital services;\n(h) the interests of both urban and rural communities in the planning and\ndeployment of ICT infrastructure;\n(i) any applicable international ICT standards and best practices, including\nthose developed by the International Organization for Standardization\n(ISO), International Telecommunication Union (ITU), World Wide Web\nConsortium (W3C), and relevant multilateral co nventions ratified by Ghana.\nGoverning body of the Authority\n6.(1) The governing body of the Authority is a Board of Directors consisting of\n(a) a chairperson nominated by the President;\n(b) one representative of the Ministry responsible for Communication, Digital\nTechnology, and Innovations, not below the rank of Director;\n(c) one representative of the Ministry of Finance, not below the rank of\nDirector;\n(d) the Director -General of the Authority;\n(e) one representative from a recognised ICT professional body, nominated by\nthe executive body of that professional association;\n(f) two persons with expertise in digital innovation, ICT, governance, or law,\nnominated by the President;\n(g) one person with expertise in digital innovation, ICT, governance, or IT law\nnominated by the Minister responsible for Gender or Social Protection;\n(h) one lawyer with expertise in digital economy or ICT law.\n(i) one representative of the National Security Council; and\n(j) three other persons with knowledge or expertise in electronic engineering,\nlaw, economics, business or public administration and at least one of\nwhom is a woman.", + "(h) one lawyer with expertise in digital economy or ICT law.\n(i) one representative of the National Security Council; and\n(j) three other persons with knowledge or expertise in electronic engineering,\nlaw, economics, business or public administration and at least one of\nwhom is a woman.\n(2) At least three (3) members of the Board of Directors shall be women.\n(3) The President shall, in accordance with article 70 of the Constitution, appoint the\nchairperson and other members of the Board of Directors.\nFunctions of the Board of Directors\n7. The Board of Directors shall\n(a) exercise general oversight responsibility for the strategic direction of the\nAuthority;\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\nAuthority.\nDuties and liabilities of a member of the Board of Directors\n8 (1) A member of the Board of Directors 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\ncompany incorporated under the Companies Act, 2019 (Act 992).\n9\nPAGE \\* MERGEFORMAT 1\n(2) Without limiting subsection (1), a member of the Board of Directors has a duty\n(a) to act honestly and in the best interest of the Authority in the\nperformance of the functions of the Authority;\n(b) to exercise the degree of care and diligence in the performance of\nfunctions that a person in that position would reasonably be expected to exercise\nin the circumstances;\n(c) not to disclose information acquired in the capacity of the member as a\nmember of the Board of Directors to any person or make use of that information,", + "functions that a person in that position would reasonably be expected to exercise\nin the circumstances;\n(c) not to disclose information acquired in the capacity of the member as a\nmember of the Board of Directors to any person or make use of that information,\nexcept in the performance of functions;\n(d) not to abuse the position of the office; and\n(e) not to pursue personal interests at the expense of the Authority.\n(3) A member of the Board of Directors, other than the Director General, shall not\nparticipate in the day -to-day running of the Authority.\n(4) Where a court determines that the Authority has suffered a loss or damage as a\nresult of the act or omission of a member of the Board of Directors, the court may, in\naddition to imposing a fine, order the member to pay appropriate compensation to the\nAutho rity.\nTenure of office of members of the Board of Directors\n9 (1) A member of the Board of Directors shall hold office for a period of four years and\nis eligible 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 Directors may, at any time, resign from office in\nwriting, addressed to the President through the Minister.\n(4) A member of the Board of Directors, other than the Director General, who is\nabsent from three consecutive meetings of the Board of Directors without sufficient\ncause ceases to be a member of the Board of Directors.\n(5) The President may, by letter addressed to a member, revoke the appointment of\nthat member.", + "absent from three consecutive meetings of the Board of Directors without sufficient\ncause ceases to be a member of the Board of Directors.\n(5) The President may, by letter addressed to a member, revoke the appointment of\nthat member.\n(6) Where a member of the Board of Directors is, for a sufficient reason unable to\nact as a member, the Minister shall determine whether the inability of the member to\nact would result in the declaration of a vacancy.\n(7) Where there is a vacancy\n(a) under subsection (3), (4), (5), or subsection (2) of section 11,\n(b) as a result of a declaration under subsection (6),\n(c) under subsection (3) of section 12; or\n(d) by reason of the death of a member,\n10\nPAGE \\* MERGEFORMAT 1 the Minister shall notify the President of the vacancy and the President shall appoint another\nperson to fill the vacancy for the unexpired term.\nMeetings of the Board of Directors\n10 (1) The Board of Directors 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 Directors, convene an extraordinary meeting of the Board\nof Directors at a time and place determined by the chairperson.\n(3) The quorum for a meeting of the Board of Directors is seven members.\n(4) The chairperson shall preside at meetings of the Board of Directors and in the\nabsence of the chairperson, a member of the Board of Directors elected by the members", + "(3) The quorum for a meeting of the Board of Directors is seven members.\n(4) The chairperson shall preside at meetings of the Board of Directors and in the\nabsence of the chairperson, a member of the Board of Directors elected by the members\npresent from among their number shall preside.\n(5) Matters before the Board of Directors shall be decided by a majority of the members\npresent and voting and in the event of an equality of votes, the person presiding shall\nhave a casting vote.\n(6) The Board of Directors may co -opt a person to attend a meeting of the Board of\nDirectors but that person shall not vote on a matter for decision at the meeting.\n(7) The proceedings of the Board of Directors shall not be invalidated by reason of a\nvacancy among the members or a defect in the appointment or qualification of a\nmember\n(8) Subject to this section, the Board of Directors may determine the procedure for the\nmeeting of the Board of Directors.\nDisclosure of interest\n11.(1) A member of the Board of Directors who has an interest in a matter for\nconsideration by the Board\n(a) shall disclose in writing the nature of that interest and the disclosure\nshall form part of the record of the consideration of the matter; and\n(b) is disqualified from being present at or participating in the\ndeliberations of the Board of Directors in respect of that matter.\n(2) A member ceases to be a member of the Board of Directors if that member has an\ninterest in a matter before the Board of Directors and\n(a) fails to disclose that interest; or\n(b) is present at or participates in the deliberations of the Board of\nDirectors in respect of that matter.", + "interest in a matter before the Board of Directors and\n(a) fails to disclose that interest; or\n(b) is present at or participates in the deliberations of the Board of\nDirectors in respect of that matter.\n(3) Without limiting any further cause of action that may be instituted against the\nmember, the Board of Directors shall recover any benefit derived by a member who\n11\nPAGE \\* MERGEFORMAT 1 contravenes subsection (1), in addition to the revocation of the appointment of the\nmember.\nDeclaration of registrable interests\n12. (1) Each member of the Board shall, prior to taking office, submit to the Authority\na written declaration of that member's registrable interest whether directly or indirectly\nowned by the member.\n(2) A member of the Board shall inform the Authority of any change in respect of that\nmember's registrable interest from the date of the change.\n(3) A member who without reasonable excuse fails to declare a registrable interest, or\nknowingly makes a false declaration, contravenes subsections (1) and (2), ceases to be\na member of the Board and the appointment of the member to the Board shall be\nrevoked by the President\nEstablishment of committees\n13. (1) The Board of Directors may establish committees or advisory bodies consisting\nof members of the Board of Directors, non -members, or both, to perform a function of\nthe Board of Directors.\n(2) A committee composed of members and non -members of the Board of\nDirectors shall be chaired by a member of the Board of Directors.\n(3) A committee composed exclusively of non -members may only advise the Board", + "the Board of Directors.\n(2) A committee composed of members and non -members of the Board of\nDirectors shall be chaired by a member of the Board of Directors.\n(3) A committee composed exclusively of non -members may only advise the Board\n(5) Without limiting subsection (1), the Board of Directors shall establish the\nfollowing committees:\n(a) Technical Committee;\n(b) Audit Committee; and\n(c) Risk Committee.\n(5) The Board of Directors shall determine the composition and functions of the\ncommittees established under subsection (3).\n(6) Section 11 applies to a member of a committee of the Board of Directors\nAllowance\n14.A member of the Board of Directors and members of a committee of the Board of\nDirectors shall be paid allowances and 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 Directors on matters of\npolicy in line with the object and functions of the Authority, and the Board of Directors\nshall comply in a manner consistent with the effective performance of the func tions of\nthe Authority.\n12\nPAGE \\* MERGEFORMAT 1 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct\nthe Authority on specific technical or operational mattera in relation to the object and\nfunctions of the Authority.\nIndependence of the Authority\n16.Except as otherwise provided in this Act, the Authority shall not be subject to the\ndirection or control of any person or authority in the exercise of its mandate and\nregulatory functions.\nAdministrative Provisions\nAppointment of Director General and Deputy Director General", + "functions of the Authority.\nIndependence of the Authority\n16.Except as otherwise provided in this Act, the Authority shall not be subject to the\ndirection or control of any person or authority in the exercise of its mandate and\nregulatory 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 one Deputy Director -General for the Authority.\n(2) The Director -General and the Deputy Director -General shall hold office on the\nterms and conditions specified in the letters of appointment\n(3) The Director -General shall hold office for a period of not more than four years and\nis eligible for re -appointment.\nFunctions of the Director -General and Deputy Director -General\n18.(1) The Director General\n(a) is responsible for the day -to-day administration of the affairs of the\nAuthority and is answerable to the Board in the performance of the functions\nunder this Act; and\n(b) shall ensure the implementation of the decisions of the Board of Directors.\n(2) The Director General may delegate a function to an officer of the Authority but\nshall not be relieved of the ultimate responsibility for the performance of the delegated\nfunction.\n(3) The Deputy Director -General shall act in the absence of the Director -General.\n(4) The Deputy Director -General shall be assigned other responsibilities as the Board\nmay determine.\nSecretary\n19.(1) The President shall, on the recommendation of the Board of Directors, and in\naccordance with article 195 of the Constitution appoint an employee, not below the\nrank of a Deputy Director of the Authority, as Secretary of the Board of Directors.", + "may determine.\nSecretary\n19.(1) The President shall, on the recommendation of the Board of Directors, and in\naccordance with article 195 of the Constitution appoint an employee, not below the\nrank of a Deputy Director of the Authority, as Secretary of the Board of Directors.\n(2) The Secretary shall hold office on the terms and conditions specified in the letter of\nappointment.\n(3) The Secretary shall be responsible for \u2014\n(a) recording and keeping minutes of meetings of the Board;\n(b) maintaining records and correspondence of the Board;\n13\nPAGE \\* MERGEFORMAT 1 (c) advising the Board on compliance with applicable laws and\nprocedures; and\n(d) performing any other functions assigned by the Board or the Director -\nGeneral.facilitating the smooth operation of the decision -making and\nreporting machinery of the Authority;\n(e) formulating agenda for meetings with the chairperson and the\nDirector -General;\n(f) advising the Board on\n(i) content,\n(ii) organisation of memoranda, or\n(iii) presentations for Board meetings.\n(4) The Secretary shall attend all meetings of the Board but shall not have a right to\nvote on any matter before the Board.\nAppointment of other staff\n20.(1) The President shall, in accordance with article 195 of the Constitution, appoint\nother staff of the Authority that are necessary for the effective and efficient performance\nof the functions of 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\nof the Authority, engage the services of advisors and consultants on the\nrecommendations of the Board of Directors.", + "(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\nof the Authority, engage the services of advisors and consultants on the\nrecommendations of the Board of Directors.\nOffices, divisions, directorates, departments and units of the Authority\n21.The Authority may establish offices, divisions, directorates, departments and units\nof the Authority as determined by the Board of Directors for the effective and efficient\nperformance of the functions of the Authority.\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 Agency Act, 2003 (Act 658), at intervals of three months\n(a) prepare and submit to the Board of Directors a report on the internal audit\ncarried out during the period of three months immediately preceding the\npreparation of the report; and\n(b) make recommendations in each report with respect to matters necessary for\nthe conduct of the affairs of the Authority.\n14\nPAGE \\* MERGEFORMAT 1\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", + "the conduct of the affairs of the Authority.\n14\nPAGE \\* MERGEFORMAT 1\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\nunder this section to the Director General and the chairperson of the Board of Directors .\nFinancial Provisions\nFunds of the Authority\n23. The funds of the Authority include \u2014\n(a) moneys approved by Parliament;\n(b) a percentage of customs duties paid on imported ICT equipment, as\napproved by Parliament;\n(c) fees and charges that accrue to the Authority in the performance of its\nfunctions under this Act;\n(d) administrative penalties imposed and collected under this Act;\n(e) a portion of the communications service tax, as approved by Parliament;\n(f) a portion of the funds of the Ghana Infrastructure Investment Fund, as\napproved by Parliament;\n(g) a portion of fees generated from the use of the government.gov portal, as\napproved by Parliament;\n(h) one percent (1%) of regulatory fees on gross revenue of all ICT businesses;\n(i) loans, grants, and donations;\n(j) fees and charges payable under this Act or the Electronic Transactions Act,\n2025(Act \u2026); and\n(k) income derived from the investment of the funds of the Authority.\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.(1) The expenses of the Authority shall be charged on the funds of the Authority.", + "Bank 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.(1) The expenses of the Authority shall be charged on the funds of the Authority.\n(2) Where after having defrayed the outstanding expenses, the Authority has an excess\namount, the Authority shall transfer that amount to the Consolidated Fund unless the\nMinister for Finance in consultation with the Minister approves the retention by the\nAuthority of a part or the whole of that excess amount.\nExemption from tax\n15\nPAGE \\* MERGEFORMAT 1 26.Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083),\nthe Authority is exempt from the payment of taxes that the Minister responsible for\nFinance may, 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,\nthe Authority 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\nprior consent in writing of the Minister mortgage, charge or pledge a right, title or an\ninterest in any of the properties of the Authority.\nAccounts and audit\n28. (1) The Authority shall keep books, records, returns of account and other documents\nrelevant to the accounts in the form approved by the Auditor -General.\n(2) The Board of Directors shall submit the accounts of the Authority to the Auditor -\nGeneral for audit within six months at the end of the financial year.", + "relevant to the accounts in the form approved by the Auditor -General.\n(2) The Board of Directors shall submit the accounts of the Authority to the Auditor -\nGeneral for audit within six months at 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 Authority and forward a copy of the\nreport to the Minister and the Board of Directors.\n(4) The financial year of the Authority shall be the same as the financial year of the\nGovernment.\nAnnual report and other reports\n29. (1) The Board of Directors shall, within thirty days after the receipt of the audit\nreport, submit an annual report to the Minister, covering the activities and operations\nof the Authority for the year to which the report relates.\n(2) The annual report shall include \u2014\n(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\nrecommendations to improve the efficiency and effectiveness of the Authority.\n(3) The annual report shall be prepared in accordance with the format and content set\nout in the Schedule to this Act.\n(4) The Minister shall, within thirty days after the receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessary.\n(5) The Board of Directors shall submit to the Minister any other report that the Minister\nor the Minister responsible for Communication, Digital Technology, and Innovations\nmay require in writing\nBudget Estimates\n16\nPAGE \\* MERGEFORMAT 1 30. The Board shall submit a budget for the operations of the Authority for the\nfollowing year to Parliament for approval through the Minister within three months", + "or the Minister responsible for Communication, Digital Technology, and Innovations\nmay require in writing\nBudget Estimates\n16\nPAGE \\* MERGEFORMAT 1 30. The Board shall submit a budget for the operations of the Authority for the\nfollowing year to Parliament for approval through the Minister within three months\nafter the commencement of the financial year.\ne-government ICT infrastructure operator\nEstablishment of the e -government ICT infrastructure company\n31. (1) The Minister shall ensure the incorporation of a company to be licensed by the\nAuthority as the Government e -government ICT infrastructure operator within six\nmonths of the coming into force of this Act.\n(2) The company shall be governed by an independent board consisting of\nrepresentatives from:\n(a) the Ministry,\n(b) the Authority,\n(c) the private sector, and\n(d) civil society and academia with expertise in digital infrastructure.\nObject of the Company\n32 (1) The object of the Company is to deploy, maintain, and manage e -government\ninfrastructure and platforms for the public sector, including \u2014\n(a) government data centers;\n(b) cloud hosting environments for public institutions;\n(c) platforms for national digital identity services;\n(d) shared government systems and digital services; and\n(e) enterprise software solutions deployed solely for e -government purposes.\nUse of Funds\n33 (1) The Company shall apply its funds to\n(a) develop and maintain secure and interoperable digital infrastructure for\ngovernment use,\n(b) invest in cloud computing, cybersecurity systems, and business continuity\nsolutions,\n(c) reduce dependence on external contractors for critical ICT systems, and\n17\nPAGE \\* MERGEFORMAT 1 (d)provide services to public institutions under agreed service level agreements\n(SLAs).\nReports and audits", + "solutions,\n(c) reduce dependence on external contractors for critical ICT systems, and\n17\nPAGE \\* MERGEFORMAT 1 (d)provide services to public institutions under agreed service level agreements\n(SLAs).\nReports and audits\n34The Company shall:\n(a) submit quarterly financial and operational performance reports to the Authority;\n(b) undergo annual audits by the Auditor -General or an auditor approved by the\nAuthority, and\n(c) be subject to technical audits and performance reviews conducted by the\nAuthority.\nLicensing Provisions\nRequirement for licence\n35. (1) A person shall not engage in a business or a related activity in the ICT sector\nunless that person has been granted a licence by the Authority.\n(2) For the purpose of subsection (1), a business or a related activity in the\ninformation and communications technology sector includes\n(a) the installation of ICT infrastructure;\n(b) the development or provision of ICT products and services; and\n(c) all activities requiring licensing or certification under this Act.\n(3) The Authority shall determine the mode of operations for the activities permitted\nunder this section.\n(4) A person who engages in a business or other related activity under this Act or\nRegulations made under this Act without a licence commits an offence and is liable on\nsummary conviction to a fine of not less than two thousand penalty units and not more\nthan five thousand penalty units or to a term of imprisonment of not less than six months\nand not more than two years, or to both.\nCategories of licences\n36. (1) The Authority may issue the following categories of licences to a person\nengaged in a business or related activity in ICT sector\n(a) Public/commercial ICT Infrastructure Licence;\n(b) Cloud Hosting Service Licence;", + "Categories of licences\n36. (1) The Authority may issue the following categories of licences to a person\nengaged in a business or related activity in ICT sector\n(a) Public/commercial ICT Infrastructure Licence;\n(b) Cloud Hosting Service Licence;\n(c) Software as a Service (SaaS) Provider Licence;\n(d) Government Digital Services Partnership Licence;\n(e) National Digital Platform Operator Licence;\n(f) Data Centre Operator Licence;\n(g) Any other categories of licences as determined by the Authority.\n(2) The Authority shall publish the terms and conditions of each licence category\nin the Gazette.\n18\nPAGE \\* MERGEFORMAT 1 (3) The Authority may, by regulations, expand, modify or repeal any category of\nlicence as may be necessary.\nQualification for licence\n37. (1) A person qualifies to apply for a licence under this Act if that person is\n(a) a citizen of eighteen years or above; or\n(b) a company, a partnership, an association or other body, whether incorporated\nor unincorporated, which is wholly owned by a citizen.\nApplication for licence\n38.(1) A person who qualifies under section 37 shall\n(a) apply for a licence to the Authority in the prescribed form; and\n(b) comply with the prescribed requirements.\n(2) An application under subsection (1) shall be accompanied with the prescribed\nfee.\nConsideration of an application for licence\n39. The Authority shall, within ten days of receipt of an application, consider the\napplication.\nGrant of licence\n40.(1) Where the Authority is satisfied that an applicant has met the\nrequirements for the grant of a licence, the Authority shall", + "fee.\nConsideration of an application for licence\n39. The Authority shall, within ten days of receipt of an application, consider the\napplication.\nGrant of licence\n40.(1) Where the Authority is satisfied that an applicant has met the\nrequirements for the grant of a licence, the Authority shall\n(a) approve the application and issue the applicant with a licence in the\nprescribed form; and\n(b) within sixty days, communicate the decision in writing to the applicant.\n(2) Despite subsection (1), the Authority may refuse an application for a licence\nwhere\n(a) it is against the public interest, public safety or public security; or\n(b) the applicant fails to comply with a directive of the Authority\n(3) The Authority shall communicate the reason for the refusal of an application to\nthe applicant.\nValidity and renewal of licence.\n41.(1) A licence issued under this Act is valid for the period specified in the licence and\nmay be renewed.\n(2) An application for renewal of a licence shall\n(a) be made to the Authority in the prescribed manner;\n19\nPAGE \\* MERGEFORMAT 1\n(b)comply with the conditions for renewal as specified in the licence and\nguidelines issued by the Authority; and\n(c) be accompanied with the prescribed fee.\n(3) The Authority may refuse to renew a licence where\n(a) the ICT service provider fails to comply with the terms and conditions of the\nlicence;\n(b) the ICT service provider fails to pay in full the prescribed fee for the renewal\nof the licence;\n(c) the ICT service provider fails to use the licence for the intended purpose one\nyear after issuance;\n(d) the ICT service provider uses falsified documents in an application for the", + "of the licence;\n(c) the ICT service provider fails to use the licence for the intended purpose one\nyear after issuance;\n(d) the ICT service provider uses falsified documents in an application for the\nlicence;\n(e) the ICT service provider fails to comply with the provisions of this Act or\nRegulations made under this Act;\n(f) the continued operation of the business or related activity in the ICT sector\nposes a risk to public health, public safety or public security;\n(g) the services provided by the ICT service provider have deteriorated below\nthe required standards;\n(h) an offence under this Act or Regulations made under this Act is being\ninvestigated in relation to the ICT service provider;\n(i) the ICT service provider fails to honour a financial obligation to the\nAuthority or another public institution regarding sanctions, penalties, levies and\ntaxes; or\n(j) the ICT service provider fails to comply with a directive of the Authority.\nNon-transferability of licence\n42. (1) A licence granted under this Act is not transferable except with the prior\nwritten approval of the Authority.\n(2) A person who transfers a licence contrary to subsection (1) commits an offence\nand is liable on summary conviction to a fine of not less than fifty thousand penalty\nunits and not more than two hundred thousand penalty units or to a term of\nimpris onment of not less than five years and not more than ten years or to both and in\naddition the Authority shall revoke the licence of that person.\nSuspension of licence\n43. (1) The Authority may suspend a licence issued under this Act where\n(a) the ICT service provider fails to comply with the terms and\nconditions of the licence;", + "addition the Authority shall revoke the licence of that person.\nSuspension of licence\n43. (1) The Authority may suspend a licence issued under this Act where\n(a) the ICT service provider fails to comply with the terms and\nconditions of the licence;\n(b) the ICT service provider fails to use the licence for the intended\npurpose one year after the issuance of the licence;\nc) the ICT service provider uses a falsified document in an application\nfor the licence;\n(d)the ICT service provider fails to comply with the provisions of this\nAct or Regulations made under this Act;\n20\nPAGE \\* MERGEFORMAT 1\n(e) the continued operation of the business or commercial activity of the\nICT service provider poses a risk to public health, public safety or public\nsecurity;\n(f) the services provided by the ICT service provider have deteriorated\nbelow the required standards;\n(g) an offence under this Act or Regulations made under this Act in\nrelation to the ICT service provider is being investigated;\n(h) the ICT service provider fails to honour a financial obligation to the\nAuthority or another public institution regarding sanctions, penalties,\nlevies and taxes;\n(i) the ICT service provider fails to comply with a directive of the\nAuthority; or\n(i) the ICT service provider\n(i) becomes insolvent or bankrupt;\n(ii) enters into an arrangement or scheme of composition with\nthe creditors of the ICT service provider; or\n(iii) takes advantage of an enactment for the benefit of the\ndebtors of the ICT service provider or goes into liquidation,\nexcept as part of a scheme for an arrangement or amalgamation.\n(2) The Authority shall, before suspending a licence,", + "the creditors of the ICT service provider; or\n(iii) takes advantage of an enactment for the benefit of the\ndebtors of the ICT service provider or goes into liquidation,\nexcept as part of a scheme for an arrangement or amalgamation.\n(2) The Authority shall, before suspending a licence,\n(a) give the ICT service provider fifteen days' notice in writing of the intention to suspend the\nlicence;\n(b) specify in the notice the reasons for the intended suspension; and\n(c) give an opportunity to the ICT service provider to make a written representation within ten\ndays of receipt of the notice or remedy the breach if the breach is capable of remedy.\nRestoration of suspended licence\n44. (1) The Authority may restore a suspended licence if the ICT service provider remedies the\nbreach in the manner specified by the Authority.\n(2) The Authority shall restore a licence of a ICT service provider within sixty days of the ICT\nservice provider remedying the breach that resulted in the suspension.\n(3) Where the Authority restores the licence of a ICT service provider, the Authority shall\nreinstate the name of the ICT products and service provider in the register of ICT products and\nservice providers.\nRevocation of licence\n45. (1) The Authority may revoke the licence of a ICT service provider, where the licence\nof the ICT service provider has been suspended and the ICT service provider fails to remedy\nthe breach that resulted in the suspension.\n(2) The Authority shall, before revoking a licence,\n(a)give the ICT service provider fifteen days' notice in writing of the intention to revoke the\nlicence;\n21\nPAGE \\* MERGEFORMAT 1 (b) specify in the notice the reasons for the intended revocation; and", + "(a)give the ICT service provider fifteen days' notice in writing of the intention to revoke the\nlicence;\n21\nPAGE \\* MERGEFORMAT 1 (b) specify in the notice the reasons for the intended revocation; and\n(c) give an opportunity to the ICT service provider to make a written representation within ten\ndays of receipt of the notice or remedy the breach within twenty -one days if the breach is\ncapable of remedy.\nCertification of ICT Professionals\n46.(1) A person shall not be appointed as an ICT professional in a public or private institution\nunless that person is certified by the Authority.\n(2) The Authority shall determine the criteria and procedure for the certification of ICT\nprofessionals.\nRegister of ICT products and service providers\n47.(1) The Authority shall establish and maintain a register of ICT products and service\nproviders in which the Authority shall record\n(a) the names and particulars of ICT products and service providers issued with licences under\nthis Act;\n(b) the categories of licences issued to ICT products and service providers;\n(c) licence applications;\n(d) equipment approvals;\n(e) infrastructure service providers; and\n(f) any other information that the Authority may determine.\n(2) The Authority shall update the register of ICT products and service providers every six\nmonths.\nClosure of Premises or Facility by the Authority\nClosure of premises or facility\n48.(1) The Authority may close down the operations of any premises or a facility used for a\nbusiness or related activity in the ICT sector where\n(a) the continued operation of the business or related activity poses a risk to public health,\npublic safety, public security or the environment;\n(b) the services provided by the ICT provider have deteriorated below the required standard;", + "business or related activity in the ICT sector where\n(a) the continued operation of the business or related activity poses a risk to public health,\npublic safety, public security or the environment;\n(b) the services provided by the ICT provider have deteriorated below the required standard;\n(c) the ICT service provider fails to comply with any of the terms and conditions of the licence;\nor\n(d) the provisions of this Act or Regulations made under this Act are not being complied with.\n(2) The Authority shall, before closing down the operations of any premises or facility\n(a) give the ICT service provider fifteen days' notice in writing of the intention to close down\nthe operations of the premises or facility; and\n(b) specify in the notice the reason for the intended closure.\n(3) Despite subsection (2), where the operation of premises or a facility poses imminent danger\nto public health, public safety, public security or is injurious to the public interest, the Authority\nmay take necessary interim measures including\n(a) the immediate seizure of ICT products or equipment;\n(b) the suspension of the business or related activities; or\n(c) the closure of the premises or facility.\n(4) The Authority shall issue guidelines to govern the exercise of the powers of the Authority\nunder this section.\nSale, Merger, Amalgamation and Alteration of the Nature of Business\n22\nPAGE \\* MERGEFORMAT 1 Sale, merger, amalgamation and alteration of nature of business by ICT service provider\n49.(1) An ICT service provider shall not enter into an agreement or arrangement for\n(a) the sale, disposal or transfer of the whole or part of the business of the ICT service provider,", + "49.(1) An ICT service provider shall not enter into an agreement or arrangement for\n(a) the sale, disposal or transfer of the whole or part of the business of the ICT service provider,\n(b) the amalgamation or merger of the business of the ICT service provider with another ICT\nservice provider, or\n(c) the alteration of the business of the ICT service provider,\nexcept with the prior written approval of the Authority.\n(2) Despite the provisions specified in the Companies Act, 2019 (Act 992) a sale, merger,\namalgamation or the alteration of the nature of a business which involves an ICT service\nprovider shall not take effect unless approved by the Authority.\n(3) A person who acquires shares of a ICT service provider in connection with a sale, merger,\nor amalgamation shall meet the requirements of this Act before applying for approval under\nthe Securities Industry Act, 2016 (Act 929).\n(4) An agreement or arrangement entered into in contravention of subsection (1) is null and\nvoid.\nPerformance Standards and Specifications\nPerformance standards\n50.The Authority shall\n(a) develop performance standards in the ICT sector;\n(b) publish the performance standards in the Gazette; and\n(c) enforce the performance standards in the ICT sector.\nSpecifications for ICT products and services\n51. The Authority shall\n(a) set specifications for ICT products and services; and\n(b) publish the specifications in the Gazette.\nCompliance Monitoring and Technical Clearance\n52. (1) The Authority shall monitor the activities of licensees and certified persons to ensure\ncompliance with this Act.\n(2) A public institution shall obtain technical clearance from the Authority before undertaking\nany major ICT procurement or deployment.", + "Compliance Monitoring and Technical Clearance\n52. (1) The Authority shall monitor the activities of licensees and certified persons to ensure\ncompliance with this Act.\n(2) A public institution shall obtain technical clearance from the Authority before undertaking\nany major ICT procurement or deployment.\n(3) The Authority may issue guidelines to define the thresholds for what constitutes a major\nICT project requiring technical clearance.\nNational Digital Architecture\n53(1) The Authority shall develop and maintain a National Digital Architecture to guide the\ndeployment and integration of ICT systems across the public sector.\n(2) The architecture shall include standards for data exchange, interoperability, cybersecurity,\nuser authentication, and shared platforms.\nICT Project Registry\n54.(1) The Authority shall establish and maintain an ICT Project Registry to record all public\nsector ICT projects.\n(2) A public institution shall register a project before initiating procurement or implementation.\n(3) The Authority may review registered projects to ensure alignment with national priorities\nand standards.\n23\nPAGE \\* MERGEFORMAT 1 Shared Services and Infrastructure\n55.(1) The Authority shall coordinate the deployment of shared ICT infrastructure and services\nfor public institutions.\n(2) Shared services shall include hosting platforms, security frameworks, and cross -sectoral\ndigital tools.\n(3) A public institution shall use shared services designated by the Authority unless otherwise\nexempted in writing.\nAudit and Standards for Public ICT\n56. (1) The Authority shall conduct periodic audits of public ICT systems to assess compliance\nwith prescribed standards.\n(2) The Authority may issue improvement plans to public institutions based on audit findings.\n(3) An institution that fails to implement an improvement plan commits an administrative\nbreach and shall pay to the Authority an administrative penalty of not less than five thousand", + "with prescribed standards.\n(2) The Authority may issue improvement plans to public institutions based on audit findings.\n(3) An institution that fails to implement an improvement plan commits an administrative\nbreach and shall pay to the Authority an administrative penalty of not less than five thousand\nand not more than ten thousand penalty units.\nPerformance Monitoring and Reporting\n57.(1) The Authority shall develop a framework for monitoring performance indicators for\ndigital governance.\n(2) Each public institution shall submit periodic ICT performance reports in a manner directed\nby the Authority.\n(3) The Authority shall compile an annual Public Sector Digital Index Report for submission\nto the Minister and publication.\n(4) The Authority shall maintain a register of certified professionals and may suspend or revoke\ncertification for misconduct or breach of standards.\nICT Performance Standards and Certification Tiers\n58. (1) The Authority shall prescribe and enforce ICT performance standards and certification\ntiers for infrastructure, services, and professionals.\n(2) Certification tiers shall reflect levels of security, interoperability, reliability, and user\naccessibility.\n(3) A public institution shall procure ICT services and systems only from providers certified\nby the Authority at a prescribed tier.\nCapacity Building and Local Innovation Support\n59. (1) The Authority shall implement programmes for the training and professional\ndevelopment of ICT officers in the public sector.\n(2) The Authority shall promote partnerships with technology firms, start -ups, and academia\nto support indigenous ICT innovation.\nRegulatory Sandbox for ICT Innovation\n60.(1) The Authority shall establish a Regulatory Sandbox Framework to allow eligible\ninnovators to test new ICT products, services, business models, or delivery mechanisms in a\ncontrolled environment, subject to defined parameters and duration.", + "to support indigenous ICT innovation.\nRegulatory Sandbox for ICT Innovation\n60.(1) The Authority shall establish a Regulatory Sandbox Framework to allow eligible\ninnovators to test new ICT products, services, business models, or delivery mechanisms in a\ncontrolled environment, subject to defined parameters and duration.\n(2) A person or entity that qualifies for participation in the sandbox shall receive temporary\nregulatory reliefs as determined by the Authority.\n(3) The Authority shall issue guidelines governing the eligibility, application, monitoring, exit,\nand evaluation criteria for participation in the Regulatory Sandbox.\n24\nPAGE \\* MERGEFORMAT 1 (4) Participation in the sandbox shall not exempt a person from obligations under data\nprotection, consumer protection, and anti -money laundering laws, unless explicitly provided\nfor by the Authority.\nRisk -Based and Principles -Oriented Approach\n61.(1) The Authority shall exercise its regulatory functions using a risk -based and principles -\noriented approach, focusing on the outcomes of compliance, consumer protection, security, and\ninnovation facilitation.\n(2) The Authority shall develop a risk categorisation model to differentiate regulatory oversight\nbased on the scale, nature, and impact of the ICT activity or service.\n(3) In applying this Act or Regulations, the Authority shall adopt regulatory measures that are\nproportionate to the risks posed and shall promote flexibility and innovation within the ICT\necosystem.\nFuture Technologies and Adaptive Regulation\n62.(1) The Authority shall ensure that regulatory instruments under this Act are technology -\nneutral and do not unduly constrain innovation.\n(2) The Authority shall periodically review its rules, standards, and procedures to accommodate\nemerging technologies, including but not limited to artificial intelligence, blockchain, the", + "neutral and do not unduly constrain innovation.\n(2) The Authority shall periodically review its rules, standards, and procedures to accommodate\nemerging technologies, including but not limited to artificial intelligence, blockchain, the\nInternet of Things, cryptocurrency and cross -border cloud services.\nDigital Inclusion and Accessibility\n63.(1) The Authority shall promote universal and inclusive access to ICT services, with\nparticular focus on persons with disabilities, women, rural populations, and marginalized\ngroups.\n(2) The Authority shall develop and implement national standards for ICT accessibility based\non international best practices, including the Web Content Accessibility Guidelines (WCAG).\n(3) The Authority shall collaborate with relevant agencies and civil society organizations to\nimplement digital literacy programs and gender -responsive digital empowerment initiatives.\nMulti -Stakeholder Advisory Forum\n64.(1) There is established by this Act a Multi -Stakeholder Advisory Forum to provide policy\nand strategic advice to the Authority.\n(2) The Forum shall comprise representatives from:\n(a) the private ICT sector;\n(b) civil society organizations;\n(c) academic and research institutions;\n(d) certified ICT professionals;\n(e) international development partners; and\n(f) any other stakeholder the Authority may determine.\n(3) The Forum shall meet at least once a year and submit recommendations to the Board of\nDirectors.\n(4) The Authority shall publish a summary of the Forum\u2019s deliberations and responses in its\nannual report.\nPeriodic Review of Regulatory Instruments\n65. (1) The Authority shall undertake a comprehensive review of all regulatory instruments\nmade under this Act at least once every five (5) years.\n25", + "(4) The Authority shall publish a summary of the Forum\u2019s deliberations and responses in its\nannual report.\nPeriodic Review of Regulatory Instruments\n65. (1) The Authority shall undertake a comprehensive review of all regulatory instruments\nmade under this Act at least once every five (5) years.\n25\nPAGE \\* MERGEFORMAT 1 (2) The review shall evaluate the continued relevance, effectiveness, and flexibility of\nregulations in light of technological advancements, market developments, and stakeholder\nneeds.\n(3) The Authority shall conduct public consultations and publish a Regulatory Impact\nAssessment Report following each review.\nCollaboration with Other Agencies\n66. The Authority shall collaborate with public sector institutions, regulatory bodies, private\nsector actors, and international development partners and organisations in the discharge of its\nmandate.\nSubmission of reports by ICT service providers\n67. (1) A ICT service provider shall submit annual reports on the business and related activities\nof the ICT service provider to the Authority.\n(2) A report under subsection (1) shall be submitted within\n(a) fifteen days after the end of month ending December 31 in any year; or\n(b) a period specified in guidelines issued by the Authority.\n(3) The Authority may request additional information from a ICT service provider on the\nfollowing\n(a) the conduct, practices and management of the business of the ICT service provider;\n(b) the transactions related to the operations of the ICT service provider; and\n(c) financial and operational compliance with applicable enactments.\n(4) The Authority shall, within thirty days after receipt of the report, consider the report and\ntake necessary action.\nInvestigation and Enforcement\nInspector\n68. (1) The Director General, in consultation with the Board of Directors, may for the purpose", + "(4) The Authority shall, within thirty days after receipt of the report, consider the report and\ntake necessary action.\nInvestigation and Enforcement\nInspector\n68. (1) The Director General, in consultation with the Board of Directors, may for the purpose\nof this Act, designate an officer as an inspector to, subject to strict ethical guidelines, inspect\npremises or a facility engaged in a business or related activ ity in the ICT sector to ensure\ncompliance with this Act.\n(2) An inspector shall, before conducting an inspection, obtain prior written authorisation from\nthe Director General, and if required, produce the authorisation to the person in charge of the\npremises or facility.\n(3) An inspector shall be subject to a code of conduct with penalties for misconduct.\nPower of an inspector\n69. (1) An inspector may, at any reasonable time, enter premises or a facility to investigate\nactivities if there is reason to believe the premises or facility is being used for an unlicensed\nbusiness or related activity in the ICT sector.\n(2) The inspector shall, upon entry into the premises or facility, inspect\n(a) the licence of the ICT service provider;\n(b) the premises of the ICT service provider; and\n(c) any records relevant to compliance with this Act.\n(3) An inspector may, at any reasonable time, enter premises, a vehicle, a vessel or an aircraft\nto\n(a) examine records or documents related to ICT transactions;\n(b) search for evidence of illegal ICT transactions or unlicensed operations;\n26\nPAGE \\* MERGEFORMAT 1 (c) require the owner or manager of the premises, vehicle, vessel or aircraft to provide relevant\ndocuments;", + "to\n(a) examine records or documents related to ICT transactions;\n(b) search for evidence of illegal ICT transactions or unlicensed operations;\n26\nPAGE \\* MERGEFORMAT 1 (c) require the owner or manager of the premises, vehicle, vessel or aircraft to provide relevant\ndocuments;\n(d) seize and detain ICT product or related materials suspected to be used in contravention of\nthis Act; and\n(e) ascertain whether a ICT service provider is conducting business in accordance with this Act\nand Regulations made under this Act.\n(4) Upon the seizure and detention of ICT products or equipment by an inspector of the\nAuthority, the Authority shall within seven (7) days after the seizure and detention, apply to\nthe Tribunal under section 77 of this Act for validation or otherwise of the seizure and\ndetention.\n(5) An inspector may be accompanied by a police officer or any other security personnel in the\nexercise of powers under this section.\n(6) An inspector who conducts an inspection under this section shall, within forty -eight (48)\nhours of the conduct of the inspection, submit a written report of the inspection to the Director\nGeneral.\nObstruction of an inspector\n70. A person who obstructs an inspector in the exercise of a power under section 67 commits\nan offence and is liable on summary conviction to a fine of not less than two thousand penalty\nunits and not more than five thousand penalty units or to a term of i mprisonment of not less\nthan six months and not more than two years or to both.\nEnforcement powers of the Authority\n71. (1) The Authority may\n(a) require an applicant for a licence or a ICT service provider to produce a document or other\nrelevant information;", + "than six months and not more than two years or to both.\nEnforcement powers of the Authority\n71. (1) The Authority may\n(a) require an applicant for a licence or a ICT service provider to produce a document or other\nrelevant information;\n(b) apply to a court of competent jurisdiction for a warrant to\n(i) search premises and seize evidence; or\n(ii) seize any materials related to a contravention of this Act\u00b7\n(c) require the attendance of a witness for investigation;\n(d) restrain a ICT service provider who has breached a condition of the licence from engaging\nin a business or a related activity in the ICT sector; and\n(e) assess and award damages against a ICT service provider in favour of an injured third party.\n(2) The Authority shall have custody of all confiscated ICT products and equipment.\n(3) For the purpose of subsection (1), an officer authorised by the Authority may exercise the\npower of search or investigation conferred on a police officer under the Criminal and Other\nOffences (Procedure) Act, 1960 (Act 30).\nOther powers of the Authority\n72.Without limiting section 69, where a person contravenes a provision of this Act or\nRegulations made under this Act, the Authority may\n(a) issue a warning to the violator;\n(b) order the forfeiture of ICT products or equipment obtained illegally;\n(c) issue a cease -and-desist order;\n(d) suspend or revoke a licence in accordance with this Act; and\n(e) take any other action necessary to ensure compliance with this Act.\nOther enforcement measures\n73(1) The Authority shall, in collaboration with relevant institutions conduct a random ICT", + "(d) suspend or revoke a licence in accordance with this Act; and\n(e) take any other action necessary to ensure compliance with this Act.\nOther enforcement measures\n73(1) The Authority shall, in collaboration with relevant institutions conduct a random ICT\naudit of a public/commercial ICT infrastructure or an ICT service provider.\n27\nPAGE \\* MERGEFORMAT 1 (2) The Authority may seize and confiscate ICT products or equipment if\n(a) the ICT product or equipment lacks necessary documentation;\n(b) a ICT service provider or any other person seeks to bypass regulatory oversight; or\n(c) the ICT operations violates anti -money laundering and counter -terrorism financing laws.\nDispute Resolution\nNegotiation\n74.(1) Where a dispute arises between ICT service providers regarding licensed activities, the\nICT service providers shall resolve the dispute amicably through negotiation.\n(2) Where the parties are unable to resolve the dispute through negotiations, either party to the\ndispute may refer the dispute to the Dispute Resolution Committee established under section\n75.\nDispute Resolution Committee\n75. (l) There is established by this Act a Dispute Resolution Committee.\n(2) The Dispute Resolution Committee shall\n(a) investigate and hear disputes between ICT service providers without delay;\n(b) conduct proceedings fairly and transparently; and\n(c) deliver decisions within thirty days from the date of receipt of a dispute.\nComposition and procedure of the Dispute Resolution Committee\n76. (1) The Board of Directors shall determine the composition and the rules of procedure of\nthe Dispute Resolution Committee.\n(2) Despite subsection (1), the Dispute Resolution Committee shall be chaired by a lawyer with\nat least ten years' experience in the practice of alternative dispute resolution.", + "76. (1) The Board of Directors shall determine the composition and the rules of procedure of\nthe Dispute Resolution Committee.\n(2) Despite subsection (1), the Dispute Resolution Committee shall be chaired by a lawyer with\nat least ten years' experience in the practice of alternative dispute resolution.\n(3) The Authority shall publish the rules of procedure of the Dispute Resolution Committee in\nthe Gazette.\nDecisions of the Dispute Resolution Committee\n77. The Dispute Resolution Committee may, in resolving a dispute\n(a) declare the rights and obligations of the parties;\n(b) make a provisional order or an interim order;\n(c) provide directions to facilitate the proceedings;\n(d) dismiss a frivolous or a vexatious claim;\n(e) award costs against a party, where appropriate; and\n(f) issue any other directive necessary to resolve the matter.\nAppeal against the decision of the Dispute Resolution Committee\n79. A person who is aggrieved by a decision of the Dispute Resolution Committee may appeal\nto the National Information Technology Tribunal established under this Act.\nNational Information Technology Tribunal\nEstablishment of the National Information Technology Authority Tribunal\n80.(1) There is established by this Act, the National Information Technology Tribunal.\n(2) The Tribunal shall be constituted to consider appeals regarding\n(a) a decision made by the Authority;\n28\nPAGE \\* MERGEFORMAT 1 (b) a matter relating to a licence issued under this Act; or\n(c) a decision of the Dispute Resolution Committee.\nComposition of the Tribunal\n81. (1) The Tribunal consists of\n(a) a chairperson, who is\n(i) a retired Justice of the Superior Courts of Judicature, or", + "(c) a decision of the Dispute Resolution Committee.\nComposition of the Tribunal\n81. (1) The Tribunal consists of\n(a) a chairperson, who is\n(i) a retired Justice of the Superior Courts of Judicature, or\n(ii) a lawyer with at least fifteen years' experience in the regulation of the ICT sector or the\npractice of alternative dispute resolution; and\n(b) two other members with expertise in ICT.\n(2) The Minister shall appoint the chairperson and other members of the Tribunal\n(3) Sections 9 and 11 on disclosure of interest and allowances apply to a member of the\nTribunal.\nAdministration of the Tribunal\n82.(1) The Minister shall appoint\n(a) a Registrar to manage the administrative affairs of the Tribunal; and\n(b) other staff necessary for the efficient and effective operation of the Tribunal.\n(2) The Registrar shall oversee the day -to-day operations of the Tribunal.\nExpenses of the Tribunal\n83. (1) The expenses of the Tribunal shall be a charge on the funds of the Authority.\n(2) The chairperson of the Tribunal shall submit an annual budget for approval by the Board\nof Directors.\n(3) The Board of Directors shall release funds for the operations of the Tribunal no later than\nthe first quarter of the financial year.\nAllowances\n84. The members and staff of the Tribunal shall be paid such allowances determined by the\nMinister in consultation with the Minister responsible for Finance as and when the Tribunal\nhears cases.\nRules of procedure of the Tribunal\n85. (1) The Board of Directors shall, within ninety days of the coming into force of this Act,\nprescribe rules of procedure for the Tribunal.\n(2)The Board of Directors shall publish the rules in the Gazette.", + "hears cases.\nRules of procedure of the Tribunal\n85. (1) The Board of Directors shall, within ninety days of the coming into force of this Act,\nprescribe rules of procedure for the Tribunal.\n(2)The Board of Directors shall publish the rules in the Gazette.\nRight of appeal\n86. (1) A person aggrieved by a decision of the Authority or the Dispute Resolution Committee\nmay, within twenty -one days of the date of the decision, appeal to the Tribunal.\n(2) A notice of appeal under subsection (1) shall specify\n(a) the decision being appealed against;\n(b) the legal provisions under which the decision was made; and\n(c) the grounds for appeal.\n(3) The Tribunal shall convene to hear the appeal within thirty days of receipt of the notice of\nappeal.\nDecisions of the Tribunal\n87(1) The Tribunal may, after hearing an appeal,\n(a) overturn the decision being appealed;\n29\nPAGE \\* MERGEFORMAT 1 (b) partially allow the appeal; or\n(c) dismiss the appeal and uphold the decision of the Dispute Resolution Committee or the\nAuthority.\n(2) Where the Tribunal allows an appeal in part, the Tribunal may modify the decision of the\nAuthority or the Dispute Resolution Committee subject to conditions that the Tribunal\nconsiders appropriate.\n(3) The decision of the Tribunal shall have the same effect as a judgment of the High Court.\nAppeal against a decision of the Tribunal\n88. (1) A party who is dissatisfied with a decision of the Tribunal on a matter may appeal to\nthe Court of Appeal.\n(2) An appeal under subsection (1) shall be\n(a) on a point of law only; and", + "Appeal against a decision of the Tribunal\n88. (1) A party who is dissatisfied with a decision of the Tribunal on a matter may appeal to\nthe Court of Appeal.\n(2) An appeal under subsection (1) shall be\n(a) on a point of law only; and\n(b) filed within thirty days of the decision of the Tribunal.\nOffence, Penalties and Administrative Penalty\nGeneral offences and penalties\n89. (1) A person shall not\n(a) unlawfully destroy, damage, or interfere with equipment, installations, or facilities used in\nthe ICT sector ;\n(b) provide false information or fraudulent documentation related to ICT transactions;\n(c) fail or neglect to comply with the terms and conditions of a licence;\n(d) offer a bribe or incentive to an officer of the Authority to circumvent this Act or Regulations\nmade under this Act;\n(e) front or connive to acquire a licence under this Act or Regulations made under this Act.\n(2) A person who contravenes a provision of subsection (1) commits an offence and is liable\non summary conviction to a fine of not less than two thousand penalty units and not more than\nfive thousand penalty units or to a term of imprisonment of not less t han six months years and\nnot more than two years or to both.\nEmbezzlement, misappropriation or diversion of funds\n90.(1) A person shall not embezzle, misappropriate or divert funds meant for the Authority or\nthe Republic under this Act.\n(2)A person who contravenes subsection (1) commits an offence and is liable on summary\nconviction to a fine of not less than five thousand penalty units and not more than ten thousand", + "the Republic under this Act.\n(2)A person who contravenes subsection (1) commits an offence and is liable on summary\nconviction to a fine of not less than five thousand penalty units and not more than ten thousand\npenalty units or to a term of imprisonment of not less than five years a nd not more than twenty\nyears or to both.\nOffences Relating to Licensing and Certification\n91.(1) A person who\n(a) provides ICT services or operates ICT infrastructure without a valid licence,\n(b) falsely represents themselves as a certified ICT professional, or\n(c) submits false information to obtain a licence or certification,\ncommits an offence and is liable on summary conviction to a fine of not less than one thousand\npenalty units and not more than two thousand penalty units or to a term of imprisonment of\nnot less than six months years and not more than two years, or to bot h.\nInterference with Technical Clearance\n30\nPAGE \\* MERGEFORMAT 1 92. A person who obstructs or circumvents the technical clearance process of the Authority\ncommits an offence and is liable on summary conviction to a fine of not less than one thousand\npenalty units and not more than two thousand penalty units or to a t erm of imprisonment of\nnot less than six months years and not more than two years, or to both.\nObstruction of Compliance Reviews\n93. A person who\n(a) refuses to provide information lawfully requested by a Compliance Inspector of the\nAuthority,\n(b) prevents or delays access to ICT systems or facilities during an inspection, or\n(c) conceals, alters, or destroys relevant documentation,\ncommits an offence and is liable on summary conviction to a fine of not less than two thousand", + "Authority,\n(b) prevents or delays access to ICT systems or facilities during an inspection, or\n(c) conceals, alters, or destroys relevant documentation,\ncommits an offence and is liable on summary conviction to a fine of not less than two thousand\npenalty units and not more than five thousand penalty units or to imprisonment for a term of\nnot less that twelve months and not more than two years, or to both .\nOffence by a body corporate\n94.Where a body corporate commits an offence under this Act, every director, manager, officer\nand shareholder responsible for the operations of the body corporate is considered to have\ncommitted the offence unless the director, manager, officer or sharehol der proves that the\ndirector, manager, officer or shareholder exercised due diligence to prevent the commission of\nthe offence.\nAdministrative penalty\n95.(1) A ICT service provider or any other entity regulated under\nthis Act or Regulations made under this Act who\n(a) fails to comply with a directive issued by the Authority, or\n(b) refuses or neglects to provide required information to the Authority,\nis liable to pay to the Authority an administrative penalty of not less than twenty thousand\npenalty units and not more than fifty thousand penalty units.\n(2) Where a person fails to pay an administrative penalty imposed under subsection (1), the\nAuthority may\n(a) suspend or revoke the licence of the person; or\n(b) prohibit the person from engaging in a business or related activity in the ICT sector within\nthe country.\nOther Offences\n96. A person who\n(a)makes a false declaration in an application for a licence,\n(b)makes a false declaration in an application for registration of a licence,", + "(b) prohibit the person from engaging in a business or related activity in the ICT sector within\nthe country.\nOther Offences\n96. A person who\n(a)makes a false declaration in an application for a licence,\n(b)makes a false declaration in an application for registration of a licence,\nwilfully destroys or damages a register kept under this Act commits an offence and is liable on\nsummary conviction to a fine of not more than five hundred penalty units or co a term of\nimprisonment of not more than two years or to both and in the case of a continuing offence to\na further fine of ten penalty units for each day during which the offence continues after written\nnotice has been served on the offender by the Authority .\n97.(1) A person who negligently causes a cybersecurity breach commits an offence and is liable\non conviction to a fine of up to two thousand penalty units or to imprisonment for a term not\nexceeding five years, or to both.\n31\nPAGE \\* MERGEFORMAT 1 (2) A person who engages in fraudulent ICT practices, including but not limited to\ncryptocurrency scams, commits an offence and is liable on conviction to a fine of up to five\nthousand penalty units or to imprisonment for a term not exceeding ten years, or to both.\n(3) A data center operator who fails to meet licensing or operational standards prescribed by\nthe Authority commits an offence and is liable to a fine of up to three thousand penalty units\nand/or suspension of operations.\n(4) A person who hosts critical data without accreditation as required by the Authority commits\nan offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment\nfor a term not exceeding seven years, or to both.", + "and/or suspension of operations.\n(4) A person who hosts critical data without accreditation as required by the Authority commits\nan offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment\nfor a term not exceeding seven years, or to both.\n(5) A person who fails to conduct and submit an audit report as required by the Authority\ncommits an offence and is liable to a fine of one thousand penalty units for each month of\ndelay.\n(6) A person who submits a false report to the Authority commits an offence and is liable on\nconviction to a fine of five thousand penalty units or to imprisonment for a term not exceeding\nfive years, or to both.\n(7). A person who obstructs Compliance Officers by rejecting, interfering with, or evading their\nlawful duties commits an offence and is liable to immediate suspension of ICT operations until\ncompliance is achieved.\n(8)A person who repeatedly violates multiple provisions of this Act or Regulations commits an\noffence and is liable on conviction to a fine of five thousand penalty units and permanent\nrevocation of operating licences.\n(9) A person whose gross negligence leads to data breaches or system failures commits an\noffence and is liable on conviction to a fine of up to ten thousand penalty units or ten percent\nof annual turnover (whichever is higher), plus mandatory third -party audit s.\n(10) A person who retaliates against a whistleblower in connection with any offence under this\nAct commits an offence and is liable on conviction to double the maximum penalty prescribed\nfor the underlying offence.\nMiscellaneous Provisions\nProcedure for decision -making by the Authority\n98.(1) In the exercise of its function under this Act and the Electronic Transactions Act, 2025", + "Act commits an offence and is liable on conviction to double the maximum penalty prescribed\nfor the underlying offence.\nMiscellaneous Provisions\nProcedure for decision -making by the Authority\n98.(1) In the exercise of its function under this Act and the Electronic Transactions Act, 2025\n(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\nas required by the Electronic Transactions Act, 2025 (Act \u2026) prior to\nmaking a decision;\n(b) grant a person who is or is likely to be affected by a decision of the\nBoard, an opportunity;\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\nsubmission made or received in the course of any consultation.\n(3) Where the Board makes a decision, it shall\n32\nPAGE \\* MERGEFORMAT 1 (a) state in writing the reasons for the decision; and\n(b) provide in accordance with its procedure; notification of the\ndecision to the relevant persons.\n(4) The Board may, on application or on its own motion, review, rescind or vary a\ndecision made by it or hear a matter again before rendering a decision.\nRegister of interests\n99.(1) The Director -General shall cause to be kept and maintained a Register in which shall be\nrecorded details of", + "decision made by it or hear a matter again before rendering a decision.\nRegister of interests\n99.(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\n100.(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 Code of Conduct shall among other provide for disciplinary and ethical matters\n(3) The Board shall revise the code of conduct from time to time having regard to the changing\nregulatory objectives in the communications industry.\nPublication of notices and directives\n101.(1) Where a provision of this Act requires publication of a notice or a directive in the\nGazette, the Authority may, in addition to publication in the Gazette, publish the notice or\ndirective\n(a) in a daily newspaper of national circulation;\n(b) on radio and television; and", + "101.(1) Where a provision of this Act requires publication of a notice or a directive in the\nGazette, the Authority may, in addition to publication in the Gazette, publish the notice or\ndirective\n(a) in a daily newspaper of national circulation;\n(b) on radio and television; and\n(c) on the website of the Authority.\n(2) The Authority shall ensure that a notice or directive is accessible to relevant stakeholders.\nPublic engagement\n102. The Authority shall organise periodic public engagement on the operations of the\nAuthority.\nRegulations\n103. The Minister may, by legislative instrument, make Regulations to\n(a) define, expand or modify the scope of activities that constitute business or related\nactivities in the ICT sector;\n(b) specify procedures for submitting, investigating and resolving complaints in the ICT\nsector;\n(c) establish disciplinary procedures for ICT service providers;\n33\nPAGE \\* MERGEFORMAT 1 (d) regulate the licensing process for business and related activities in the ICT sector;\n(e) set guidelines and standards of performance for ICT services;\n(i) establish health and safety protocols for the ICT sector ;\n(g) provide for the digitalisation of the operations of the Authority;\n(h) prescribe rules for Ghanaian content and Ghanaian participation in the ICT sector;\n(i) prescribe rules for consumer protection in the ICT sector;\n(j) prescribe licensing procedures and categories;\n(k) certification standards;\n(l) compliance monitoring mechanisms;\n(m) public sector ICT governance;\n(g) prescribe for fair trade practices and anti -competition rules in the ICT sector;\n(h) regulate data centres and ICT infrastructure;\n(i) prescribe fees chargeable under this Act,\n(j) provide for forms for applications,", + "(m) public sector ICT governance;\n(g) prescribe for fair trade practices and anti -competition rules in the ICT sector;\n(h) regulate data centres and ICT infrastructure;\n(i) prescribe fees chargeable under this Act,\n(j) provide for forms for applications,\n(k) prescribe requirements for licences and approvals for equipment,\n(l) provide procedures for the systematic implementation of a national information\ncommunications technology policy,\n(m) provide for any other matter necessary for the effective and efficient implementation of\nthis Act.\nInterpretation\n104. (1) In this Act, unless the context otherwise requires, \u2014\n\"adaptive regulation \" means regulatory practices designed to evolve in response to emerging\ntechnologies and changing market dynamics;\n\"Authority\" means the National Information Technology Authority established under section\n1;\n\"Board\" means the Governing Board of the Authority;\n\"certification tiers\" means graduated levels of certification that indicate the performance,\nreliability, and compliance level of ICT services or professionals;\n\"certified professional\" means a person certified under this Act to provide ICT services in the\npublic sector;\n\"chairperson\" means the chairperson of the Board;\n\"cloud computing\" means delivery of computing services \u2014including servers, storage,\ndatabases, networking, software \u2014over the internet (\u201cthe cloud\u201d) ;\n\"cloud hosting environments\" means virtualized computing platforms provided over the\ninternet to host data, applications, and services;\n\"compliance inspector\" means an officer designated by the Authority to monitor, audit, and\ninspect entities for compliance with this Act;\n\"data centre\" means a facility used to house computer systems, servers, and associated\ncomponents such as telecommunications and storage systems for data processing and storage;", + "\"compliance inspector\" means an officer designated by the Authority to monitor, audit, and\ninspect entities for compliance with this Act;\n\"data centre\" means a facility used to house computer systems, servers, and associated\ncomponents such as telecommunications and storage systems for data processing and storage;\n\"domain name\" means a unique, human -readable identifier that corresponds to a numeric\nInternet Protocol address and is used to locate websites or digital services on the internet;\n\"enactment\" includes an Act of Parliament, a legislative instrument, or any subsidiary\nlegislation or regulation made under statutory authority and having the force of law in Ghaba;\n\"enterprise software solutions\" means integrated digital systems designed to manage core\noperations of an organization, including finance, human resources, and supply chain;\n\"Government ICT Infrastructure Operator \" means a company licensed by the Authority to\nmanage, operate, and develop core government digital infrastructure;\n34\nPAGE \\* MERGEFORMAT 1 \"ICT\" means information and communications technology which refers to all technologies,\nsystems, infrastructure, software, and platforms used for the collection, processing, storage,\ntransmission, and dissemination of digital information and electronic comm unications. For\nthe purposes of this Act, ICT shall include \u2014\na) digital hardware and software systems;\nb) information systems and digital applications, especially within government operations;\nc) data centres, hosting facilities, electronic and cloud -based infrastructure;\nd) digital innovation, platforms, and emerging technologies deployed in the public sector; and\ne) associated standards, architecture, and interoperability frameworks;\n\"ICT infrastructure\" includes physical and virtual systems such as servers, networks, data\ncenters, cloud platforms, and related hardware or software required for digital operations;", + "e) associated standards, architecture, and interoperability frameworks;\n\"ICT infrastructure\" includes physical and virtual systems such as servers, networks, data\ncenters, cloud platforms, and related hardware or software required for digital operations;\n\"ICT service provider\" means an individual or entity licensed by the Authority to provide\nICT products, services, platforms, or infrastructure within the ICT sector;\n\"improvement plan\" means a set of recommendations and steps issued by the Authority to\nguide an entity towards compliance with performance standards;\n\"information technology\" means the application of digital systems, computing devices,\nsoftware, networks, and electronic data processing tools to collect, process, store, retrieve,\nand disseminate information for operational, administrative, or strategic p urposes;\n\"internet protocol address\" means a unique numerical label assigned to a device or node\nconnected to a computer network that uses the Internet Protocol for identification and\ncommunication;\n\"interoperability\" means the ability of different ICT systems and applications to\ncommunicate, exchange data, and use the information effectively;\n\"Minister\" means the Minister responsible for Communication, Digital Technology, and\nInnovations;\n\"Ministry\" means the Ministry responsible for Information Communications Technology or\nDigitalisation;\n\"national digital identity services\" means digital systems and platforms that authenticate and\nmanage unique identities of individuals or institutions for electronic services;\n\"performance standards\" means formalized metrics and criteria prescribed by the Authority to\nevaluate the quality, efficiency, security, and user experience of ICT systems and services;\n\"prescribed\" means specified by or in accordance with this Act or Regulations, directives,\nnotices or guidelines issued under this Act;\n\"principles -oriented regulation \" means a regulatory approach focused on broad objectives\nand outcomes rather than prescriptive rules;", + "\"prescribed\" means specified by or in accordance with this Act or Regulations, directives,\nnotices or guidelines issued under this Act;\n\"principles -oriented regulation \" means a regulatory approach focused on broad objectives\nand outcomes rather than prescriptive rules;\n\"public institution\" means a Ministry, Department, Agency, Metropolitan, Municipal or\nDistrict Assembly, a statutory or constitutional body, or any entity owned wholly or partly by\nthe Republic;\n\"registrable interest\" includes any direct or indirect financial interest, shareholding, beneficial\nownership, partnership, trusteeship, or fiduciary obligation held by a person, which is\nrequired to be disclosed under section 12 or section 99 of this Act;\n\"risk -based approach\" means a method that allocates regulatory resources and scrutiny based\non the potential risks posed by ICT activities or providers;\n\"sandbox\" means a controlled regulatory environment where innovations can be tested\ntemporarily under relaxed regulatory requirements;\n\"service level agreements (SLAs)\" means formal contracts between service providers and\nclients that define expected service performance, responsibilities, and penalties for non -\ncompliance;\n\"technical clearance\" means approval issued by the Authority confirming that an ICT project\nmeets prescribed technical standards and compliance requirements;\n35\nPAGE \\* MERGEFORMAT 1 \"technology -neutral\" means a regulatory stance that does not favor any particular technology\nor solution and promotes innovation across alternatives; and\n(2) In this Act unless the context otherwise requires, words and expressions defined in the\nElectronic Transactions Act 2025 (Act \u2026.) have the same meaning in this Act.\nTransitional Provisions\n105. (1) The rights, assets and liabilities that have accrued in respect of the properties vested\nin the National Information Technology Agency in existence immediately before the coming", + "Electronic Transactions Act 2025 (Act \u2026.) have the same meaning in this Act.\nTransitional Provisions\n105. (1) The rights, assets and liabilities that have accrued in respect of the properties vested\nin the National Information Technology Agency in existence immediately before the coming\ninto force of this Act are transferred to the National Information Te chnology Authority\nestablished under this Act.\n(2)A person in the employment of the National Information Technology Agency immediately\nbefore the coming into force of this Act shall, on the coming into force of this Act, be deemed\nto have been duly employed by the National Information Technology Author ity established\nunder this Act on the terms and conditions which are not less favourable in aggregate to the\nterms and conditions attached to the post held by the person before the coming into force of\nthis Act.\n(3)A contract subsisting between the National Information Technology Agency and another\nperson and in effect immediately before the coming into force of this Act shall subsist between\nthe National Information Technology Authority established under this Act and that other\nperson subject to modifications that are necessary to ensure compliance with this Act.\n(4)A licence, permit, or certificate issued by the Ministry or any other public body for matters\nrelated to ICT before the coming into force of this Act shall remain valid for six months unless\nrevoked earlier by the Authority.\n(5) A person whose licence ceases to be valid under subsection (4) may apply to the National\nInformation Technology Authority for a licence under this Act.\nRepeals and Savings\n106.(1) The National Information Technology Agency Act, 2008 (Act 771) is hereby repealed.\n(2)Despite the repeal, any action lawfully taken under the repealed Act shall be deemed to", + "Information Technology Authority for a licence under this Act.\nRepeals and Savings\n106.(1) The National Information Technology Agency Act, 2008 (Act 771) is hereby repealed.\n(2)Despite the repeal, any action lawfully taken under the repealed Act shall be deemed to\nhave been taken under the corresponding provisions of this Act.\nSCHEDULE\n(Section 29)\nForm and Content of Annual Report of the National Information Technology Authority\nPart of Report Description\nPART I \u2013 Introductory Information Table of contents.\nIndex of terms.\nGlossary of technical and legal terms and\nacronyms.\nContact details of officer(s) responsible\nfor preparing the report.\nOfficial website address of the Authority\nand hyperlink to the published report.\nPART II \u2013 Review by the Board and\nExecutive Management A review by the Board of the Authority\nency, which shall include \u2014\n36\nPAGE \\* MERGEFORMAT 1 (a) a concise overview of NITA\u2019s legal\nmandate and strategic focus;\n(b) a description of the Authority\u2019s\nstatutory roles and core functions;\n(c) a summary of significant policy,\nregulatory, or operational developments\nduring the year;\n(d) the organisational structure and\nchanges therein;\n(e) performance highlights, including\nachievements in service delivery,\ninfrastructure development, and\nregulatory enforcement;\n(f) financial performance overview; and\n(g) strategic outlook and key initiatives\nplanned for t he ensuing year.\nPART III \u2013 Policy and Legal Mandate\nImplementation A report on implementation of NITA\u2019s\nstatutory functions under the Act,\nincluding \u2014\n(a) the development, review, and\nenforcement of ICT and digital economy\npolicies and standards;\n(b) progress on digital government\nenablement and ICT architecture across\nthe public sector;", + "Implementation A report on implementation of NITA\u2019s\nstatutory functions under the Act,\nincluding \u2014\n(a) the development, review, and\nenforcement of ICT and digital economy\npolicies and standards;\n(b) progress on digital government\nenablement and ICT architecture across\nthe public sector;\n(c) coordination with MDAs, MMDAs,\nand international agencies;\n(d) monitoring of compliance by regulated\nICT entities; and\n(e) stakeholder engagements, capacity -\nbuilding and advisory services.\nPART IV \u2013 Regulatory Performance A report on the performance of the\nAuthority\u2019s regulatory functions,\nincluding \u2014\n(a) ICT systems certification and audit\noutcomes;\n(b) issuance, suspension, or revocation of\nICT licences, accreditations, or\nauthorisations;\n(c) cyber and digital resilience\nassessments conducted under applicable\nlaws or frameworks;\n(d) enforcement actions and compliance\nstatistics;\n(e) number and resolution of complaints\nor investigations initiated;\n(f) key findings from sector monitoring\nand evaluation;\n(g) summary of public consultations,\nstakeholder feedback, and regulatory\n37\nPAGE \\* MERGEFORMAT 1 reforms initiated;\n(h) risk -based supervision and regulatory\nreliefs granted;\n(i) use and outcomes of regulatory\nsandbox initiatives.\nPART V \u2013 Service Delivery and\nInfrastructure Development An operational performance review,\nincluding \u2014\n(a) implementation status of national ICT\ninfrastructure projects;\n(b) digital platforms commissioned,\nupgraded, or maintained by the Authority;\n(c) contributions to the national digital\ntransformation agenda;\n(d) alignment of services with service\ncharters, quality assurance benchmarks,\nand turnaround times;\n(e) innovations deployed and lessons\nlearned;\n(f) user satisfaction levels and complaints\nmanagement performance.\nPART VI \u2013 Financial and Resource", + "(c) contributions to the national digital\ntransformation agenda;\n(d) alignment of services with service\ncharters, quality assurance benchmarks,\nand turnaround times;\n(e) innovations deployed and lessons\nlearned;\n(f) user satisfaction levels and complaints\nmanagement performance.\nPART VI \u2013 Financial and Resource\nReporting A financial performance report,\nincluding \u2014\n(a) audited financial statements;\n(b) analysis of budgeted versus actual\nexpenditure and income;\n(c) explanation of significant financial\nvariances;\n(d) summary of internally generated\nfunds, donor funding, and government\nallocations;\n(e) procurement activities and compliance\nwith the Public Procurement Act;\n(f) summary of assets held, asset\nperformance, and life cycle management.\nPART VII \u2013 Governance and\nAccountability A corporate governance report,\nincluding \u2014\n(a) Board and Executive membership and\nroles;\n(b) meetings held, attendance records, and\ndecisions made;\n(c) risk management strategies and major\nrisks identified;\n(d) ethical standards and anti -fraud\nmeasures implemented;\n(e) mechanisms for internal control and\naudit compliance;\n(f) external oversight reports including\nAuditor -General, Parliament and others;\n(g) tribunal appeals and Dispute\nResolution Committee outcomes.\n38\nPAGE \\* MERGEFORMAT 1 PART VIII \u2013 Human Capital Management Report on human resource development\nand management, including \u2014\n(a) staffing levels, turnover, and retention\nrates;\n(b) training and professional development\ninitiatives;\n(c) staff productivity and performance\nincentives;\n(d) implementation of workplace health\nand safety measures;\n(e) initiatives to promote gender equity,\ndisability inclusion, and diversity.\nPART IX \u2013 Sectoral Collaboration and\nResearch Report on national or sectoral initiatives\nincluding \u2014\n(a) public -private partnerships in ICT;", + "incentives;\n(d) implementation of workplace health\nand safety measures;\n(e) initiatives to promote gender equity,\ndisability inclusion, and diversity.\nPART IX \u2013 Sectoral Collaboration and\nResearch Report on national or sectoral initiatives\nincluding \u2014\n(a) public -private partnerships in ICT;\n(b) sponsored or commissioned research\nactivities;\n(c) support for innovation, digital\nentrepreneurship, and SME digitalisation;\n(d) international engagements or technical\ncooperation.\nPART X \u2013 Cross -Cutting and Legal\nCompliance Matters Report on \u2014\n(a) freedom of information compliance;\n(b) advertising and public education\ncampaigns;\n(c) ecologically sustainable ICT practices;\n(d) accessibility of digital services for\npersons with disabilities;\n(e) digital literacy programmes and\ngender -responsive ICT outreach;\n(f) any corrections to material errors from\nprior reports.\nPART XI \u2013 Performance Monitoring and\nIndicators Report on \u2014\n(a) performance against key indicators and\nbenchmarks set by the Authority;\n(b) public sector digital readiness and\nimpact evaluation;\n(c) institutional compliance with service\nlevel agreements (SLAs).\nPART XII \u2013 Discretionary and Statutory\nGrants Summary of discretionary or statutory\ngrants issued, including purpose,\nbeneficiaries, and value.\nDate of Gazette notification:" +] \ No newline at end of file diff --git a/assets/example_bills/national-information-technology-authority-bill-2025/document.txt b/assets/example_bills/national-information-technology-authority-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..22c62cddaca9313fc4a4aa4441aa35503cbfb9ae --- /dev/null +++ b/assets/example_bills/national-information-technology-authority-bill-2025/document.txt @@ -0,0 +1,1591 @@ +1 +PAGE \* MERGEFORMAT 1 +NATIONAL INFORMATION TECHNOLOGY AUTHORITY BILL, 2025 +ARRANGEMENT OF SECTIONS +Sections +National Information Technology Authority +1. Establishment of the National Information Technology Authority +2. Object of the Authority +3. Functions of the Authority +4. Power of the Authority +5. Regulatory and best practice of the Authority +Governance of the Authority +6. Governing body of the Authority +7. Functions of the Board of Directors +8. Duties and liabilities of members of the Board of Directors +9. Tenure of office of members of the Board of Directors +10. Meetings of the Board of Directors +11. Disclosure of interest +12. Declaration of registrable interests +13. Establishment of committees +14. Allowance +15. Policy directives +16. Independence of the Authority +Administrative Provisions +17. Appointment of Director General and Deputy Director +18. Functions of the Director General +19. Secretary +20. Appointment of other staff +21. Offices, divisions, directorates, departments and units +22. Internal Audit Unit +Financial Provisions +23. Funds of the Authority +24. Bank account of the Authority +25. Expenses of the Authority +26. Exemption from tax +27. Borrowing powers +28. Accounts and audit +29. Annual report and other reports +30. Budget Estimates +2 +PAGE \* MERGEFORMAT 1 31. Establishment of the e -government ICT operator +32. Object of the Company +33. Use of Funds +34. Reporting and audits +Licensing and Certification +35. Requirements for licence +36. Categories of licences +37. Qualification for licence +38. Application for licence +39. Consideration of an application for licence +40. Grant of licence +41. Validity and renewal of licence +42. Non-transferability of licence +43. Suspension of licence +44. Restoration of suspended licence +45. Revocation of licence +46. Certification of ICT professionals +47. Register of ICT product and service providers +Closure, Mergers and Alterations +48. Closure of premises or facility +49. Sales, merger, amalgamation and alteration of business +ICT Standards and Innovation +50. Performance standards +51. Specifications for ICT products and services +52. Compliance monitoring and technical clearance +53. National Digital Architecture +54. ICT Project Registry +55. Shared services and infrastructure +56. Audit and standards for public ICT +57. Performance monitoring and reporting +58. ICT performance certification tiers +59. ICT Development and Innovation Fund +60. Capacity building and local innovation support +61. Regulatory sandbox for ICT innovation +62. Risk-based and principles -oriented regulation +63. Future technologies and adaptive regulation +64. Digital inclusion and accessibility +65. Multi -stakeholder advisory forum +66. Periodic review of regulatory instruments +67. Collaboration with other agencies +Reporting Requirements +68. Report by the Authority +3 +PAGE \* MERGEFORMAT 1 69. Submission of reports by ICT service providers +70. Inspector +71. Powers of an inspector +72. Obstruction of an inspector +73. Enforcement powers of the Authority +74. Other powers of the Authority +75. Other enforcement measures +Dispute Resolution +76. Negotiation +77. Dispute Resolution Committee +78. Composition and procedure of the Dispute Resolution Committee +79. Decisions of the Dispute Resolution Committee +80. Appeal against the decision of the Dispute Resolution Committee +National Information Technology Authority Tribunal +81. Establishment of the Tribunal +82. Composition of the Tribunal +83. Administration of the Tribunal +84. Expenses of the Tribunal +85. Allowances +86. Rules of procedure +87. Right of appeal +88. Decisions of the Tribunal +89. Appeal against decision of the Tribunal +Offences and Penalties +90. General offences and penalties +91. Embezzlement, misappropriation or diversion of funds +92. Offences relating to licensing and certification +93. Interference with technical clearance +94. Obstruction of compliance reviews +95. Offence by a body corporate +96. Administrative penalty +97. Other Offences +Miscellaneous Provisions +98. Procedure for decision -making by the Authority +99. Register of interest +100. Code of conduct +101.Publication of notices and directives +102.Public engagements +103.Regulations +104.Interpretation +105.Transitional provisions +4 +PAGE \* MERGEFORMAT 1 106.Repeals and savings +107.Schedule +5 +PAGE \* MERGEFORMAT 1 A BILL +ENTITLED +NATIONAL INFORMATION TECHNOLOGY AUTHORITY ACT, 2025 +AN ACT to establish the National Information Technology Authority to regulate and promote +information and communications technologies and digital services ; to provide for the licensing +and certification of ICT service providers and professionals; to enforce standards for digital +systems and infrastructure; to enhance interoperability, and innovation; and to provide for +related matters. +DATE OF ASSENT: +PASSED by Parliament and assented to by the President +National Information Technology Authority +Establishment of the National Information Technology Authority +1. (1) There is established by this Act, the National Information Technology Authority as a +body corporate. +(2) The Authority may, for the performance of its functions acquire and hold property, +dispose of property and enter into a contract or any other related transaction. +(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the +Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority. +Object of the Authority +2. The object of the Authority is to regulate, coordinate, promote, and develop information and +communications technology and digital services in Ghana in line with national development +goals and to +(a) ensure the provision of quality information and communications technology , +(b) promote standards of efficiency and ensure high quality of service in the +Information and Communications Technology ecosystem, and +(c) coordinate the management and development of information and communications +technology personnel or practitioners in the public services +Functions of the Authority +3. (1) To achieve the object under section 2, the Authority shall +a. license and regulate ICT infrastructure, products and service providers; +b. develop and enforce standards to ensure consistency and accountability +across the people, technology, and processes involved in ICT systems, +services, and architectures +c. provide technical clearance for ICT procurement, investments and projects +undertaken by public institutions; +d. maintain a national repository of ICT assets, investments and public digital +infrastructure; +e. act as the exclusive government body empowered to coordinate the +development, capacity building, and certification of ICT professional +serving public institutions to ensure a skilled and well -managed ICT +workforce in the public service; +6 +PAGE \* MERGEFORMAT 1 f. coordinate the implementation of national digital platforms and shared +services; +g. ensure interoperability, security, and integrity of public ICT systems; +h. promote research, innovation, and local content development in ICT; +i. monitor compliance and enforce sanctions for breaches under this Act; +j. advise the Minister on ICT development and regulation in Ghana and lead +the review of the national ICT policy; +k. regulate th e use of emerging technologies; +l. maintain a register of ICT personnel in the public service; +m. regulate ICT associations and related professional bodies; +n. coordinate the development and enforcement of safeguards to ensure the +responsible and secure use of technology in the country; +o. coordinat e the implementation of anti -trust policies to safeguard fair +competition and prevent monopolies within the ICT ecosystem in Ghana; +p. perform the functions of the certifying Agency established under the +Electronic Transactions Act, 2025 (Act …); +q. coordinate the systematic implementation and monitoring of the national +information and communications technology policy; +r. coordinate the implementation and enforcement of the provisions of this +Act, the Electronic Transactions Act, 2025 (Act …);and regulations made +under this Act; +s. resolve matters that involve domain names between the Domain Name +Registrar under the Electronic Transactions Act 2025 ( Act….) in +accordance with the provisions of this Act; +t. maintain registers for approvals given for equipment under the Electronic +Transactions Act 2025 ( Act….); +u. provide access to registers for licences, applications for licences and +approvals for equipment except where commercial confidentiality does not +allow for access; +v. collect fees and other charges to be paid to the Authority under this Act; +w. investigate and resolve disputes between licence holders under the +Electronic Transactions Act 2025 ( Act….) referred to the Authority by +licence holders; +x. investigate complaints by users who fail to obtain redress from a licence +holder; +y. carry out investigations on the conduct of persons at the Authority’s own +initiative or at the request of another person to determine whether any person +is engaging in acts contrary to the provisions of this Act; +z. establish quality of service indicators and reporting requirements that apply +to licence holders under the Electronic Transactions Act 2025 ( Act….); +aa. issue and publish on its website and in the Gazette necessary guidelines and +standards; +bb. obtain from persons the necessary information for the performance of its +functions; +cc. carry out investigations and determine complaints that involve anti - +competitive, price -fixing and unfair trade practices by persons under the +Electronic Transactions Act 2025 ( Act….); +dd. formulate the strategy of the Authority; +ee. ensure that the policy directions given by the Minister are implemented; +ff. ensure high standards of propriety within the Authority; +7 +PAGE \* MERGEFORMAT 1 gg. promote efficiency and effective use of resources and staff of the Authority; +hh. establish the policy and resource framework for the operations and the +overall strategic direction of the Authority; +ii. ensure that the principles of good corporate governance are complied with; +and +jj. perform any other function necessary to achieve its object. +(2) In discharging its functions, the Authority shall take into account the following: +(a) the principle that regulatory activities should be transparent, +accountable, proportionate, consistent and targeted only at cases in which action +is needed; +(b) any other principle that represents best regulatory practice; +(c) the protection of the interests of consumers under the Electronic +Transactions Act 2025 ( Act….) as regards the choice, price, quality of service +and value for money; +(d) the needs of persons who are physically challenged, the elderly and +those on low incomes; +(e) the opinions of consumers and of members of the public generally; and +(f) the different interests of persons living in rural and urban areas. +Powers of the Authority +4. The Authority may exercise the following powers +(a) enter into a contract for the supply of goods and services; +(b) invest the funds of the Authority that are not immediately required for +the performance of its functions and ensure the judicious use of the funds, +with the prior written approval of the Minister responsible for Finance; +(c) publish information that is relevant to its functions and activities in a +manner that it considers appropriate; +(d) promote and where necessary fund the training of persons for the +information and communications technology industry; +(e) undertake research and development work related to its functions; and +(f) promote research and the development by other persons of the ICT +industry. +Regulatory and best practice of the Authority +5. The Authority shall in the performance of its functions have regard to +(a) the principles of transparency, accountability, proportionality, innovation - +enablement, and consistency in ICT regulation; +(b) best regulatory practices relevant to information and communications +technology and digital governance; +(c) the protection of the rights and interests of users of public digital services, +with particular attention to user choice, data protection, quality of service, +and value for money; +(d) the environmental impact of ICT infrastructure, digital devices, and e -waste +management in the deployment of public ICT systems; +(e) the promotion of inclusive competition and local innovation, including +incentives for Ghanaian technology firms and start -ups in the ICT +ecosystem; +8 +PAGE \* MERGEFORMAT 1 (f) the need for interoperability, digital inclusion, and equitable access, +especially for persons with disabilities, women, rural populations, the +elderly, and vulnerable groups; +(g) the views and feedback of public institutions, civil society, and end -users of +government digital services; +(h) the interests of both urban and rural communities in the planning and +deployment of ICT infrastructure; +(i) any applicable international ICT standards and best practices, including +those developed by the International Organization for Standardization +(ISO), International Telecommunication Union (ITU), World Wide Web +Consortium (W3C), and relevant multilateral co nventions ratified by Ghana. +Governing body of the Authority +6.(1) The governing body of the Authority is a Board of Directors consisting of +(a) a chairperson nominated by the President; +(b) one representative of the Ministry responsible for Communication, Digital +Technology, and Innovations, not below the rank of Director; +(c) one representative of the Ministry of Finance, not below the rank of +Director; +(d) the Director -General of the Authority; +(e) one representative from a recognised ICT professional body, nominated by +the executive body of that professional association; +(f) two persons with expertise in digital innovation, ICT, governance, or law, +nominated by the President; +(g) one person with expertise in digital innovation, ICT, governance, or IT law +nominated by the Minister responsible for Gender or Social Protection; +(h) one lawyer with expertise in digital economy or ICT law. +(i) one representative of the National Security Council; and +(j) three other persons with knowledge or expertise in electronic engineering, +law, economics, business or public administration and at least one of +whom is a woman. +(2) At least three (3) members of the Board of Directors shall be women. +(3) The President shall, in accordance with article 70 of the Constitution, appoint the +chairperson and other members of the Board of Directors. +Functions of the Board of Directors +7. The Board of Directors shall +(a) exercise general oversight responsibility for the strategic direction of the +Authority; +(b) ensure the achievement of the object of the Authority; and +(c) ensure the effective and efficient performance of the functions of the +Authority. +Duties and liabilities of a member of the Board of Directors +8 (1) A member of the Board of Directors has the same fiduciary relationship with the +Authority and the same duty to act with loyalty and in good faith as a director of a +company incorporated under the Companies Act, 2019 (Act 992). +9 +PAGE \* MERGEFORMAT 1 +(2) Without limiting subsection (1), a member of the Board of Directors has a duty +(a) to act honestly and in the best interest of the Authority in the +performance of the functions of the Authority; +(b) to exercise the degree of care and diligence in the performance of +functions that a person in that position would reasonably be expected to exercise +in the circumstances; +(c) not to disclose information acquired in the capacity of the member as a +member of the Board of Directors to any person or make use of that information, +except in the performance of functions; +(d) not to abuse the position of the office; and +(e) not to pursue personal interests at the expense of the Authority. +(3) A member of the Board of Directors, other than the Director General, shall not +participate in the day -to-day running of the Authority. +(4) Where a court determines that the Authority has suffered a loss or damage as a +result of the act or omission of a member of the Board of Directors, the court may, in +addition to imposing a fine, order the member to pay appropriate compensation to the +Autho rity. +Tenure of office of members of the Board of Directors +9 (1) A member of the Board of Directors shall hold office for a period of four years and +is eligible for reappointment for another term only. +(2) Subsection (1) does not apply to the Director General. +(3) A member of the Board of Directors may, at any time, resign from office in +writing, addressed to the President through the Minister. +(4) A member of the Board of Directors, other than the Director General, who is +absent from three consecutive meetings of the Board of Directors without sufficient +cause ceases to be a member of the Board of Directors. +(5) The President may, by letter addressed to a member, revoke the appointment of +that member. +(6) Where a member of the Board of Directors is, for a sufficient reason unable to +act as a member, the Minister shall determine whether the inability of the member to +act would result in the declaration of a vacancy. +(7) Where there is a vacancy +(a) under subsection (3), (4), (5), or subsection (2) of section 11, +(b) as a result of a declaration under subsection (6), +(c) under subsection (3) of section 12; or +(d) by reason of the death of a member, +10 +PAGE \* MERGEFORMAT 1 the Minister shall notify the President of the vacancy and the President shall appoint another +person to fill the vacancy for the unexpired term. +Meetings of the Board of Directors +10 (1) The Board of Directors shall meet at least once every three months for the conduct +of business at a time and place determined by the chairperson. +(2) The chairperson shall, at the request in writing of not less than one -third of the +membership of the Board of Directors, convene an extraordinary meeting of the Board +of Directors at a time and place determined by the chairperson. +(3) The quorum for a meeting of the Board of Directors is seven members. +(4) The chairperson shall preside at meetings of the Board of Directors and in the +absence of the chairperson, a member of the Board of Directors elected by the members +present from among their number shall preside. +(5) Matters before the Board of Directors shall be decided by a majority of the members +present and voting and in the event of an equality of votes, the person presiding shall +have a casting vote. +(6) The Board of Directors may co -opt a person to attend a meeting of the Board of +Directors but that person shall not vote on a matter for decision at the meeting. +(7) The proceedings of the Board of Directors shall not be invalidated by reason of a +vacancy among the members or a defect in the appointment or qualification of a +member +(8) Subject to this section, the Board of Directors may determine the procedure for the +meeting of the Board of Directors. +Disclosure of interest +11.(1) A member of the Board of Directors who has an interest in a matter for +consideration by the Board +(a) shall disclose in writing the nature of that interest and the disclosure +shall form part of the record of the consideration of the matter; and +(b) is disqualified from being present at or participating in the +deliberations of the Board of Directors in respect of that matter. +(2) A member ceases to be a member of the Board of Directors if that member has an +interest in a matter before the Board of Directors and +(a) fails to disclose that interest; or +(b) is present at or participates in the deliberations of the Board of +Directors in respect of that matter. +(3) Without limiting any further cause of action that may be instituted against the +member, the Board of Directors shall recover any benefit derived by a member who +11 +PAGE \* MERGEFORMAT 1 contravenes subsection (1), in addition to the revocation of the appointment of the +member. +Declaration of registrable interests +12. (1) Each member of the Board shall, prior to taking office, submit to the Authority +a written declaration of that member's registrable interest whether directly or indirectly +owned by the member. +(2) A member of the Board shall inform the Authority of any change in respect of that +member's registrable interest from the date of the change. +(3) A member who without reasonable excuse fails to declare a registrable interest, or +knowingly makes a false declaration, contravenes subsections (1) and (2), ceases to be +a member of the Board and the appointment of the member to the Board shall be +revoked by the President +Establishment of committees +13. (1) The Board of Directors may establish committees or advisory bodies consisting +of members of the Board of Directors, non -members, or both, to perform a function of +the Board of Directors. +(2) A committee composed of members and non -members of the Board of +Directors shall be chaired by a member of the Board of Directors. +(3) A committee composed exclusively of non -members may only advise the Board +(5) Without limiting subsection (1), the Board of Directors shall establish the +following committees: +(a) Technical Committee; +(b) Audit Committee; and +(c) Risk Committee. +(5) The Board of Directors shall determine the composition and functions of the +committees established under subsection (3). +(6) Section 11 applies to a member of a committee of the Board of Directors +Allowance +14.A member of the Board of Directors and members of a committee of the Board of +Directors shall be paid allowances and benefits approved by the Minister in consultation +with the Minister responsible for Finance. +Policy directives +15.(1) The Minister may give written directives to the Board of Directors on matters of +policy in line with the object and functions of the Authority, and the Board of Directors +shall comply in a manner consistent with the effective performance of the func tions of +the Authority. +12 +PAGE \* MERGEFORMAT 1 (2) Subsection (1) shall not be construed to confer on the Minister the power to instruct +the Authority on specific technical or operational mattera in relation to the object and +functions of the Authority. +Independence of the Authority +16.Except as otherwise provided in this Act, the Authority shall not be subject to the +direction or control of any person or authority in the exercise of its mandate and +regulatory functions. +Administrative Provisions +Appointment of Director General and Deputy Director General +17.(1) The President shall, in accordance with article 195 of the Constitution, appoint a +Director -General and one Deputy Director -General for the Authority. +(2) The Director -General and the Deputy Director -General shall hold office on the +terms and conditions specified in the letters of appointment +(3) The Director -General shall hold office for a period of not more than four years and +is eligible for re -appointment. +Functions of the Director -General and Deputy Director -General +18.(1) The Director General +(a) is responsible for the day -to-day administration of the affairs of the +Authority and is answerable to the Board in the performance of the functions +under this Act; and +(b) shall ensure the implementation of the decisions of the Board of Directors. +(2) The Director General may delegate a function to an officer of the Authority but +shall not be relieved of the ultimate responsibility for the performance of the delegated +function. +(3) The Deputy Director -General shall act in the absence of the Director -General. +(4) The Deputy Director -General shall be assigned other responsibilities as the Board +may determine. +Secretary +19.(1) The President shall, on the recommendation of the Board of Directors, and in +accordance with article 195 of the Constitution appoint an employee, not below the +rank of a Deputy Director of the Authority, as Secretary of the Board of Directors. +(2) The Secretary shall hold office on the terms and conditions specified in the letter of +appointment. +(3) The Secretary shall be responsible for — +(a) recording and keeping minutes of meetings of the Board; +(b) maintaining records and correspondence of the Board; +13 +PAGE \* MERGEFORMAT 1 (c) advising the Board on compliance with applicable laws and +procedures; and +(d) performing any other functions assigned by the Board or the Director - +General.facilitating the smooth operation of the decision -making and +reporting machinery of the Authority; +(e) formulating agenda for meetings with the chairperson and the +Director -General; +(f) advising the Board on +(i) content, +(ii) organisation of memoranda, or +(iii) presentations for Board meetings. +(4) The Secretary shall attend all meetings of the Board but shall not have a right to +vote on any matter before the Board. +Appointment of other staff +20.(1) The President shall, in accordance with article 195 of the Constitution, appoint +other staff of the Authority that are necessary for the effective and efficient performance +of the functions of the Authority. +(2) Other public officers may be transferred or seconded to the Authority or may +otherwise give assistance to the Authority. +(3) The Authority may, for the effective and efficient performance of the functions +of the Authority, engage the services of advisors and consultants on the +recommendations of the Board of Directors. +Offices, divisions, directorates, departments and units of the Authority +21.The Authority may establish offices, divisions, directorates, departments and units +of the Authority as determined by the Board of Directors for the effective and efficient +performance of the functions of the Authority. +Internal Audit Unit +22.(1) The Authority shall have an Internal Audit Unit in accordance with section 83 of +the Public Financial Management Act, 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be +appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Authority. +(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), at intervals of three months +(a) prepare and submit to the Board of Directors a report on the internal audit +carried out during the period of three months immediately preceding the +preparation of the report; and +(b) make recommendations in each report with respect to matters necessary for +the conduct of the affairs of the Authority. +14 +PAGE \* MERGEFORMAT 1 +(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared +under this section to the Director General and the chairperson of the Board of Directors . +Financial Provisions +Funds of the Authority +23. The funds of the Authority include — +(a) moneys approved by Parliament; +(b) a percentage of customs duties paid on imported ICT equipment, as +approved by Parliament; +(c) fees and charges that accrue to the Authority in the performance of its +functions under this Act; +(d) administrative penalties imposed and collected under this Act; +(e) a portion of the communications service tax, as approved by Parliament; +(f) a portion of the funds of the Ghana Infrastructure Investment Fund, as +approved by Parliament; +(g) a portion of fees generated from the use of the government.gov portal, as +approved by Parliament; +(h) one percent (1%) of regulatory fees on gross revenue of all ICT businesses; +(i) loans, grants, and donations; +(j) fees and charges payable under this Act or the Electronic Transactions Act, +2025(Act …); and +(k) income derived from the investment of the funds of the Authority. +Bank account of the Authority +24. Moneys for the Authority shall be paid into a bank account opened for the purpose with +the approval of the Controller and Accountant -General. +Expenses of the Authority +25.(1) The expenses of the Authority shall be charged on the funds of the Authority. +(2) Where after having defrayed the outstanding expenses, the Authority has an excess +amount, the Authority shall transfer that amount to the Consolidated Fund unless the +Minister for Finance in consultation with the Minister approves the retention by the +Authority of a part or the whole of that excess amount. +Exemption from tax +15 +PAGE \* MERGEFORMAT 1 26.Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), +the Authority is exempt from the payment of taxes that the Minister responsible for +Finance may, in writing, determine with the prior approval of Parliament. +Borrowing powers +27.(1) Subject to article 181 of the Constitution and section 76 of the Public Financial +Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister, +the Authority may borrow money from a body corporate or any other person. +(2) For the purposes of securing the money borrowed, the Authority may, with the +prior consent in writing of the Minister mortgage, charge or pledge a right, title or an +interest in any of the properties of the Authority. +Accounts and audit +28. (1) The Authority shall keep books, records, returns of account and other documents +relevant to the accounts in the form approved by the Auditor -General. +(2) The Board of Directors shall submit the accounts of the Authority to the Auditor - +General for audit within six months at the end of the financial year. +(3) The Auditor -General shall, within six months after the end of the immediately +preceding financial year, audit the accounts of the Authority and forward a copy of the +report to the Minister and the Board of Directors. +(4) The financial year of the Authority shall be the same as the financial year of the +Government. +Annual report and other reports +29. (1) The Board of Directors shall, within thirty days after the receipt of the audit +report, submit an annual report to the Minister, covering the activities and operations +of the Authority for the year to which the report relates. +(2) The annual report shall include — +(a) the report of the Auditor -General; +(b) an assessment of the targets of the Authority; and +(c) a summary of challenges and feedback from stakeholders and +recommendations to improve the efficiency and effectiveness of the Authority. +(3) The annual report shall be prepared in accordance with the format and content set +out in the Schedule to this Act. +(4) The Minister shall, within thirty days after the receipt of the annual report, submit +the report to Parliament with a statement that the Minister considers necessary. +(5) The Board of Directors shall submit to the Minister any other report that the Minister +or the Minister responsible for Communication, Digital Technology, and Innovations +may require in writing +Budget Estimates +16 +PAGE \* MERGEFORMAT 1 30. The Board shall submit a budget for the operations of the Authority for the +following year to Parliament for approval through the Minister within three months +after the commencement of the financial year. +e-government ICT infrastructure operator +Establishment of the e -government ICT infrastructure company +31. (1) The Minister shall ensure the incorporation of a company to be licensed by the +Authority as the Government e -government ICT infrastructure operator within six +months of the coming into force of this Act. +(2) The company shall be governed by an independent board consisting of +representatives from: +(a) the Ministry, +(b) the Authority, +(c) the private sector, and +(d) civil society and academia with expertise in digital infrastructure. +Object of the Company +32 (1) The object of the Company is to deploy, maintain, and manage e -government +infrastructure and platforms for the public sector, including — +(a) government data centers; +(b) cloud hosting environments for public institutions; +(c) platforms for national digital identity services; +(d) shared government systems and digital services; and +(e) enterprise software solutions deployed solely for e -government purposes. +Use of Funds +33 (1) The Company shall apply its funds to +(a) develop and maintain secure and interoperable digital infrastructure for +government use, +(b) invest in cloud computing, cybersecurity systems, and business continuity +solutions, +(c) reduce dependence on external contractors for critical ICT systems, and +17 +PAGE \* MERGEFORMAT 1 (d)provide services to public institutions under agreed service level agreements +(SLAs). +Reports and audits +34The Company shall: +(a) submit quarterly financial and operational performance reports to the Authority; +(b) undergo annual audits by the Auditor -General or an auditor approved by the +Authority, and +(c) be subject to technical audits and performance reviews conducted by the +Authority. +Licensing Provisions +Requirement for licence +35. (1) A person shall not engage in a business or a related activity in the ICT sector +unless that person has been granted a licence by the Authority. +(2) For the purpose of subsection (1), a business or a related activity in the +information and communications technology sector includes +(a) the installation of ICT infrastructure; +(b) the development or provision of ICT products and services; and +(c) all activities requiring licensing or certification under this Act. +(3) The Authority shall determine the mode of operations for the activities permitted +under this section. +(4) A person who engages in a business or other related activity under this Act or +Regulations made under this Act without a licence commits an offence and is liable on +summary conviction to a fine of not less than two thousand penalty units and not more +than five thousand penalty units or to a term of imprisonment of not less than six months +and not more than two years, or to both. +Categories of licences +36. (1) The Authority may issue the following categories of licences to a person +engaged in a business or related activity in ICT sector +(a) Public/commercial ICT Infrastructure Licence; +(b) Cloud Hosting Service Licence; +(c) Software as a Service (SaaS) Provider Licence; +(d) Government Digital Services Partnership Licence; +(e) National Digital Platform Operator Licence; +(f) Data Centre Operator Licence; +(g) Any other categories of licences as determined by the Authority. +(2) The Authority shall publish the terms and conditions of each licence category +in the Gazette. +18 +PAGE \* MERGEFORMAT 1 (3) The Authority may, by regulations, expand, modify or repeal any category of +licence as may be necessary. +Qualification for licence +37. (1) A person qualifies to apply for a licence under this Act if that person is +(a) a citizen of eighteen years or above; or +(b) a company, a partnership, an association or other body, whether incorporated +or unincorporated, which is wholly owned by a citizen. +Application for licence +38.(1) A person who qualifies under section 37 shall +(a) apply for a licence to the Authority in the prescribed form; and +(b) comply with the prescribed requirements. +(2) An application under subsection (1) shall be accompanied with the prescribed +fee. +Consideration of an application for licence +39. The Authority shall, within ten days of receipt of an application, consider the +application. +Grant of licence +40.(1) Where the Authority is satisfied that an applicant has met the +requirements for the grant of a licence, the Authority shall +(a) approve the application and issue the applicant with a licence in the +prescribed form; and +(b) within sixty days, communicate the decision in writing to the applicant. +(2) Despite subsection (1), the Authority may refuse an application for a licence +where +(a) it is against the public interest, public safety or public security; or +(b) the applicant fails to comply with a directive of the Authority +(3) The Authority shall communicate the reason for the refusal of an application to +the applicant. +Validity and renewal of licence. +41.(1) A licence issued under this Act is valid for the period specified in the licence and +may be renewed. +(2) An application for renewal of a licence shall +(a) be made to the Authority in the prescribed manner; +19 +PAGE \* MERGEFORMAT 1 +(b)comply with the conditions for renewal as specified in the licence and +guidelines issued by the Authority; and +(c) be accompanied with the prescribed fee. +(3) The Authority may refuse to renew a licence where +(a) the ICT service provider fails to comply with the terms and conditions of the +licence; +(b) the ICT service provider fails to pay in full the prescribed fee for the renewal +of the licence; +(c) the ICT service provider fails to use the licence for the intended purpose one +year after issuance; +(d) the ICT service provider uses falsified documents in an application for the +licence; +(e) the ICT service provider fails to comply with the provisions of this Act or +Regulations made under this Act; +(f) the continued operation of the business or related activity in the ICT sector +poses a risk to public health, public safety or public security; +(g) the services provided by the ICT service provider have deteriorated below +the required standards; +(h) an offence under this Act or Regulations made under this Act is being +investigated in relation to the ICT service provider; +(i) the ICT service provider fails to honour a financial obligation to the +Authority or another public institution regarding sanctions, penalties, levies and +taxes; or +(j) the ICT service provider fails to comply with a directive of the Authority. +Non-transferability of licence +42. (1) A licence granted under this Act is not transferable except with the prior +written approval of the Authority. +(2) A person who transfers a licence contrary to subsection (1) commits an offence +and is liable on summary conviction to a fine of not less than fifty thousand penalty +units and not more than two hundred thousand penalty units or to a term of +impris onment of not less than five years and not more than ten years or to both and in +addition the Authority shall revoke the licence of that person. +Suspension of licence +43. (1) The Authority may suspend a licence issued under this Act where +(a) the ICT service provider fails to comply with the terms and +conditions of the licence; +(b) the ICT service provider fails to use the licence for the intended +purpose one year after the issuance of the licence; +c) the ICT service provider uses a falsified document in an application +for the licence; +(d)the ICT service provider fails to comply with the provisions of this +Act or Regulations made under this Act; +20 +PAGE \* MERGEFORMAT 1 +(e) the continued operation of the business or commercial activity of the +ICT service provider poses a risk to public health, public safety or public +security; +(f) the services provided by the ICT service provider have deteriorated +below the required standards; +(g) an offence under this Act or Regulations made under this Act in +relation to the ICT service provider is being investigated; +(h) the ICT service provider fails to honour a financial obligation to the +Authority or another public institution regarding sanctions, penalties, +levies and taxes; +(i) the ICT service provider fails to comply with a directive of the +Authority; or +(i) the ICT service provider +(i) becomes insolvent or bankrupt; +(ii) enters into an arrangement or scheme of composition with +the creditors of the ICT service provider; or +(iii) takes advantage of an enactment for the benefit of the +debtors of the ICT service provider or goes into liquidation, +except as part of a scheme for an arrangement or amalgamation. +(2) The Authority shall, before suspending a licence, +(a) give the ICT service provider fifteen days' notice in writing of the intention to suspend the +licence; +(b) specify in the notice the reasons for the intended suspension; and +(c) give an opportunity to the ICT service provider to make a written representation within ten +days of receipt of the notice or remedy the breach if the breach is capable of remedy. +Restoration of suspended licence +44. (1) The Authority may restore a suspended licence if the ICT service provider remedies the +breach in the manner specified by the Authority. +(2) The Authority shall restore a licence of a ICT service provider within sixty days of the ICT +service provider remedying the breach that resulted in the suspension. +(3) Where the Authority restores the licence of a ICT service provider, the Authority shall +reinstate the name of the ICT products and service provider in the register of ICT products and +service providers. +Revocation of licence +45. (1) The Authority may revoke the licence of a ICT service provider, where the licence +of the ICT service provider has been suspended and the ICT service provider fails to remedy +the breach that resulted in the suspension. +(2) The Authority shall, before revoking a licence, +(a)give the ICT service provider fifteen days' notice in writing of the intention to revoke the +licence; +21 +PAGE \* MERGEFORMAT 1 (b) specify in the notice the reasons for the intended revocation; and +(c) give an opportunity to the ICT service provider to make a written representation within ten +days of receipt of the notice or remedy the breach within twenty -one days if the breach is +capable of remedy. +Certification of ICT Professionals +46.(1) A person shall not be appointed as an ICT professional in a public or private institution +unless that person is certified by the Authority. +(2) The Authority shall determine the criteria and procedure for the certification of ICT +professionals. +Register of ICT products and service providers +47.(1) The Authority shall establish and maintain a register of ICT products and service +providers in which the Authority shall record +(a) the names and particulars of ICT products and service providers issued with licences under +this Act; +(b) the categories of licences issued to ICT products and service providers; +(c) licence applications; +(d) equipment approvals; +(e) infrastructure service providers; and +(f) any other information that the Authority may determine. +(2) The Authority shall update the register of ICT products and service providers every six +months. +Closure of Premises or Facility by the Authority +Closure of premises or facility +48.(1) The Authority may close down the operations of any premises or a facility used for a +business or related activity in the ICT sector where +(a) the continued operation of the business or related activity poses a risk to public health, +public safety, public security or the environment; +(b) the services provided by the ICT provider have deteriorated below the required standard; +(c) the ICT service provider fails to comply with any of the terms and conditions of the licence; +or +(d) the provisions of this Act or Regulations made under this Act are not being complied with. +(2) The Authority shall, before closing down the operations of any premises or facility +(a) give the ICT service provider fifteen days' notice in writing of the intention to close down +the operations of the premises or facility; and +(b) specify in the notice the reason for the intended closure. +(3) Despite subsection (2), where the operation of premises or a facility poses imminent danger +to public health, public safety, public security or is injurious to the public interest, the Authority +may take necessary interim measures including +(a) the immediate seizure of ICT products or equipment; +(b) the suspension of the business or related activities; or +(c) the closure of the premises or facility. +(4) The Authority shall issue guidelines to govern the exercise of the powers of the Authority +under this section. +Sale, Merger, Amalgamation and Alteration of the Nature of Business +22 +PAGE \* MERGEFORMAT 1 Sale, merger, amalgamation and alteration of nature of business by ICT service provider +49.(1) An ICT service provider shall not enter into an agreement or arrangement for +(a) the sale, disposal or transfer of the whole or part of the business of the ICT service provider, +(b) the amalgamation or merger of the business of the ICT service provider with another ICT +service provider, or +(c) the alteration of the business of the ICT service provider, +except with the prior written approval of the Authority. +(2) Despite the provisions specified in the Companies Act, 2019 (Act 992) a sale, merger, +amalgamation or the alteration of the nature of a business which involves an ICT service +provider shall not take effect unless approved by the Authority. +(3) A person who acquires shares of a ICT service provider in connection with a sale, merger, +or amalgamation shall meet the requirements of this Act before applying for approval under +the Securities Industry Act, 2016 (Act 929). +(4) An agreement or arrangement entered into in contravention of subsection (1) is null and +void. +Performance Standards and Specifications +Performance standards +50.The Authority shall +(a) develop performance standards in the ICT sector; +(b) publish the performance standards in the Gazette; and +(c) enforce the performance standards in the ICT sector. +Specifications for ICT products and services +51. The Authority shall +(a) set specifications for ICT products and services; and +(b) publish the specifications in the Gazette. +Compliance Monitoring and Technical Clearance +52. (1) The Authority shall monitor the activities of licensees and certified persons to ensure +compliance with this Act. +(2) A public institution shall obtain technical clearance from the Authority before undertaking +any major ICT procurement or deployment. +(3) The Authority may issue guidelines to define the thresholds for what constitutes a major +ICT project requiring technical clearance. +National Digital Architecture +53(1) The Authority shall develop and maintain a National Digital Architecture to guide the +deployment and integration of ICT systems across the public sector. +(2) The architecture shall include standards for data exchange, interoperability, cybersecurity, +user authentication, and shared platforms. +ICT Project Registry +54.(1) The Authority shall establish and maintain an ICT Project Registry to record all public +sector ICT projects. +(2) A public institution shall register a project before initiating procurement or implementation. +(3) The Authority may review registered projects to ensure alignment with national priorities +and standards. +23 +PAGE \* MERGEFORMAT 1 Shared Services and Infrastructure +55.(1) The Authority shall coordinate the deployment of shared ICT infrastructure and services +for public institutions. +(2) Shared services shall include hosting platforms, security frameworks, and cross -sectoral +digital tools. +(3) A public institution shall use shared services designated by the Authority unless otherwise +exempted in writing. +Audit and Standards for Public ICT +56. (1) The Authority shall conduct periodic audits of public ICT systems to assess compliance +with prescribed standards. +(2) The Authority may issue improvement plans to public institutions based on audit findings. +(3) An institution that fails to implement an improvement plan commits an administrative +breach and shall pay to the Authority an administrative penalty of not less than five thousand +and not more than ten thousand penalty units. +Performance Monitoring and Reporting +57.(1) The Authority shall develop a framework for monitoring performance indicators for +digital governance. +(2) Each public institution shall submit periodic ICT performance reports in a manner directed +by the Authority. +(3) The Authority shall compile an annual Public Sector Digital Index Report for submission +to the Minister and publication. +(4) The Authority shall maintain a register of certified professionals and may suspend or revoke +certification for misconduct or breach of standards. +ICT Performance Standards and Certification Tiers +58. (1) The Authority shall prescribe and enforce ICT performance standards and certification +tiers for infrastructure, services, and professionals. +(2) Certification tiers shall reflect levels of security, interoperability, reliability, and user +accessibility. +(3) A public institution shall procure ICT services and systems only from providers certified +by the Authority at a prescribed tier. +Capacity Building and Local Innovation Support +59. (1) The Authority shall implement programmes for the training and professional +development of ICT officers in the public sector. +(2) The Authority shall promote partnerships with technology firms, start -ups, and academia +to support indigenous ICT innovation. +Regulatory Sandbox for ICT Innovation +60.(1) The Authority shall establish a Regulatory Sandbox Framework to allow eligible +innovators to test new ICT products, services, business models, or delivery mechanisms in a +controlled environment, subject to defined parameters and duration. +(2) A person or entity that qualifies for participation in the sandbox shall receive temporary +regulatory reliefs as determined by the Authority. +(3) The Authority shall issue guidelines governing the eligibility, application, monitoring, exit, +and evaluation criteria for participation in the Regulatory Sandbox. +24 +PAGE \* MERGEFORMAT 1 (4) Participation in the sandbox shall not exempt a person from obligations under data +protection, consumer protection, and anti -money laundering laws, unless explicitly provided +for by the Authority. +Risk -Based and Principles -Oriented Approach +61.(1) The Authority shall exercise its regulatory functions using a risk -based and principles - +oriented approach, focusing on the outcomes of compliance, consumer protection, security, and +innovation facilitation. +(2) The Authority shall develop a risk categorisation model to differentiate regulatory oversight +based on the scale, nature, and impact of the ICT activity or service. +(3) In applying this Act or Regulations, the Authority shall adopt regulatory measures that are +proportionate to the risks posed and shall promote flexibility and innovation within the ICT +ecosystem. +Future Technologies and Adaptive Regulation +62.(1) The Authority shall ensure that regulatory instruments under this Act are technology - +neutral and do not unduly constrain innovation. +(2) The Authority shall periodically review its rules, standards, and procedures to accommodate +emerging technologies, including but not limited to artificial intelligence, blockchain, the +Internet of Things, cryptocurrency and cross -border cloud services. +Digital Inclusion and Accessibility +63.(1) The Authority shall promote universal and inclusive access to ICT services, with +particular focus on persons with disabilities, women, rural populations, and marginalized +groups. +(2) The Authority shall develop and implement national standards for ICT accessibility based +on international best practices, including the Web Content Accessibility Guidelines (WCAG). +(3) The Authority shall collaborate with relevant agencies and civil society organizations to +implement digital literacy programs and gender -responsive digital empowerment initiatives. +Multi -Stakeholder Advisory Forum +64.(1) There is established by this Act a Multi -Stakeholder Advisory Forum to provide policy +and strategic advice to the Authority. +(2) The Forum shall comprise representatives from: +(a) the private ICT sector; +(b) civil society organizations; +(c) academic and research institutions; +(d) certified ICT professionals; +(e) international development partners; and +(f) any other stakeholder the Authority may determine. +(3) The Forum shall meet at least once a year and submit recommendations to the Board of +Directors. +(4) The Authority shall publish a summary of the Forum’s deliberations and responses in its +annual report. +Periodic Review of Regulatory Instruments +65. (1) The Authority shall undertake a comprehensive review of all regulatory instruments +made under this Act at least once every five (5) years. +25 +PAGE \* MERGEFORMAT 1 (2) The review shall evaluate the continued relevance, effectiveness, and flexibility of +regulations in light of technological advancements, market developments, and stakeholder +needs. +(3) The Authority shall conduct public consultations and publish a Regulatory Impact +Assessment Report following each review. +Collaboration with Other Agencies +66. The Authority shall collaborate with public sector institutions, regulatory bodies, private +sector actors, and international development partners and organisations in the discharge of its +mandate. +Submission of reports by ICT service providers +67. (1) A ICT service provider shall submit annual reports on the business and related activities +of the ICT service provider to the Authority. +(2) A report under subsection (1) shall be submitted within +(a) fifteen days after the end of month ending December 31 in any year; or +(b) a period specified in guidelines issued by the Authority. +(3) The Authority may request additional information from a ICT service provider on the +following +(a) the conduct, practices and management of the business of the ICT service provider; +(b) the transactions related to the operations of the ICT service provider; and +(c) financial and operational compliance with applicable enactments. +(4) The Authority shall, within thirty days after receipt of the report, consider the report and +take necessary action. +Investigation and Enforcement +Inspector +68. (1) The Director General, in consultation with the Board of Directors, may for the purpose +of this Act, designate an officer as an inspector to, subject to strict ethical guidelines, inspect +premises or a facility engaged in a business or related activ ity in the ICT sector to ensure +compliance with this Act. +(2) An inspector shall, before conducting an inspection, obtain prior written authorisation from +the Director General, and if required, produce the authorisation to the person in charge of the +premises or facility. +(3) An inspector shall be subject to a code of conduct with penalties for misconduct. +Power of an inspector +69. (1) An inspector may, at any reasonable time, enter premises or a facility to investigate +activities if there is reason to believe the premises or facility is being used for an unlicensed +business or related activity in the ICT sector. +(2) The inspector shall, upon entry into the premises or facility, inspect +(a) the licence of the ICT service provider; +(b) the premises of the ICT service provider; and +(c) any records relevant to compliance with this Act. +(3) An inspector may, at any reasonable time, enter premises, a vehicle, a vessel or an aircraft +to +(a) examine records or documents related to ICT transactions; +(b) search for evidence of illegal ICT transactions or unlicensed operations; +26 +PAGE \* MERGEFORMAT 1 (c) require the owner or manager of the premises, vehicle, vessel or aircraft to provide relevant +documents; +(d) seize and detain ICT product or related materials suspected to be used in contravention of +this Act; and +(e) ascertain whether a ICT service provider is conducting business in accordance with this Act +and Regulations made under this Act. +(4) Upon the seizure and detention of ICT products or equipment by an inspector of the +Authority, the Authority shall within seven (7) days after the seizure and detention, apply to +the Tribunal under section 77 of this Act for validation or otherwise of the seizure and +detention. +(5) An inspector may be accompanied by a police officer or any other security personnel in the +exercise of powers under this section. +(6) An inspector who conducts an inspection under this section shall, within forty -eight (48) +hours of the conduct of the inspection, submit a written report of the inspection to the Director +General. +Obstruction of an inspector +70. A person who obstructs an inspector in the exercise of a power under section 67 commits +an offence and is liable on summary conviction to a fine of not less than two thousand penalty +units and not more than five thousand penalty units or to a term of i mprisonment of not less +than six months and not more than two years or to both. +Enforcement powers of the Authority +71. (1) The Authority may +(a) require an applicant for a licence or a ICT service provider to produce a document or other +relevant information; +(b) apply to a court of competent jurisdiction for a warrant to +(i) search premises and seize evidence; or +(ii) seize any materials related to a contravention of this Act· +(c) require the attendance of a witness for investigation; +(d) restrain a ICT service provider who has breached a condition of the licence from engaging +in a business or a related activity in the ICT sector; and +(e) assess and award damages against a ICT service provider in favour of an injured third party. +(2) The Authority shall have custody of all confiscated ICT products and equipment. +(3) For the purpose of subsection (1), an officer authorised by the Authority may exercise the +power of search or investigation conferred on a police officer under the Criminal and Other +Offences (Procedure) Act, 1960 (Act 30). +Other powers of the Authority +72.Without limiting section 69, where a person contravenes a provision of this Act or +Regulations made under this Act, the Authority may +(a) issue a warning to the violator; +(b) order the forfeiture of ICT products or equipment obtained illegally; +(c) issue a cease -and-desist order; +(d) suspend or revoke a licence in accordance with this Act; and +(e) take any other action necessary to ensure compliance with this Act. +Other enforcement measures +73(1) The Authority shall, in collaboration with relevant institutions conduct a random ICT +audit of a public/commercial ICT infrastructure or an ICT service provider. +27 +PAGE \* MERGEFORMAT 1 (2) The Authority may seize and confiscate ICT products or equipment if +(a) the ICT product or equipment lacks necessary documentation; +(b) a ICT service provider or any other person seeks to bypass regulatory oversight; or +(c) the ICT operations violates anti -money laundering and counter -terrorism financing laws. +Dispute Resolution +Negotiation +74.(1) Where a dispute arises between ICT service providers regarding licensed activities, the +ICT service providers shall resolve the dispute amicably through negotiation. +(2) Where the parties are unable to resolve the dispute through negotiations, either party to the +dispute may refer the dispute to the Dispute Resolution Committee established under section +75. +Dispute Resolution Committee +75. (l) There is established by this Act a Dispute Resolution Committee. +(2) The Dispute Resolution Committee shall +(a) investigate and hear disputes between ICT service providers without delay; +(b) conduct proceedings fairly and transparently; and +(c) deliver decisions within thirty days from the date of receipt of a dispute. +Composition and procedure of the Dispute Resolution Committee +76. (1) The Board of Directors shall determine the composition and the rules of procedure of +the Dispute Resolution Committee. +(2) Despite subsection (1), the Dispute Resolution Committee shall be chaired by a lawyer with +at least ten years' experience in the practice of alternative dispute resolution. +(3) The Authority shall publish the rules of procedure of the Dispute Resolution Committee in +the Gazette. +Decisions of the Dispute Resolution Committee +77. The Dispute Resolution Committee may, in resolving a dispute +(a) declare the rights and obligations of the parties; +(b) make a provisional order or an interim order; +(c) provide directions to facilitate the proceedings; +(d) dismiss a frivolous or a vexatious claim; +(e) award costs against a party, where appropriate; and +(f) issue any other directive necessary to resolve the matter. +Appeal against the decision of the Dispute Resolution Committee +79. A person who is aggrieved by a decision of the Dispute Resolution Committee may appeal +to the National Information Technology Tribunal established under this Act. +National Information Technology Tribunal +Establishment of the National Information Technology Authority Tribunal +80.(1) There is established by this Act, the National Information Technology Tribunal. +(2) The Tribunal shall be constituted to consider appeals regarding +(a) a decision made by the Authority; +28 +PAGE \* MERGEFORMAT 1 (b) a matter relating to a licence issued under this Act; or +(c) a decision of the Dispute Resolution Committee. +Composition of the Tribunal +81. (1) The Tribunal consists of +(a) a chairperson, who is +(i) a retired Justice of the Superior Courts of Judicature, or +(ii) a lawyer with at least fifteen years' experience in the regulation of the ICT sector or the +practice of alternative dispute resolution; and +(b) two other members with expertise in ICT. +(2) The Minister shall appoint the chairperson and other members of the Tribunal +(3) Sections 9 and 11 on disclosure of interest and allowances apply to a member of the +Tribunal. +Administration of the Tribunal +82.(1) The Minister shall appoint +(a) a Registrar to manage the administrative affairs of the Tribunal; and +(b) other staff necessary for the efficient and effective operation of the Tribunal. +(2) The Registrar shall oversee the day -to-day operations of the Tribunal. +Expenses of the Tribunal +83. (1) The expenses of the Tribunal shall be a charge on the funds of the Authority. +(2) The chairperson of the Tribunal shall submit an annual budget for approval by the Board +of Directors. +(3) The Board of Directors shall release funds for the operations of the Tribunal no later than +the first quarter of the financial year. +Allowances +84. The members and staff of the Tribunal shall be paid such allowances determined by the +Minister in consultation with the Minister responsible for Finance as and when the Tribunal +hears cases. +Rules of procedure of the Tribunal +85. (1) The Board of Directors shall, within ninety days of the coming into force of this Act, +prescribe rules of procedure for the Tribunal. +(2)The Board of Directors shall publish the rules in the Gazette. +Right of appeal +86. (1) A person aggrieved by a decision of the Authority or the Dispute Resolution Committee +may, within twenty -one days of the date of the decision, appeal to the Tribunal. +(2) A notice of appeal under subsection (1) shall specify +(a) the decision being appealed against; +(b) the legal provisions under which the decision was made; and +(c) the grounds for appeal. +(3) The Tribunal shall convene to hear the appeal within thirty days of receipt of the notice of +appeal. +Decisions of the Tribunal +87(1) The Tribunal may, after hearing an appeal, +(a) overturn the decision being appealed; +29 +PAGE \* MERGEFORMAT 1 (b) partially allow the appeal; or +(c) dismiss the appeal and uphold the decision of the Dispute Resolution Committee or the +Authority. +(2) Where the Tribunal allows an appeal in part, the Tribunal may modify the decision of the +Authority or the Dispute Resolution Committee subject to conditions that the Tribunal +considers appropriate. +(3) The decision of the Tribunal shall have the same effect as a judgment of the High Court. +Appeal against a decision of the Tribunal +88. (1) A party who is dissatisfied with a decision of the Tribunal on a matter may appeal to +the Court of Appeal. +(2) An appeal under subsection (1) shall be +(a) on a point of law only; and +(b) filed within thirty days of the decision of the Tribunal. +Offence, Penalties and Administrative Penalty +General offences and penalties +89. (1) A person shall not +(a) unlawfully destroy, damage, or interfere with equipment, installations, or facilities used in +the ICT sector ; +(b) provide false information or fraudulent documentation related to ICT transactions; +(c) fail or neglect to comply with the terms and conditions of a licence; +(d) offer a bribe or incentive to an officer of the Authority to circumvent this Act or Regulations +made under this Act; +(e) front or connive to acquire a licence under this Act or Regulations made under this Act. +(2) A person who contravenes a provision of subsection (1) commits an offence and is liable +on summary conviction to a fine of not less than two thousand penalty units and not more than +five thousand penalty units or to a term of imprisonment of not less t han six months years and +not more than two years or to both. +Embezzlement, misappropriation or diversion of funds +90.(1) A person shall not embezzle, misappropriate or divert funds meant for the Authority or +the Republic under this Act. +(2)A person who contravenes subsection (1) commits an offence and is liable on summary +conviction to a fine of not less than five thousand penalty units and not more than ten thousand +penalty units or to a term of imprisonment of not less than five years a nd not more than twenty +years or to both. +Offences Relating to Licensing and Certification +91.(1) A person who +(a) provides ICT services or operates ICT infrastructure without a valid licence, +(b) falsely represents themselves as a certified ICT professional, or +(c) submits false information to obtain a licence or certification, +commits an offence and is liable on summary conviction to a fine of not less than one thousand +penalty units and not more than two thousand penalty units or to a term of imprisonment of +not less than six months years and not more than two years, or to bot h. +Interference with Technical Clearance +30 +PAGE \* MERGEFORMAT 1 92. A person who obstructs or circumvents the technical clearance process of the Authority +commits an offence and is liable on summary conviction to a fine of not less than one thousand +penalty units and not more than two thousand penalty units or to a t erm of imprisonment of +not less than six months years and not more than two years, or to both. +Obstruction of Compliance Reviews +93. A person who +(a) refuses to provide information lawfully requested by a Compliance Inspector of the +Authority, +(b) prevents or delays access to ICT systems or facilities during an inspection, or +(c) conceals, alters, or destroys relevant documentation, +commits an offence and is liable on summary conviction to a fine of not less than two thousand +penalty units and not more than five thousand penalty units or to imprisonment for a term of +not less that twelve months and not more than two years, or to both . +Offence by a body corporate +94.Where a body corporate commits an offence under this Act, every director, manager, officer +and shareholder responsible for the operations of the body corporate is considered to have +committed the offence unless the director, manager, officer or sharehol der proves that the +director, manager, officer or shareholder exercised due diligence to prevent the commission of +the offence. +Administrative penalty +95.(1) A ICT service provider or any other entity regulated under +this Act or Regulations made under this Act who +(a) fails to comply with a directive issued by the Authority, or +(b) refuses or neglects to provide required information to the Authority, +is liable to pay to the Authority an administrative penalty of not less than twenty thousand +penalty units and not more than fifty thousand penalty units. +(2) Where a person fails to pay an administrative penalty imposed under subsection (1), the +Authority may +(a) suspend or revoke the licence of the person; or +(b) prohibit the person from engaging in a business or related activity in the ICT sector within +the country. +Other Offences +96. A person who +(a)makes a false declaration in an application for a licence, +(b)makes a false declaration in an application for registration of a licence, +wilfully destroys or damages a register kept under this Act commits an offence and is liable on +summary conviction to a fine of not more than five hundred penalty units or co a term of +imprisonment of not more than two years or to both and in the case of a continuing offence to +a further fine of ten penalty units for each day during which the offence continues after written +notice has been served on the offender by the Authority . +97.(1) A person who negligently causes a cybersecurity breach commits an offence and is liable +on conviction to a fine of up to two thousand penalty units or to imprisonment for a term not +exceeding five years, or to both. +31 +PAGE \* MERGEFORMAT 1 (2) A person who engages in fraudulent ICT practices, including but not limited to +cryptocurrency scams, commits an offence and is liable on conviction to a fine of up to five +thousand penalty units or to imprisonment for a term not exceeding ten years, or to both. +(3) A data center operator who fails to meet licensing or operational standards prescribed by +the Authority commits an offence and is liable to a fine of up to three thousand penalty units +and/or suspension of operations. +(4) A person who hosts critical data without accreditation as required by the Authority commits +an offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment +for a term not exceeding seven years, or to both. +(5) A person who fails to conduct and submit an audit report as required by the Authority +commits an offence and is liable to a fine of one thousand penalty units for each month of +delay. +(6) A person who submits a false report to the Authority commits an offence and is liable on +conviction to a fine of five thousand penalty units or to imprisonment for a term not exceeding +five years, or to both. +(7). A person who obstructs Compliance Officers by rejecting, interfering with, or evading their +lawful duties commits an offence and is liable to immediate suspension of ICT operations until +compliance is achieved. +(8)A person who repeatedly violates multiple provisions of this Act or Regulations commits an +offence and is liable on conviction to a fine of five thousand penalty units and permanent +revocation of operating licences. +(9) A person whose gross negligence leads to data breaches or system failures commits an +offence and is liable on conviction to a fine of up to ten thousand penalty units or ten percent +of annual turnover (whichever is higher), plus mandatory third -party audit s. +(10) A person who retaliates against a whistleblower in connection with any offence under this +Act commits an offence and is liable on conviction to double the maximum penalty prescribed +for the underlying offence. +Miscellaneous Provisions +Procedure for decision -making by the Authority +98.(1) In the exercise of its function under this Act and the Electronic Transactions Act, 2025 +(Act …) , the Board shall +(a) observe reasonable standards of procedural fairness, +(b) act timeously, and +(c) observe the rules of natural justice. +when making decisions that affect a person. +(2) Without limiting subsection (1), the Board shall +(a) publish a matter for decision in the Gazette as considered necessary or +as required by the Electronic Transactions Act, 2025 (Act …) prior to +making a decision; +(b) grant a person who is or is likely to be affected by a decision of the +Board, an opportunity; +(i) to make a submission to the Board, +(ii) to be heard by the Board, or +(iii) to consult with the Board in good faith, 'and +( c) have regard to evidence adduced and matters contained in a +submission made or received in the course of any consultation. +(3) Where the Board makes a decision, it shall +32 +PAGE \* MERGEFORMAT 1 (a) state in writing the reasons for the decision; and +(b) provide in accordance with its procedure; notification of the +decision to the relevant persons. +(4) The Board may, on application or on its own motion, review, rescind or vary a +decision made by it or hear a matter again before rendering a decision. +Register of interests +99.(1) The Director -General shall cause to be kept and maintained a Register in which shall be +recorded details of +(a) any share or debenture owned by a member of the Board; +(b) other financial interests a member of the Board has in a corporate body; +(c) any public or charitable appointment or directorship held by a member; and +(d) any other matter required to be registered. +(2)The Register shall be publicly accessible, in both physical and electronic form. +(3) The Register shall be open to the public for physical inspection during normal working +hours and subject to the payment of a fee determined by the Authority. +(4) A person may +(a) make a copy of the content of the Register, or +(b) take an extract from the Register, +at the fee that the Authority may determine. +Code of conduct +100.(1) The Board shall establish within one year of the commencement of this Act, a code of +conduct for members of the Board, staff and persons whose services the Authority engages. +(2)The Code of Conduct shall among other provide for disciplinary and ethical matters +(3) The Board shall revise the code of conduct from time to time having regard to the changing +regulatory objectives in the communications industry. +Publication of notices and directives +101.(1) Where a provision of this Act requires publication of a notice or a directive in the +Gazette, the Authority may, in addition to publication in the Gazette, publish the notice or +directive +(a) in a daily newspaper of national circulation; +(b) on radio and television; and +(c) on the website of the Authority. +(2) The Authority shall ensure that a notice or directive is accessible to relevant stakeholders. +Public engagement +102. The Authority shall organise periodic public engagement on the operations of the +Authority. +Regulations +103. The Minister may, by legislative instrument, make Regulations to +(a) define, expand or modify the scope of activities that constitute business or related +activities in the ICT sector; +(b) specify procedures for submitting, investigating and resolving complaints in the ICT +sector; +(c) establish disciplinary procedures for ICT service providers; +33 +PAGE \* MERGEFORMAT 1 (d) regulate the licensing process for business and related activities in the ICT sector; +(e) set guidelines and standards of performance for ICT services; +(i) establish health and safety protocols for the ICT sector ; +(g) provide for the digitalisation of the operations of the Authority; +(h) prescribe rules for Ghanaian content and Ghanaian participation in the ICT sector; +(i) prescribe rules for consumer protection in the ICT sector; +(j) prescribe licensing procedures and categories; +(k) certification standards; +(l) compliance monitoring mechanisms; +(m) public sector ICT governance; +(g) prescribe for fair trade practices and anti -competition rules in the ICT sector; +(h) regulate data centres and ICT infrastructure; +(i) prescribe fees chargeable under this Act, +(j) provide for forms for applications, +(k) prescribe requirements for licences and approvals for equipment, +(l) provide procedures for the systematic implementation of a national information +communications technology policy, +(m) provide for any other matter necessary for the effective and efficient implementation of +this Act. +Interpretation +104. (1) In this Act, unless the context otherwise requires, — +"adaptive regulation " means regulatory practices designed to evolve in response to emerging +technologies and changing market dynamics; +"Authority" means the National Information Technology Authority established under section +1; +"Board" means the Governing Board of the Authority; +"certification tiers" means graduated levels of certification that indicate the performance, +reliability, and compliance level of ICT services or professionals; +"certified professional" means a person certified under this Act to provide ICT services in the +public sector; +"chairperson" means the chairperson of the Board; +"cloud computing" means delivery of computing services —including servers, storage, +databases, networking, software —over the internet (“the cloud”) ; +"cloud hosting environments" means virtualized computing platforms provided over the +internet to host data, applications, and services; +"compliance inspector" means an officer designated by the Authority to monitor, audit, and +inspect entities for compliance with this Act; +"data centre" means a facility used to house computer systems, servers, and associated +components such as telecommunications and storage systems for data processing and storage; +"domain name" means a unique, human -readable identifier that corresponds to a numeric +Internet Protocol address and is used to locate websites or digital services on the internet; +"enactment" includes an Act of Parliament, a legislative instrument, or any subsidiary +legislation or regulation made under statutory authority and having the force of law in Ghaba; +"enterprise software solutions" means integrated digital systems designed to manage core +operations of an organization, including finance, human resources, and supply chain; +"Government ICT Infrastructure Operator " means a company licensed by the Authority to +manage, operate, and develop core government digital infrastructure; +34 +PAGE \* MERGEFORMAT 1 "ICT" means information and communications technology which refers to all technologies, +systems, infrastructure, software, and platforms used for the collection, processing, storage, +transmission, and dissemination of digital information and electronic comm unications. For +the purposes of this Act, ICT shall include — +a) digital hardware and software systems; +b) information systems and digital applications, especially within government operations; +c) data centres, hosting facilities, electronic and cloud -based infrastructure; +d) digital innovation, platforms, and emerging technologies deployed in the public sector; and +e) associated standards, architecture, and interoperability frameworks; +"ICT infrastructure" includes physical and virtual systems such as servers, networks, data +centers, cloud platforms, and related hardware or software required for digital operations; +"ICT service provider" means an individual or entity licensed by the Authority to provide +ICT products, services, platforms, or infrastructure within the ICT sector; +"improvement plan" means a set of recommendations and steps issued by the Authority to +guide an entity towards compliance with performance standards; +"information technology" means the application of digital systems, computing devices, +software, networks, and electronic data processing tools to collect, process, store, retrieve, +and disseminate information for operational, administrative, or strategic p urposes; +"internet protocol address" means a unique numerical label assigned to a device or node +connected to a computer network that uses the Internet Protocol for identification and +communication; +"interoperability" means the ability of different ICT systems and applications to +communicate, exchange data, and use the information effectively; +"Minister" means the Minister responsible for Communication, Digital Technology, and +Innovations; +"Ministry" means the Ministry responsible for Information Communications Technology or +Digitalisation; +"national digital identity services" means digital systems and platforms that authenticate and +manage unique identities of individuals or institutions for electronic services; +"performance standards" means formalized metrics and criteria prescribed by the Authority to +evaluate the quality, efficiency, security, and user experience of ICT systems and services; +"prescribed" means specified by or in accordance with this Act or Regulations, directives, +notices or guidelines issued under this Act; +"principles -oriented regulation " means a regulatory approach focused on broad objectives +and outcomes rather than prescriptive rules; +"public institution" means a Ministry, Department, Agency, Metropolitan, Municipal or +District Assembly, a statutory or constitutional body, or any entity owned wholly or partly by +the Republic; +"registrable interest" includes any direct or indirect financial interest, shareholding, beneficial +ownership, partnership, trusteeship, or fiduciary obligation held by a person, which is +required to be disclosed under section 12 or section 99 of this Act; +"risk -based approach" means a method that allocates regulatory resources and scrutiny based +on the potential risks posed by ICT activities or providers; +"sandbox" means a controlled regulatory environment where innovations can be tested +temporarily under relaxed regulatory requirements; +"service level agreements (SLAs)" means formal contracts between service providers and +clients that define expected service performance, responsibilities, and penalties for non - +compliance; +"technical clearance" means approval issued by the Authority confirming that an ICT project +meets prescribed technical standards and compliance requirements; +35 +PAGE \* MERGEFORMAT 1 "technology -neutral" means a regulatory stance that does not favor any particular technology +or solution and promotes innovation across alternatives; and +(2) In this Act unless the context otherwise requires, words and expressions defined in the +Electronic Transactions Act 2025 (Act ….) have the same meaning in this Act. +Transitional Provisions +105. (1) The rights, assets and liabilities that have accrued in respect of the properties vested +in the National Information Technology Agency in existence immediately before the coming +into force of this Act are transferred to the National Information Te chnology Authority +established under this Act. +(2)A person in the employment of the National Information Technology Agency immediately +before the coming into force of this Act shall, on the coming into force of this Act, be deemed +to have been duly employed by the National Information Technology Author ity established +under this Act on the terms and conditions which are not less favourable in aggregate to the +terms and conditions attached to the post held by the person before the coming into force of +this Act. +(3)A contract subsisting between the National Information Technology Agency and another +person and in effect immediately before the coming into force of this Act shall subsist between +the National Information Technology Authority established under this Act and that other +person subject to modifications that are necessary to ensure compliance with this Act. +(4)A licence, permit, or certificate issued by the Ministry or any other public body for matters +related to ICT before the coming into force of this Act shall remain valid for six months unless +revoked earlier by the Authority. +(5) A person whose licence ceases to be valid under subsection (4) may apply to the National +Information Technology Authority for a licence under this Act. +Repeals and Savings +106.(1) The National Information Technology Agency Act, 2008 (Act 771) is hereby repealed. +(2)Despite the repeal, any action lawfully taken under the repealed Act shall be deemed to +have been taken under the corresponding provisions of this Act. +SCHEDULE +(Section 29) +Form and Content of Annual Report of the National Information Technology Authority +Part of Report Description +PART I – Introductory Information Table of contents. +Index of terms. +Glossary of technical and legal terms and +acronyms. +Contact details of officer(s) responsible +for preparing the report. +Official website address of the Authority +and hyperlink to the published report. +PART II – Review by the Board and +Executive Management A review by the Board of the Authority +ency, which shall include — +36 +PAGE \* MERGEFORMAT 1 (a) a concise overview of NITA’s legal +mandate and strategic focus; +(b) a description of the Authority’s +statutory roles and core functions; +(c) a summary of significant policy, +regulatory, or operational developments +during the year; +(d) the organisational structure and +changes therein; +(e) performance highlights, including +achievements in service delivery, +infrastructure development, and +regulatory enforcement; +(f) financial performance overview; and +(g) strategic outlook and key initiatives +planned for t he ensuing year. +PART III – Policy and Legal Mandate +Implementation A report on implementation of NITA’s +statutory functions under the Act, +including — +(a) the development, review, and +enforcement of ICT and digital economy +policies and standards; +(b) progress on digital government +enablement and ICT architecture across +the public sector; +(c) coordination with MDAs, MMDAs, +and international agencies; +(d) monitoring of compliance by regulated +ICT entities; and +(e) stakeholder engagements, capacity - +building and advisory services. +PART IV – Regulatory Performance A report on the performance of the +Authority’s regulatory functions, +including — +(a) ICT systems certification and audit +outcomes; +(b) issuance, suspension, or revocation of +ICT licences, accreditations, or +authorisations; +(c) cyber and digital resilience +assessments conducted under applicable +laws or frameworks; +(d) enforcement actions and compliance +statistics; +(e) number and resolution of complaints +or investigations initiated; +(f) key findings from sector monitoring +and evaluation; +(g) summary of public consultations, +stakeholder feedback, and regulatory +37 +PAGE \* MERGEFORMAT 1 reforms initiated; +(h) risk -based supervision and regulatory +reliefs granted; +(i) use and outcomes of regulatory +sandbox initiatives. +PART V – Service Delivery and +Infrastructure Development An operational performance review, +including — +(a) implementation status of national ICT +infrastructure projects; +(b) digital platforms commissioned, +upgraded, or maintained by the Authority; +(c) contributions to the national digital +transformation agenda; +(d) alignment of services with service +charters, quality assurance benchmarks, +and turnaround times; +(e) innovations deployed and lessons +learned; +(f) user satisfaction levels and complaints +management performance. +PART VI – Financial and Resource +Reporting A financial performance report, +including — +(a) audited financial statements; +(b) analysis of budgeted versus actual +expenditure and income; +(c) explanation of significant financial +variances; +(d) summary of internally generated +funds, donor funding, and government +allocations; +(e) procurement activities and compliance +with the Public Procurement Act; +(f) summary of assets held, asset +performance, and life cycle management. +PART VII – Governance and +Accountability A corporate governance report, +including — +(a) Board and Executive membership and +roles; +(b) meetings held, attendance records, and +decisions made; +(c) risk management strategies and major +risks identified; +(d) ethical standards and anti -fraud +measures implemented; +(e) mechanisms for internal control and +audit compliance; +(f) external oversight reports including +Auditor -General, Parliament and others; +(g) tribunal appeals and Dispute +Resolution Committee outcomes. +38 +PAGE \* MERGEFORMAT 1 PART VIII – Human Capital Management Report on human resource development +and management, including — +(a) staffing levels, turnover, and retention +rates; +(b) training and professional development +initiatives; +(c) staff productivity and performance +incentives; +(d) implementation of workplace health +and safety measures; +(e) initiatives to promote gender equity, +disability inclusion, and diversity. +PART IX – Sectoral Collaboration and +Research Report on national or sectoral initiatives +including — +(a) public -private partnerships in ICT; +(b) sponsored or commissioned research +activities; +(c) support for innovation, digital +entrepreneurship, and SME digitalisation; +(d) international engagements or technical +cooperation. +PART X – Cross -Cutting and Legal +Compliance Matters Report on — +(a) freedom of information compliance; +(b) advertising and public education +campaigns; +(c) ecologically sustainable ICT practices; +(d) accessibility of digital services for +persons with disabilities; +(e) digital literacy programmes and +gender -responsive ICT outreach; +(f) any corrections to material errors from +prior reports. +PART XI – Performance Monitoring and +Indicators Report on — +(a) performance against key indicators and +benchmarks set by the Authority; +(b) public sector digital readiness and +impact evaluation; +(c) institutional compliance with service +level agreements (SLAs). +PART XII – Discretionary and Statutory +Grants Summary of discretionary or statutory +grants issued, including purpose, +beneficiaries, and value. +Date of Gazette notification: \ No newline at end of file diff --git a/assets/example_bills/national-information-technology-authority-bill-2025/metadata.json b/assets/example_bills/national-information-technology-authority-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..6a375e827361c338a7e5cc20e69e30bf745bc7fd --- /dev/null +++ b/assets/example_bills/national-information-technology-authority-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:18:55.615149+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/NITA-NATIONAL-INFORMATION-TECHNOLOGY-AUTHORITY-BILL_-10-07-25.pdf", + "document_hash": "53a5382035825b567b8f409c6e14933b48482f99fc59129470b8580a5e13a4a1", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/analysis.json b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/analysis.json new file mode 100644 index 0000000000000000000000000000000000000000..273487a554fcdb233f5d0d65284be84269ed48ee --- /dev/null +++ b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/analysis.json @@ -0,0 +1,72 @@ +{ + "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.", + "bill_summary": [ + "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.", + "Designates Ghana Post as the sole provider of reserved postal services (e.g., letters, small parcels) with exclusive use of the term 'Post Office'.", + "Requires all private courier/logistics operators to obtain PCLC licenses, with penalties for non-compliance (fines up to 1,000 penalty units or imprisonment).", + "Mandates technological and logistical infrastructure standards for licensed operators (e.g., real-time tracking, barcoding).", + "Provides a dispute resolution mechanism for licensees aggrieved by PCLC decisions, including appeals to the Minister or courts.", + "Empowers the Commission to modify, suspend, or cancel licenses for non-compliance, with compensation provisions for affected licensees." + ], + "implementation": [ + { + "stakeholder": "Private courier/logistics operators", + "obligation": "Apply for and maintain a PCLC license, comply with service standards (e.g., delivery times, tracking systems), and avoid unlicensed third-party subcontractors.", + "implementation_burden": "Costs of compliance with infrastructure requirements (e.g., real-time tracking systems) and administrative overhead for license applications/renewals.", + "risk_or_note": "Risk of fines or imprisonment for operating without a license; potential exclusion from the market if unable to meet technical standards." + }, + { + "stakeholder": "Ghana Post", + "obligation": "Provide reserved postal services exclusively, maintain quality standards, and delegate functions to third parties under written conditions.", + "implementation_burden": "Investment in technological infrastructure to meet PCLC requirements for hybrid services (e.g., courier/logistics).", + "risk_or_note": "Potential legal challenges if deemed to have monopolistic practices, though the Bill explicitly designates it as the national provider." + }, + { + "stakeholder": "Consumers (including persons with disabilities)", + "obligation": "None (passive beneficiaries), but may face improved service quality and accessibility.", + "implementation_burden": "None directly, but may experience higher service costs if private operators pass on compliance expenses.", + "risk_or_note": "Risk of reduced competition if Ghana Post dominates the market, though the Bill allows for licensed private operators." + }, + { + "stakeholder": "PCLC Board members", + "obligation": "Act in the Commission\u2019s best interest, disclose conflicts of interest, and ensure transparent decision-making.", + "implementation_burden": "Legal and ethical compliance, including potential liability for misconduct (fines up to 250 penalty units).", + "risk_or_note": "Risk of personal liability for negligence or conflicts of interest." + } + ], + "critique": [ + { + "issue": "Ambiguity in 'reserved postal services' definition", + "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.", + "recommendation": "Publish the Schedule immediately to clarify the scope of reserved services and prevent legal ambiguity." + }, + { + "issue": "Broad discretionary powers for the PCLC", + "why_it_matters": "The Commission can modify, suspend, or cancel licenses unilaterally, with limited oversight beyond the Minister\u2019s review.", + "recommendation": "Introduce independent judicial review for license modifications/cancellations to prevent arbitrary enforcement." + }, + { + "issue": "Lack of safeguards against regulatory capture", + "why_it_matters": "The Board includes a government appointee and industry representatives, but no consumer or civil society representatives, risking bias toward industry interests.", + "recommendation": "Mandate consumer or civil society representation on the Board to balance stakeholder interests." + } + ], + "swot": { + "strengths": [ + "Standardized service quality and accessibility for underserved populations (e.g., rural areas, persons with disabilities).", + "Clear licensing framework to prevent unregulated operators from entering the market." + ], + "weaknesses": [ + "Potential monopolistic dominance by Ghana Post if private operators struggle to meet technical requirements.", + "High compliance costs for SMEs/startups due to infrastructure mandates (e.g., real-time tracking)." + ], + "opportunities": [ + "Encouragement of innovation in logistics technology through mandated infrastructure standards.", + "Improved public trust in postal services via enforced quality benchmarks." + ], + "threats": [ + "Legal challenges to the PCLC\u2019s authority if the Schedule defining reserved services is perceived as overly broad.", + "Market concentration risks if Ghana Post\u2019s exclusive rights stifle private sector growth." + ] + } +} \ No newline at end of file diff --git a/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/chunks.json b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/chunks.json new file mode 100644 index 0000000000000000000000000000000000000000..e28f5ba78eba38af9cbfbd1e2340318dd7f424b1 --- /dev/null +++ b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/chunks.json @@ -0,0 +1,38 @@ +[ + "13th August, 2025\n1\nPOSTAL , COURIER AND LOGISTICS COMMISSION BILL , 2025\nARRANGEMENT OF SECTIONS\nSection\nEstablishment of the Postal, Courier and Logistics Commission\n1. Establishment of the Commission\n2. Object of the Commission\n3. Functions of the Commission\nGovernance of the Commission\n4. Governing body of the Commission\n5. Functions of the Board\n6. Tenure of office of members of the Commission\n7. Duties and liabilities of a member of the Board\n8. Meetings of the Board\n9. Disclosure of interest\n10. Committees of the Board\n11. Allowances of members\n12. Policy directives\nAdministrative provisions\n13. Executive Secretary\n14. Appointment of other staff of the Commission\n15. Internal Audit Unit\nFinancial Provisions\n16. Funds of the Commission\n17. Bank account\n18. Accounts and audit\n19. Annual report and other reports\nLicensing and Regu lation of Postal, Courier and Logistics Services\n20. Licence to provide postal, courier and logistics services\n21. Qualification for licence\n22. Application for licence\n23. Grant of licence\n24. Courier service\n25. Designation of National Postal Service Provider\n26. Reserved postal services\n13th August, 2025\n2\n27. Contract to convey postal articles\n28. Licence not transferable without written approval\n29. Renewal of licence\n30. Power to modify licence\n31. Suspension or cancellation of licence\n32. Complaint to the Minister\n33. Production of books of account and records\n34. Quality of postal service\nPostage Stamps and Postal Operations\n35. Postage stamps\n36. Postage charges\n37. Copyright in stamps and other philatelic materials\n38. Exemption from postal charges\n39. Prohibition on sending certain articles by post or courier or logistics\n40. Power to detain and open prohibited articles\n41. Power to open postal articles suspected to contain dutiable goods\nOffences and Penalties", + "37. Copyright in stamps and other philatelic materials\n38. Exemption from postal charges\n39. Prohibition on sending certain articles by post or courier or logistics\n40. Power to detain and open prohibited articles\n41. Power to open postal articles suspected to contain dutiable goods\nOffences and Penalties\n42. Unlawfully taking away or opening mail bag sent by post\n43. Unlawful use of stamp or franking machine\n44. Unlawful interference with mail\n45. Unlawful e ntry into post office premises\n46. Fraudulent use of philatelic material\n47. Acts infringing on reserved rights\n48. Prohibition of false notice as to reception of letter and sale of stamps\n49. Destruction or damage to post office letterbox\n50. Evasion of post office laws\n51. Retaining mail bags or postal articles\n52. Unlawful disclosure of contents of postal article\n53. General penalty\n54. Offences committed by a body of persons\nMiscellaneous provisions\n55. Article addressed to deceased person\n56. Settlement of dispute\n57. Establishment of register\n58. Inspectors\n59. Directions in the interest of national security and international relations\n60. Regulations\n13th August, 2025\n3\n61. Interpretation\n62. Repeal and savings\n63. Transitional provisions\n13th August, 2025\n4\nPOSTAL , COURIER AND LOGISTICS COMMISSION BILL , 2025\nA\nBILL\nENTITLTED\nPOSTAL , COURIER AND LOGISTICS COMMISSION ACT , 2025\nAN ACT to establish the Postal , Courier and Logistics Commission as a regulatory body to\nlicense and regulate the operation of post al, courier and logistics services; to enforce\ninternational standards and practices among service providers and to designate a national\npostal service provider and provide for related matters.\nEstablishment of the Postal, Courier and Logistics Commission\nEstablishment of the Commission\n1. (1) There is established by this Act the Postal , Courier and Logistics Commission as a", + "international standards and practices among service providers and to designate a national\npostal service provider and provide for related matters.\nEstablishment of the Postal, Courier and Logistics Commission\nEstablishment of the Commission\n1. (1) There is established by this Act the Postal , Courier and Logistics Commission as a\nbody corporate .\n(2) The Commission may for the performance of functions of the Commission, acquire\nand hol d property, dispose of property and enter into a contract or any other related\ntransaction.\n(3) Where there is a hinderance to the acquisition of land, the land may be acquired for\nthe Commission under the Land Act, 2020 (Act 1036) and the cost shall be borne by the\nCommission.\n13th August, 2025\n5\nObject of the Commission\n2. The object of the Commission shall be to c reate an efficient system for the provision of\nstandardized postal, courier and logistics services in a manner responsive to the needs of\nconsumers particularly of persons with physical disability and persons living in underserved\nand rural areas through the regulation of service providers.\nFunctions of the Commission\n3. The functions of the Commission are to\n(a) ensure as far as practicable the provision of postal, courier and logistics services\nthroughout the country to meet the demand for the services;\n(b) ensure that providers of postal , courier and logistics services achieve the highest\nlevel of efficiency in the provision of the services and are responsive to customer\nand community needs;\n(c) grant licences for the operation of postal , courier and logistics services ;\n(d) regulate the issue of postage stamps including definitive, commemorative and\nspecial issue postage stamps and any other philatelic items;\n(e) provide guidelines on rates of postage and other fees chargeable in respect of postal\narticles;", + "(d) regulate the issue of postage stamps including definitive, commemorative and\nspecial issue postage stamps and any other philatelic items;\n(e) provide guidelines on rates of postage and other fees chargeable in respect of postal\narticles;\n(f) designate quality standards of equipment for the provision of postal , courier and\nlogistics services where necessary;\n(g) ensure that the needs of persons with disability are considered in the provision of\npostal , courier and logistics services ;\n(h) provide assistance to licensees, where practicable ;\n(i) maintain a register of licensees;\n(j) submit inputs for policy formulation to the Minister for consideration as may be\nnecessary ;\n(k) ensure strict compliance with this Act and Regulations made under it; and\n(l) perform any other functions assigned to the Commission under this Act or any other\nenactment; or\n(m) perform any other function incidental to the object of the Commission .\nGovernance of the Commission\nGoverning body of the Commission\n4. (1) The governing body of the Commission is a Board consisting of\n(a) a chairperson;\n(b) one representative of the Ministry of Communication, Digital Technology\nand Innovations not below the rank of a Director nominated by the Minister ;\n(c) the Executive Secreta ry; and\n13th August, 2025\n6\n(d) four persons with knowledge in matters relevant to the functions of the\nCommission, at least two of whom are women nominated by \u2026\u2026\u2026\u2026\u2026.. .\n(2) The President shall, in accordance with article 70 of the Constitution, appoint the\nchairperson and other members of the Board.\nFunctions of the Board\n5. The Board\n(a) is responsible for the strategic direction and policies of the Commission; and\n(b) shall", + "(2) The President shall, in accordance with article 70 of the Constitution, appoint the\nchairperson and other members of the Board.\nFunctions of the Board\n5. The Board\n(a) is responsible for the strategic direction and policies of the Commission; and\n(b) shall\n(i) oversee the sound and proper management of the resources of the\nCommission; and\n(ii) ensure the efficient and effective performance of the functions of the\nCommission.\nTenure of office of members of the Commission\n6. (1) A member of the Commission other than the Executive Secretary shall hold\noffice for a term of four years and is eligible for re -appointment for another term only .\n(2) A member of the Board may, in writing addressed to the President, resign from\noffice .\n(3) A member of the Board other than the Executive Secretary who is absent from\nthree consecutive meetings of the Commission without sufficient cause cease s to be a\nmember of the Commission.\n(4) The President may, in writing addressed to a member , revoke the appointment\nof the member for stated reasons.\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 would result in the declaration\nof a vacancy.\n(6) Where there is a vacancy\n(a) under subsection (2), (3) or (4) or subsection (2) of section 9;\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 appoint a nother\nperson to fill the vacancy for the unexpired term.", + "(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 appoint a nother\nperson to fill the vacancy for the unexpired term.\nDuties and liabilities of a member of the Board\n7. (1) A member of the Board has the same fiduciary relationship with the Commission\nand the same duty to act with loyalty and in good faith as a director of the company\nincorporated under the Companies Act, 2019 (Act 992).\n(2) Without limiting subsection (1), a member of the B oard has a duty\n13th August, 2025\n7\n(a) to act honestly and in the best interest of the Commission in the\nperformance of the functions of the member;\n(b) to exercise the degree of care and diligence in the performance of the\nfunctions of the member that a person in tha t position would reasonably\nbe expected to exercise in the circumstance;\n(c) to avoid making improper use of information acquired by virtue of the\nposition of that member so as to benefit that member or to the detriment\nof the Commission; and\n(d) not to abuse the position of the office.\n(3) A member of the Board shall, before assuming office, file with the Commission a\ndisclosure statement declaring all assets, business affiliations and details of past and recent\nemployment.\n(4) A member of the B oard who contravenes subsection (1) or (2) commits an offence\nand liable on summary conviction to a fine of not less than one hundred penalty units and not\nmore than two hundred and fifty penalty units.", + "employment.\n(4) A member of the B oard who contravenes subsection (1) or (2) commits an offence\nand liable on summary conviction to a fine of not less than one hundred penalty units and not\nmore than two hundred and fifty penalty units.\n(5) Where a court determines that the Commission has s uffered loss or damage as a\nconsequent of an act or omission of a member of the Board, the court may, in addition to\nimposing a fine, order the person convicted to pay appropriate compensation to the\nCommission.\nMeetings of the Board\n8. (1) The Board shall me et at least once every two months at a time and place determined\nby 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 a time and place\ndetermined by the chairperson.\n(3) 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 preside.\n(4) The quorum at a meeting of the Board is four members including the Executive\nSecretary.\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 casting vote.\n(6) The Board may co -opt a person to attend a meeting of the Board but that person\nshall not vote on a matter for a decision at the meeting.\n(7) The proceedings of the Board are not invalidated by reason of a vacancy among the", + "(6) The Board may co -opt a person to attend a meeting of the Board but that person\nshall not vote on a matter for a decision at the meeting.\n(7) The proceedings of the Board are not invalidated by reason of a vacancy among the\nmembers of the Board or by a defect in the appointment or the disqualification of a member.\n(8) Subject to this Act, the Board shall regulate the procedure for the meetings of the\nBoard .\n13th August, 2025\n8\nDisclosure of interest\n9. (1) A member of the Board who has an interest in a matter for considerati on by the\nBoard\n(a) shall disclose in writing the nature of the interest and the disclosure shall form\npart of the record of the consideration of the matter; and\n(b) is disqualified from being present at or participating in the deliberation of the\nBoard in respect of that matter.\n(2) A member ceases to be a member of the Board if that member has an interest in a\nmatter before the Board and\n(a) fails to disclose that interest; and\n(b) is present at or participates in the deliberations of the Board in respect of that\nmatter.\n(3) Where a member contravenes subsection (1), the chairperson shall notify the\nMinister who shall inform the President in writing to revoke the appointment of that member.\n(4) Without limiting any further cause of action that may be instituted against the\nmember, the Board shall recover any benefit derived by a member who contravenes subsection\n(1) in addition to the revocation of the appointment of the member.\nCommittees of the Board\n10. (1) The Board may establish committees consisting of members of the Boar d or non -", + "member, the Board shall recover any benefit derived by a member who contravenes subsection\n(1) in addition to the revocation of the appointment of the member.\nCommittees of the Board\n10. (1) The Board may establish committees consisting of members of the Boar d or non -\nmembers or both to perform a function of the Board.\n(2) A committee composed of members and non -members shall be chaired by a member\nof the Board.\n(3) Section 9 applies to members of a committee of the Board.\nAllowances of members\n11. Member s of the Board or members of a committee of the Board shall be paid\nallowances determined by the Minister in consultation with the Minister responsible for\nFinance.\nPolicy directives\n12. (1) The Minister may give directives in writing on matters of policy to the Board and\nthe Board shall comply.\n(2) The directives shall be consistent with the object of this Act.\nAdministrative Provisions\n13th August, 2025\n9\nExecutive Secretary\n13. (1) The President, shall in accordance with article 195 of the Constitution, appoint the\nExecutive Secretary for the Commission.\n(2) The Executive Secretary shall hold office on the terms and conditions specified in\nthe letter of appointment.\n(3) The Executive Secretary\n(a) is responsible for the day -to-day administration of the Commission; and\n(b) shall ensure the implem entation of the decisions of the Board.\n(4) The Executive Secretary may delegate a function to an officer of the Commission\nbut shall not be relieved of the ultimate responsib ility for the performance of the delegated\nfunction.\nAppointment of other staff of the Commission", + "(4) The Executive Secretary may delegate a function to an officer of the Commission\nbut shall not be relieved of the ultimate responsib ility for the performance of the delegated\nfunction.\nAppointment of other staff of the Commission\n14. (1) The President shall, in accordance with article 195 of the Constitution, appoint\nother staff that are necessary for the effective and efficient performance of the functions of\nthe Commission.\n(2) The President may, in writing, delegat e the power of appointment in subsection\n(1) to the Board.\n(3) Other public officers may be transferred or seconded to the Commission or may\notherwise give assistance to the Commission.\n(4) The Commission may, for the effective and efficient performance of the\nfunctions of the Commission, engage the services of consultants or experts on the\nrecommendation of the Executive Secretary .\nInternal Audit Unit\n15. (1) The Commission 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 Commission .\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 su bmit to the Board , a report on the internal audit carried out during\nthe period of three months immediately preceding the preparation of the report;\nand\n(b) make recommendations in each report with respect to matters which appear to", + "(a) prepare and su bmit to the Board , a report on the internal audit carried out during\nthe period of three months immediately preceding the preparation of the report;\nand\n(b) make recommendations in each report with respect to matters which appear to\nthe Internal Auditor as nec essary for the conduct of the affairs of the\nCommission .\n13th August, 2025\n10\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 Executive Secretary and the chairperson of the Board.\nFinancial Provisions\nFunds of the Commission\n16. (1) The source s of funds of the Commission are\n(a) moneys approved by Parliament ;\n(b) fees, and\n(c) loans, grants and donations.\n(2) The Commission may invest moneys not required for immediate use as the\nCommission considers appropriate.\nBank account\n17. Moneys for the Commission shall be paid into a bank account opened for the\npurpose by the Commission with the approval of the Controller and Accountant -General.\nAccounts and audit\n18. (1) The Commission shall keep books, records , returns of account and other documents\nin rel evant to the accounts in the form approved by the Auditor -General.\n(2) The Board shall, at the end of each financial year, submit the accounts of the\nCommission to the Auditor -General for audit.\n(3) The Auditor -General shall, within six months after the end of the immediately\npreceding financial year, audit the accounts of the Commission and submit the report to\nParliament and forward a copy each of the audit report to the Minister and the Board.", + "Commission to the Auditor -General for audit.\n(3) The Auditor -General shall, within six months after the end of the immediately\npreceding financial year, audit the accounts of the Commission and submit the report to\nParliament and forward a copy each of the audit report to the Minister and the Board.\n(4) The financial year of the Commission is the same as the financial year of\nGovernment.\nAnnual report and other reports\n19. (1) The Board shall, within thirty days after the receipt of the audit report, submit an\nannual report to the Minister covering the activities and operations of the Commission for the\nyear to which the annual report relates.\n(2) The annual report shall include the report of the Auditor -General.\n(3) The Minister shall, within thirty days af ter the receipt of the annual report, submit\nthe report to Parliament with a statement that the Minister considers necessary.\n13th August, 2025\n11\n(4) The Board shall submit to the Minister any other report which the Minister may\nrequire in writing.\nLicensing and Regulation of Postal, Courier and Logistics Services\nLicence to provide postal, courier and logistic s services\n20. (1) The Commission shall license the following persons or businesses:\n(a) a private courier operator solely established to provide courier and logistics services;\n(b) a public or private entity which engages in delivery services in the course of\nbusiness;\n(c) an operator of an online shop or e-commerce platform that operate s courier or\nlogistics services;\n(d) a courier and logistics aggregator ;\n(e) a supermarket, shop, mall, restaurant, pharmac y, pharmaceutical compan y or other\ncommercial concern that operate s courier or logistics services as part of business\nactivit y;", + "logistics services;\n(d) a courier and logistics aggregator ;\n(e) a supermarket, shop, mall, restaurant, pharmac y, pharmaceutical compan y or other\ncommercial concern that operate s courier or logistics services as part of business\nactivit y;\n(f) a public or private transport operator in Ghana engaged in delivery whether by land,\nsea or air;\n(g) a courier or logistics service operator ; and\n(h) an individual engaged in courier or logistics services with the use of a vehicle, cycle,\nmotorcycle or tri -cycle .\n(2) Despite subsection (1), the Ghana Post Company Limited shall operate without a\nlicence issued by the Commission.\n(3) A person shall not establish, operate, facilitate, provide or offer postal, courier or\nlogistics services except under a license issued by the Commission under this Act.\n(4) A person or business who contravenes subsection (3) commits an offence and is\nliable on summary conviction to a fine of not less than two hundred and fifty penalty units and\nnot more than one thousand penalty units or to a term of imprisonment of not less than\u2026\u2026\u2026.\nand not more than three years or , to both.\n(5) A person or business specified in paragraph (b), (c) or (d) of subsection (1) shall\nnot engage the services of a third party courier or logistic s operator that is not licensed by the\nCommission.\n(6) A person or business that contravene subsection (5) commits an offence and is liable\non summary conviction to a fine of not less than two hundred and fifty penalty units and not\nmore than one thousand penalty units or to a term of imprisonment of not less than", + "Commission.\n(6) A person or business that contravene subsection (5) commits an offence and is liable\non summary conviction to a fine of not less than two hundred and fifty penalty units and not\nmore than one thousand penalty units or to a term of imprisonment of not less than\n13th August, 2025\n12\n\u2026\u2026\u2026..years and not more than thr ee years or , to both.\nQualification for licence\n21. A licen ce to provide a postal, courier or logistic s service may be granted to\n(a) a citizen of Ghana operating under a registered sole proprietorship under the\nRegistration of Business Names Act, 1962 (Act 151 );\n(b) a body corporate registered under the Companies Act, 2019 (Act 992);\n(c) a partnership registered under the Incorporated Private Partnerships Act, 1962 (Act\n152);\n(d) an external company duly registered in Ghana ;\n(e) a foreign franchise entity registered as a l ocal entity ; and\n(f) an individual engaged in courier or logistics services who uses a vehicle, cycle,\nmotorcycle or tri -cycle .\nApplication for licence\n22. (1) An application for a licence shall be\n(a) made to the Commission on a form determined by the\nCommission ; and\n(b) accompanied with the prescribed fee and documents .\n(2) The Commission shall\n(a) within five working days of receipt of an application, acknowledge in writing\nthe receipt of the application ; and\n(b) within sixty days after acknowledgment of receipt , inform the applicant in\nwriting of the decision of the Commission.\n(3) The Commission shall in considering an application under this Act, require an", + "the receipt of the application ; and\n(b) within sixty days after acknowledgment of receipt , inform the applicant in\nwriting of the decision of the Commission.\n(3) The Commission shall in considering an application under this Act, require an\napplicant to show proof of ability to provide the service to which the application relates.\nGrant of licence\n23. (1) The Commission may, subject to conditions that it may determine , grant a licence to\nan applicant to provide a postal or courier service other than a reserved postal service.\n(2) Without limiting subsection (1) a licence shall state the\n(a) type of services to be provided;\n(b) period of validity of the licence; and\n(c) payment to the Commission\n(i) of a fee for the grant of the licence ; or\n(ii) of periodic payments during the existence of the licence or both.\nCourier service\n24. (1) A person shall not be licensed to provide a courier or logistics service unless the\nperson undertakes to\n13th August, 2025\n13\n(a) develop and publish with t he approval of the Commission, standards by which\nthe courier or logistics operates;\n(b) follow and trace items received or collected for de livery by th e business\nundertaking of that person ;\n(c) deliver items within the acceptable delivery time set by the person and approved by\nthe Commission ;\n(d) put in place requisite technological and logistical infrastructure approved by the\nCommission for\n(i) prompt order fulfilment;\n(ii) standard packaging and labeling;\n(iii) real-time online tracking, monitoring and delivery confirmation;\n(iv) bar code scanning;\n(v) pricing of courier charges;\n(vi) identifying prohibited items;", + "Commission for\n(i) prompt order fulfilment;\n(ii) standard packaging and labeling;\n(iii) real-time online tracking, monitoring and delivery confirmation;\n(iv) bar code scanning;\n(v) pricing of courier charges;\n(vi) identifying prohibited items;\n(vii) payment collection;\n(viii) delivery of items within the acceptable delivery time set by each operator\nand approved by the Commission;\n(ix) operating within standards acceptable to the Commission; and\n(x) reverse logistics and refund .\n(2) Despite subsection (1), the Commission may exercise its sole discretion to grant\nlicenses to prospective courier or logistics operators that are small and medium enterprises or\nstart-up enterprises , irrespective of their inability to fulfil all the requirements herein from the\nonset of their operations.\nDesignation of National Postal Service Provider\n25. (1) The Ghana Post Company Limited referred to in this Act as \"Ghana Post\" is by\nthis Act designated as the national postal , courier and logistics service provider with the\nexclusive right to provide the reserved postal , courier and logistics services specified in the\nSchedule.\n(2) The Commission shall upon the coming into force of this Act, accordingly grant\n13th August, 2025\n14\nto Ghana Post as soon as practicable the exclusive licence for the provision of the reserved\npostal services .\n(3) Ghana Post shall have the exclusive use of the words \"Post Office\" .\n(4) For the effective and efficient implementation of the reserved function, Ghana\nPost may subject to such conditions as it may determine in writing, delegate the\nperformance of a function conferred on it under this Act to a person.\n(5) Ghana Post may provide a hybrid of postal courier and logistic services and in the", + "Post may subject to such conditions as it may determine in writing, delegate the\nperformance of a function conferred on it under this Act to a person.\n(5) Ghana Post may provide a hybrid of postal courier and logistic services and in the\ncase of courier and logistic s services, Ghana Post shall put in place the requisite technological\nand logistical infrastructure specified in paragraph (d) of subsection (1) of section 24 of this\nAct and approved by the Commission.\nReserved postal services\n26. The function reserved for Ghana Post confers on it the exclusive power to convey\nletters, post cards, printed matters, small parcels and other postal articles within the\nrequirements specified in paragraph 1 of the Schedule.\nContract to convey postal articles\n27. Ghana Post may contract a person to convey a postal article by land, sea or air on its\nbehalf and on conditions that may be agreed upon between Ghana Post and the person\ncontracted.\nLicence not transferable without written approval\n28. A licence issued under this Act is not transferable except with the prior written\napproval of the Commission.\nRenewal of licence\n29. (1) A licence may be renewed upon an application made to the Commission for\nrenewal of the licence, not later than three months before the expiration of the licence.\n(2) The procedure for renewal of a licence shall be the same as that applicable to\nthe grant of the origina l licence .\n(3) A licen see who fails to renew a licence or whose application for the renewal\nis rejected by the Commission shall cease to provide the postal or courier service ninety\ndays after the expiration of the licence.\nPower to modify licence\n30. (1) The Commission may, subject to this Act , modify a licence if the Commission", + "is rejected by the Commission shall cease to provide the postal or courier service ninety\ndays after the expiration of the licence.\nPower to modify licence\n30. (1) The Commission may, subject to this Act , modify a licence if the Commission\nconsiders that the modification is required in the public interest.\n(2) A modification shall not be made unless the Commission has given at least sixty\nworking days\u2019 notice in writing to the licensee\n13th August, 2025\n15\n(a) stating that the Commission proposes to make modifications; and\n(b) setting out the consequences of the modification.\n(3) The Commission shall , before making a modification, consider the\nrepresentation or objection made to the Commission.\n(4) A notice under subsection (2) shall be published in the Gazette and in a national\nmedia.\n(5) A copy of the notice shall be submitted to the licensee.\n(6) The Commission may compensate the licensee for any expense incurred or\ndamage caused as a result of a modification to a licence made under subsection (1).\nSuspension or cancellation of licence\n31. (1) Where the Commission is satisfied that a licensee is not complying with or has\nnot complied with the conditions of the licence , the Commission may suspend or cancel the\nlicence.\n(2) A suspension or cancellation shall not be made unless the Commission gives\nthe licensee a written notice specifying the cause of dissatisfaction of the Commission and\ngiving directions for rectification o f the breach and the action proposed to be taken by the\nCommission in the event of non -compliance with the notice.\n(3) The Commission shall not suspend or cancel a licence without first giving the", + "giving directions for rectification o f the breach and the action proposed to be taken by the\nCommission in the event of non -compliance with the notice.\n(3) The Commission shall not suspend or cancel a licence without first giving the\nlicensee an opportunity to be heard and to comply with the dire ctives of the Commission\nif any, within a reasonable period.\n(4) The Commission shall in determining whether it is necessary to suspend or\ncancel a licence, consider the extent of loss or damage to persons likely to be affected by\nthe suspension or cancellation.\n(5) A licence which is not utilised within six months from the date of its\ngrant shall lapse.\nComplaint to the Minister\n32. (1) A person aggrieved by\na. a rejection or refusal of the Commission to grant or renew the licence of that\nperson ; or\nb. a modification, suspension or cancellation of a licence\nmay lodge a complaint in writing with the Minister who shall within thirty days of receipt\nof the complaint, make a decision on the complaint .\n(6) A person dissatisfied with the decision o f the Minister or with the failure of\nthe Minister to make a decision within thirty days as required under subsection (1), may\n13th August, 2025\n16\npursue the matter in accordance with any alternative dispute resolution process available\nor in the court.\nProduction of books of account and records\n33. The Commission, for the purpose of ensuring compliance with this Act may , by\nnotice in writing , direct a licensee to submit its accounts, records and other documents\nspecified in the notice for inspection by the Commission.\nQuality of Postal Service\n34. (1) The Commission may for the purpose of monitoring the quality of postal services", + "notice in writing , direct a licensee to submit its accounts, records and other documents\nspecified in the notice for inspection by the Commission.\nQuality of Postal Service\n34. (1) The Commission may for the purpose of monitoring the quality of postal services\nprovided by a licensee, appoint an independent consultant who shall by a written report make\nrecommendations to the Commission on measures to be taken to improve the quality of\nservices.\n(2) The Commission shall , in appointing an independent consultant under subsection\n(1), specify the type of postal services and licensee to be monitored.\nPostage Stamps and Postal Operations\nPostage stamp\n35. (1) Ghana Post has the sole right to issue postage stamps.\n(2) A postage stamp shall be used in respect of postal articles, for the prepayment\nof postage other sum chargeable under this Act, except where Ghana Post determines that\nprepayment may be made in some other form.\nPostal charges\n36. (1) Ghana Post shall publish at every post office in the country a notice showing the\ncharges and other conditions to provide postal services.\n(2) Increase in charges for reserved postal services provided by Ghana Post shall be\ndetermined by Ghana Post in accordance with guidelines given by the Commission.\nCopyright in stamps and other philatelic materials\n37. (1) Copyright in philatelic materials produced by Ghana Post belongs to the\nGovernment.\n(2) For the purpose of subsection (1), \"philatelic material s\" include\n(a) philatelic stamp;\n13th August, 2025\n17\n(b) artwork, proof, printed sheet and printing plate of philatelic stamp; and\n(c) date-stamp, slogan, dye and other artifact used in connection with the", + "(a) philatelic stamp;\n13th August, 2025\n17\n(b) artwork, proof, printed sheet and printing plate of philatelic stamp; and\n(c) date-stamp, slogan, dye and other artifact used in connection with the\nproduction of philatelic stamps.\nExemption from postal charges\n38. The Commission may, by notice published in the Gazette , exempt specified classes\nof persons from paying for postal services provided by Ghana Post.\nProhibition on sending certain articles by post or courier or logistics\n39. (1) A person shall not send by post\n(a) any explosive, inflammable, dangerous, filthy, noxious or deleterious\nsubstances;\n(b) any sharp instrument not properly protected;\n(c) any living creature which is either noxious or likely to damage other postal\narticles in the course of conveyance by post or injure a postal officer;\n(d) any indecent or pornographic printing, painting, photograph, lithograph,\nengraving, book, card or any other indecent pornographic article in whatever\nform;\n(e) any postal article that bears on the cover of it any words, marks or designs of\nan indecent, pornographic, scurrilous, threatening or grossly offensive\ncharacter;\n(f) opium, morphine, cocaine or any other narcotics;\n(g) a postal article that bears a fictitious postage or purports to be prepaid with a\npostage stamp whic h has been previously used to prepay another postal article;\n(h) any printing, painting, photograph, lithograph, book or card which may be\nprejudicial to public safety or to the peace and public order of any part of the\ncountry; or", + "postage stamp whic h has been previously used to prepay another postal article;\n(h) any printing, painting, photograph, lithograph, book or card which may be\nprejudicial to public safety or to the peace and public order of any part of the\ncountry; or\n(i) any other article prohibited for carriage in the interest of national security or\nInternational Air Traffic Association regulations or any other international\nrules of carriage.\n(2) Despite subsection (1), a person may send by courier, coins, bank notes, currency\nnotes, securities or cheques, platinum, gold or silver whether manufactured or not,\nprecious stones, jewels or other valuable articles.\nPower to detain and open prohibited articles\n40. Where a postal, courier or logistics service provider has reason to believe that a postal\n13th August, 2025\n18\narticle or courier or logistic package contains anything in contravention of section 39 the\nservice provider may detain the package and immediately report to the rel evant state agency\nsuch as the Ghana Police Service or Narcotics Control Commission for further investigation.\nPower to open postal articles suspected to contain dutiable goods\n41. (1) A postal or courier or a logistics service provider may detain a postal article\nreasonably suspected to contain goods in contravention of the customs legislation and the\nofficer of the postal or courier provider may open the article in the presence of the addressee\nor a person appointed ag ent of the addressee .\n(2) Where that person or the agent of that person after being duly notified fails or\nneglects to attend, the officer may open and examine the postal article.\n(3) A postal article that has been opened and examined under this section shall be", + "(2) Where that person or the agent of that person after being duly notified fails or\nneglects to attend, the officer may open and examine the postal article.\n(3) A postal article that has been opened and examined under this section shall be\ndelivered to the addressee unless the article is required for the purpose of proceedings under\nthis Act or any other enactment.\nOffences and Penalties\nUnlawfully taking away or opening mail bag sent by post\n42. (1) A person shall not\n(a) unlawfully take away or open a mail bag used for the transmission or\nconveyance of a postal article; or\n(b) unlawfully take out of a mail bag a postal article or any other article in the\ncourse of transmission or conveyance of that article by post .\n(2) A person who contravene s subsection (1) commits an offence and is liable\nsummary on conviction to a fine of not less than \u2026\u2026\u2026\u2026 and not more than five hundred\npenalty units or to a term of imprisonment for a term of not less than \u2026\u2026\u2026\u2026 and not\nmore than two y ears or , to both.\nUnlawful use of stamp or franking machine\n43. A person who with intent to defraud\n(a) removes from a postal article any postage stamp fixed to that postal article;\n(b) removes from a used stamp a mark made on that stamp at a post office:\n(c) uses a postage stamp which has been obliterated or defaced by a mark made on\nthe postage stamp as having been previously used to prepay any revenue, duty or\ntax on any postal article; or\n13th August, 2025\n19", + "(c) uses a postage stamp which has been obliterated or defaced by a mark made on\nthe postage stamp as having been previously used to prepay any revenue, duty or\ntax on any postal article; or\n13th August, 2025\n19\n(d) tampers with a franking machine or superscripts a postal article with a franking\nmachine which has been tampered with\ncommits an offence and is liable on summary conviction to a fine of not less than fifty\npenalty units and not more than two hundred and fifty penalty units or to term of\nimprisonment for not less than \u2026\u2026\u2026.. and not more than twelve months or to both.\nUnlawful interference with mail\n44. (1) A person shall not\n(a) interfere with any mail or postal article otherwise than in accordance with the\nprovisions of this Act or Regulations made under this Act ; or\n(b) fraudulently put, alter, remove or erase any official mark on a postal article\n(2) A person who contravenes subsection (1) commit s an offence and is liable on\nsummary conviction to a fine of not less than fifty penalty units and not more than two\nhundred and fifty penalty units or to a term of imprisonment of not less than \u2026\u2026..and not\nmore than twelve months or, to both.\nUnlawful entry into post office premises\n45. (1) A person shall not\n(a) without permission enter any premises used for the purpose of postal services\nprovided by Ghana Post and to which the public has no right of access, and\nrefuses or fails to leave the premises when asked to do so by a person employed\non the premises; or", + "(a) without permission enter any premises used for the purpose of postal services\nprovided by Ghana Post and to which the public has no right of access, and\nrefuses or fails to leave the premises when asked to do so by a person employed\non the premises; or\n(b) unlawfully obstruct or impede an employee of a license in the discharge of the\nduty of the employee in connection with postal services .\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of not less than fifty penalty units and not more than two\nhundred penalty units o r to a term of imprisonment of not less than\u2026\u2026\u2026. and not more\nthan twelve mont hs or, to both.\nFraudulent use of philatelic material\n46. (1) A person shall not\n(a) counterfeit any philatelic material;\n(b) use without authority, proof of which shall be on that person, a stamp designed for\nGhana Post; or\n(c) use a commemorative or definitive postage stamps for postage purpose after the\nstamp h as been demonetized or invalidated .\n13th August, 2025\n20\n(2) A person who contravenes subsection (1) commits an offence and is liable\non summary conviction to a fine of not less than\u2026 and not more than five hundred penalty\nunits or to a term of imprisonment of not less than\u2026\u2026. and not more than two years or , to\nboth.\nActs infringing on reserved rights\n47. A person who without lawful authority or excuse performs any of the reserved postal\nfunctions specified in the Schedule commits an offence and is liable on summary", + "both.\nActs infringing on reserved rights\n47. A person who without lawful authority or excuse performs any of the reserved postal\nfunctions specified in the Schedule commits an offence and is liable on summary\nconviction to a fine of not less than two hundred and fifty penalty units and not more than\none thousand penalty units or to a term of imprisonment of not less than \u2026\u2026\u2026\u2026.and not\nmore than three years or , to both.\nProhibition of false notice as to reception of letter and sale of stamps\n48. (1) A person shall not inscribe on any receptacle placed or maintained in any\npremises under the control of that person or on any premises\n(a) the words \"post office\" or \"letter box\" or\n(b) any other words, letter or marks which signify or may lead the public to\nbelieve that it is a post office or a post office letter box\nwithout the authority of Ghana Post.\n(2) A person shall not inscribe on any vehicle or vessel, any words, letters or\nmarks which signify or may reasonably lead any other person to believe that the vehicle or\nvessel is used for the conveyance of mails from a post office, except with the written\npermission of Ghana Post.\n(3) A person who contravenes subsection (1) or (2) commits an offence and is\nliable on summary conviction to a fine of not less than \u2026\u2026\u2026.. and not more than two\nhundred and fifty penalty units or to a term of imprisonment of not less than \u2026\u2026\u2026 and\nnot more than twelve months or , to both.\nDestruction or d amage to post office letterbox\n49. A person who destroys or damages any receptacle provided by Ghana Post for the", + "hundred and fifty penalty units or to a term of imprisonment of not less than \u2026\u2026\u2026 and\nnot more than twelve months or , to both.\nDestruction or d amage to post office letterbox\n49. A person who destroys or damages any receptacle provided by Ghana Post for the\nreception of postal articles or any notices on any receptacle, commits an offence and is\nliable on summary conviction to a fine of not less than fifty penalty units and not more than\ntwo hundred and fifty penalty units or to a term of imprisonment of not less than.. \u2026 and not\nmore than twelve months or , to both.\nEvasion of post office laws\n50. (1) A person shall not\n(a) fraudulently put into a post office anything in which or in the cover of which or\n13th August, 2025\n21\nupon which or upon the cover of which there is a letter, newspaper, any writing or\nmark or anything contrary to this Act;\n(b) make a false declaration of the contents of anything sent by post; or\n(c) fraudulently send by post anything which the person claims to be a thing that\nfalls within an exemption or privilege granted under this Act in respect of the\npostal article .\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of not less than 50 penalty units and not exceeding 250 penalty\nunits or to a term of imprisonment for term not less than\u2026\u2026\u2026..and not more than twelve\nmonths or , to both.\nRetaining mail bags or postal articles\n51. (1) A person shall not\n(a) fraudulently retain, control or destroy; or", + "units or to a term of imprisonment for term not less than\u2026\u2026\u2026..and not more than twelve\nmonths or , to both.\nRetaining mail bags or postal articles\n51. (1) A person shall not\n(a) fraudulently retain, control or destroy; or\n(b) neglect or refuse to deliver when requested to do so by an officer of Ghana Post\nany mail bag or postal article in the course of its transmission by post, with the apparent\nintention of not being delivered to the addressee .\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of not less than one hundred penalty units and not more than five\nhundred penalty units or to a term of imprisonment of not less than\u2026\u2026\u2026. and not more than\ntwo years or , to bot h.\nUnlawful disclosure of contents of postal article\n52. (1) Except for the purpose or returning a postal article to the sender, a person shall\nnot without authorisation in writing from Ghana Post, disclose or in any manner make\nknown to any person other than an officer of Ghana Post, the contents of a postal article .\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of not less than\u2026\u2026\u2026.. and not more than two hundred and\nfifty penalty units or to a term of imprisonment of not less than \u2026\u2026\u2026\u2026and not more\nthan twelve months or , to both.\nGeneral penalty\n53. A person who contravenes or fails to comply with a provision of this Act commits\nan offence and , where no penalty is expressly provided, shall on summary conviction be", + "than twelve months or , to both.\nGeneral penalty\n53. A person who contravenes or fails to comply with a provision of this Act commits\nan offence and , where no penalty is expressly provided, shall on summary conviction be\nliable to a fine of not less than \u2026\u2026\u2026\u2026penalty units and not more than two hundred and fifty\npenalty units or to a term of imprisonment of not less than \u2026\u2026\u2026\u2026and not more than twelve\nmonths or , to both.\n13th August, 2025\n22\nOffences committed by a body of persons\n54. (1) Where a body of persons is convicted of an offence under this Act,\n(a) in the case of a body corporate , every director or officer of that body corporate\nshall be deemed to have committed that offence; and\n(b) in the case of a partnership or a firm , every partner of the partnership or firm\nshall be deemed to have committed that offence .\n(2) A person shall not be deemed to have committed an offence under subsection\n(1) where the person\n(a) proves that the offence was committed by some other person without the\nknowledge or connivance of that person ; or\n(b) exercised diligence to prevent the commission of that act as the person ought\nto, having regard to the circumstances .\nMiscellaneous Provisions\nArticle addressed to deceased person\n55. A postal article addressed to a deceased person may be delivered to the executors or\nadministrators of the estates of the deceased person on presentation of probate or letters of\nadministration.\nSettlement of dispute\n56. (1) Any dispute between a customer and a licensee in which it is alleged that the licensee\n(a) has exercised undue discrimination in the provision of a postal service against", + "administrators of the estates of the deceased person on presentation of probate or letters of\nadministration.\nSettlement of dispute\n56. (1) Any dispute between a customer and a licensee in which it is alleged that the licensee\n(a) has exercised undue discrimination in the provision of a postal service against\nthe customer in respect of charges or terms applied or to be applied ;\n(b) has shown undue preference to any other person to the detriment of the\ncustomer; or\n(c) has applied or proposes to apply to the customer any charge related to\nprovision of a postal service which is not authorised under this Act\nmay be referred to the Commission by either party.\n(2) Where a dispute is referred to the Commission , the Commission or a person\nappointed by the Commission shall determine whether the allegation is well founded and\nwhere the allegation is well founded , the Commission or the person appointed by the\nCommission shall make the determination as considered appropriate together with a\nstatement of reasons for the determination made.\n(3) An act or omission of a licensee which is authorised by any condition\n13th August, 2025\n23\nincluded in the licence for the purpose of this section shall not be taken to constitute undue\ndiscrimination .\n(4) The Commission shall determine the procedure for determining a dispute\nunder this section.\nEstablishment of register\n57. (1) The Commission shall establish and keep a register in a form that the Commission\ndetermine s and shall record in the register\n(a) licences issued under this Act and the conditions for the licences :\n(b) licences suspended or cancelled; and\n(c) any other information relating to licences that the Commission considers\nappropriate.", + "determine s and shall record in the register\n(a) licences issued under this Act and the conditions for the licences :\n(b) licences suspended or cancelled; and\n(c) any other information relating to licences that the Commission considers\nappropriate.\n(2) Where it appears to the Commission that entry of any condition in the register\nwould be contrary to the public interest or the commercial interest of any person, the\nCommission shall not enter that condition in the register.\n(3) A person may on payment of a fee, obtain an extract from the register.\nInspectors\n58. (1)The Commission shall appoint inspectors for the effective and efficient\nimplementation of this Act.\n(2) An inspector\n(a) may, at all reasonable times and for purposes of this Act or Regulations\nmade under this Act, enter any premises; and\n(b) shall have access to all books, records, returns and any other documents\nrelevant for purposes of this Act or Regulations made under this Act .\n(3) The Commission shall issue an inspector an identity card.\n(4) The identity card shall include a recent photograph of the inspector and signed by\nthe Executive Secretary .\n(5) A person ceases to be an inspector where\n(a) the appointment of the person is revoked; and\n(b) the person resigns or retires from the Commission.\n(6) A person who ceases to be an inspector shall immediately return the identity card to\nthe Commission.\nDirections in the interest of national security and international relations\n59. (1) The Commission may, in consultation with the Minister , give to a licensee,\n13th August, 2025\n24\nspecific or general direction as the Commission considers necessary or expedient in the\ninterest of", + "the Commission.\nDirections in the interest of national security and international relations\n59. (1) The Commission may, in consultation with the Minister , give to a licensee,\n13th August, 2025\n24\nspecific or general direction as the Commission considers necessary or expedient in the\ninterest of\n(a) national security; or\n(b) the international relations with other countries.\n(2) The licensee shall give effect to any direction given by the Commission,\ndespite any other duty imposed on the licensee under this Act.\n(3) The Minister may , in consultation with the Minister responsible for Finance\nand with the approval of Parliament, compensate the licensee for loss sustained through\ncompliance with directions given under this section.\nRegulations\n60. The Minister , on the advice of the Commission , may by legislative instrument\nmake Regulations\n(a) to provide for the payment of compensation for loss or damage in the course of\ntransmission of postal articles including any limit to the amount paya ble;\n(b) to prohibit the transmission by post of articles not proscribed under section 38;\n(c) for the detention, disposal or destruction of postal articles the transmission of which\nis prohibited under this Act;\n(d) for the safe keeping pending further action of valuable or saleable enclosures found\nin postal articles lawfully opened under this Act;\n(e) prescribing the period within which undelivered postal articles shall be returned to the\nsender;\n(f) to provide for the publicat ion of a list of undelivered postal articles;\n(g) to amend the Schedule to this Act;\n(h) to provide for the manner in which undelivered postal articles shall be finally disposed\nof; and", + "sender;\n(f) to provide for the publicat ion of a list of undelivered postal articles;\n(g) to amend the Schedule to this Act;\n(h) to provide for the manner in which undelivered postal articles shall be finally disposed\nof; and\n(i) generally, for the effective and efficient implementation of this Act.\nInterpretation\n61. In this Act unless the context otherwise requires\n\"Commission\" means the Postal , Courier and Logistics Commission established under\nsection 1;\n\u201cperson \u201d refers to natural and artificial persons ;\n\"Ghana Post\" means the Ghana Post Company Limited registered under the Companies Act\n2019 (Act 992);\n13th August, 2025\n25\n\u201ccourier service\u201d means the receipt and delivery of correspondence, items of value or both for\nwhich no postage stamp is required ;\n\u201clogistics service \u201d means a service for the movement and delivery of goods ;\n\u201ccourier and logistics aggregators\u201d mean entities that facilitate courier and logistics services\nthrough independent third -party courier and logistics service providers and through a\ndigital platform.\n\u201celectronic commerce \u201d means the exchange of information or data or the sale or purchase of\ngoods or services between individuals, businesses, governments or public or private\norganizations, conducted over the world wide web (internet) using computer -mediate d\nnetworks such as desktop and laptop computers, tablets, smartphones and other smart\ndevices.\n\u201cpayment collection\u201d means the processing of payments from customers for goods delivered\nto the customers;\n\u201creverse logistics\u201d refers to the process of managi ng the return of a package after it has been\ndelivered to the customer.\n\"inspector\" means an inspector appointed for the Commission under section 58;\n\"letter\" means any communication in writing directed to a specified person or address ;", + "to the customers;\n\u201creverse logistics\u201d refers to the process of managi ng the return of a package after it has been\ndelivered to the customer.\n\"inspector\" means an inspector appointed for the Commission under section 58;\n\"letter\" means any communication in writing directed to a specified person or address ;\n\"licence \" means an authorisation granted by the Commission under sections 13 and 15 (2)\nof this Act for the provision of postal service;\n\"licen see\" means a person to whom a licence is granted under this Act;\n\"mail\" includes little articles collected for conveyance by post, loose articles and a mail\nbag or conveyance of any kind by which articles are carried whether or not the bag\nor conveyance contains postal articles;\n\"mail bag\" includes any container, bag, parcel, basket, envelope or other covering in which\npostal articles are conveyed whether or not it contains postal articles;\n\"Minister\" means the Minister responsible for Communications;\n\"money order\" means a money order issued by a licensee for payment;\n\"post\" means any system for the collection, despatch, or conveyance of postal\narticles ;\n\"post office\" includes \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n13th August, 2025\n26\n(a) a house, building, room, vehicle place or structure where postal articles are received,\nsorted, delivered, made up or dispatched or which is used for any other postal purpose\nin connection with the rendering of any postal money transfer or other services by\nGhana Post; and\n(b) a pillar box or any other receptacle provider by or under the authority of Ghana Post\nfor the reception of post al articles;", + "in connection with the rendering of any postal money transfer or other services by\nGhana Post; and\n(b) a pillar box or any other receptacle provider by or under the authority of Ghana Post\nfor the reception of post al articles;\n\"postage stamp\" includes a label or stamp for denoting postage or other sum payable in\nrespect of a postal article and which is an adhesive stamp, printed, impressed or\notherwise indicated on a postal article whether the stamp is issued under this Act or by\nthe government of any other country ; and\n\"postal article\" includes a letter, postcard, reply postcard, lettercard, newspaper, book,\npacket, printed paper, pattern or sample packet, small packet or parcel and every other\npacket article when in course of conveyance by post and includes a telegram when\nconveyed by post .\nRepeal and savings\n62. (1) The Postal and Courier Services Regulatory Commission Act, 2003 (Act 649) is\nrepealed.\n(2) Despite the repeal of Act 649 in subsection (1) , any Regulations,\nauthorisation , order, rule or instructions made or done under the repealed enactment and in\nforce immediately before the coming into force of this Act shall continue to have effect as\nif made or done under this Act until the Regulations , authorisation, ord er, rule or instruction\nis revoked, reviewed, cancelled or terminated .\n(3) A licence granted by Ghana Post which is in force prior to the coming into force\nof this Act is deemed to have been granted under this Act by the Commission.\nTransitional provisions\n63. (1) The assets, rights and liabilities of the Postal and Courier Services Regulatory\nCommission established under Act 649 and in force immediately before the coming into", + "of this Act is deemed to have been granted under this Act by the Commission.\nTransitional provisions\n63. (1) The assets, rights and liabilities of the Postal and Courier Services Regulatory\nCommission established under Act 649 and in force immediately before the coming into\nforce of this Act are transferred to the Postal, Courier and Logistics Commission\nestablished under this Act and accordingly proceedings taken by or against the Postal and\nCourier Services Regulatory Commission may be continued by or against the Postal,\nCourier and Logistics Commission established under this Act .\n(2) A contract subsisting between the Commission established under Act 649 and\nanother person and in effect immediately before the coming into force of this Act shall\nsubsist between the Commission established under this Act and that other person.\n(3) A person in the employment of the Commission established under Act 649\nimmediately before the coming into force of this Act shall, on the coming into force of this Act,\nbe deemed to have been duly employed by the Commission established under this Act on the\n13th August, 2025\n27\nterms and conditions which are not less favourable in aggregate to the terms and conditions\nattached to the post held by that person before the coming into force of this Act.\nSCHEDULE\nPOSTAL SERVICES EXCLUSIVE TO GHANA POST\n(Section 25,26 and 60)\n1. Sole authority to convey letters, postcards, printed matters, small parcels and other postal\narticles of a weight up to and including one hundred grams.\n2. Printing and selling of postage and commemorative stamps.\n3. Printing and selling of Postal Order and Money Order.\nSCHEDULE\nAPPLICATION FOR LICENCE\n(Section 22)\n1. Sole" +] \ No newline at end of file diff --git a/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/document.txt b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/document.txt new file mode 100644 index 0000000000000000000000000000000000000000..3f8de8bfce76d7ac5120cb3511ddf1f154617100 --- /dev/null +++ b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/document.txt @@ -0,0 +1,894 @@ +13th August, 2025 +1 +POSTAL , COURIER AND LOGISTICS COMMISSION BILL , 2025 +ARRANGEMENT OF SECTIONS +Section +Establishment of the Postal, Courier and Logistics Commission +1. Establishment of the Commission +2. Object of the Commission +3. Functions of the Commission +Governance of the Commission +4. Governing body of the Commission +5. Functions of the Board +6. Tenure of office of members of the Commission +7. Duties and liabilities of a member of the Board +8. Meetings of the Board +9. Disclosure of interest +10. Committees of the Board +11. Allowances of members +12. Policy directives +Administrative provisions +13. Executive Secretary +14. Appointment of other staff of the Commission +15. Internal Audit Unit +Financial Provisions +16. Funds of the Commission +17. Bank account +18. Accounts and audit +19. Annual report and other reports +Licensing and Regu lation of Postal, Courier and Logistics Services +20. Licence to provide postal, courier and logistics services +21. Qualification for licence +22. Application for licence +23. Grant of licence +24. Courier service +25. Designation of National Postal Service Provider +26. Reserved postal services +13th August, 2025 +2 +27. Contract to convey postal articles +28. Licence not transferable without written approval +29. Renewal of licence +30. Power to modify licence +31. Suspension or cancellation of licence +32. Complaint to the Minister +33. Production of books of account and records +34. Quality of postal service +Postage Stamps and Postal Operations +35. Postage stamps +36. Postage charges +37. Copyright in stamps and other philatelic materials +38. Exemption from postal charges +39. Prohibition on sending certain articles by post or courier or logistics +40. Power to detain and open prohibited articles +41. Power to open postal articles suspected to contain dutiable goods +Offences and Penalties +42. Unlawfully taking away or opening mail bag sent by post +43. Unlawful use of stamp or franking machine +44. Unlawful interference with mail +45. Unlawful e ntry into post office premises +46. Fraudulent use of philatelic material +47. Acts infringing on reserved rights +48. Prohibition of false notice as to reception of letter and sale of stamps +49. Destruction or damage to post office letterbox +50. Evasion of post office laws +51. Retaining mail bags or postal articles +52. Unlawful disclosure of contents of postal article +53. General penalty +54. Offences committed by a body of persons +Miscellaneous provisions +55. Article addressed to deceased person +56. Settlement of dispute +57. Establishment of register +58. Inspectors +59. Directions in the interest of national security and international relations +60. Regulations +13th August, 2025 +3 +61. Interpretation +62. Repeal and savings +63. Transitional provisions +13th August, 2025 +4 +POSTAL , COURIER AND LOGISTICS COMMISSION BILL , 2025 +A +BILL +ENTITLTED +POSTAL , COURIER AND LOGISTICS COMMISSION ACT , 2025 +AN ACT to establish the Postal , Courier and Logistics Commission as a regulatory body to +license and regulate the operation of post al, courier and logistics services; to enforce +international standards and practices among service providers and to designate a national +postal service provider and provide for related matters. +Establishment of the Postal, Courier and Logistics Commission +Establishment of the Commission +1. (1) There is established by this Act the Postal , Courier and Logistics Commission as a +body corporate . +(2) The Commission may for the performance of functions of the Commission, acquire +and hol d property, dispose of property and enter into a contract or any other related +transaction. +(3) Where there is a hinderance to the acquisition of land, the land may be acquired for +the Commission under the Land Act, 2020 (Act 1036) and the cost shall be borne by the +Commission. +13th August, 2025 +5 +Object of the Commission +2. The object of the Commission shall be to c reate an efficient system for the provision of +standardized postal, courier and logistics services in a manner responsive to the needs of +consumers particularly of persons with physical disability and persons living in underserved +and rural areas through the regulation of service providers. +Functions of the Commission +3. The functions of the Commission are to +(a) ensure as far as practicable the provision of postal, courier and logistics services +throughout the country to meet the demand for the services; +(b) ensure that providers of postal , courier and logistics services achieve the highest +level of efficiency in the provision of the services and are responsive to customer +and community needs; +(c) grant licences for the operation of postal , courier and logistics services ; +(d) regulate the issue of postage stamps including definitive, commemorative and +special issue postage stamps and any other philatelic items; +(e) provide guidelines on rates of postage and other fees chargeable in respect of postal +articles; +(f) designate quality standards of equipment for the provision of postal , courier and +logistics services where necessary; +(g) ensure that the needs of persons with disability are considered in the provision of +postal , courier and logistics services ; +(h) provide assistance to licensees, where practicable ; +(i) maintain a register of licensees; +(j) submit inputs for policy formulation to the Minister for consideration as may be +necessary ; +(k) ensure strict compliance with this Act and Regulations made under it; and +(l) perform any other functions assigned to the Commission under this Act or any other +enactment; or +(m) perform any other function incidental to the object of the Commission . +Governance of the Commission +Governing body of the Commission +4. (1) The governing body of the Commission is a Board consisting of +(a) a chairperson; +(b) one representative of the Ministry of Communication, Digital Technology +and Innovations not below the rank of a Director nominated by the Minister ; +(c) the Executive Secreta ry; and +13th August, 2025 +6 +(d) four persons with knowledge in matters relevant to the functions of the +Commission, at least two of whom are women nominated by …………….. . +(2) The President shall, in accordance with article 70 of the Constitution, appoint the +chairperson and other members of the Board. +Functions of the Board +5. The Board +(a) is responsible for the strategic direction and policies of the Commission; and +(b) shall +(i) oversee the sound and proper management of the resources of the +Commission; and +(ii) ensure the efficient and effective performance of the functions of the +Commission. +Tenure of office of members of the Commission +6. (1) A member of the Commission other than the Executive Secretary shall hold +office for a term of four years and is eligible for re -appointment for another term only . +(2) A member of the Board may, in writing addressed to the President, resign from +office . +(3) A member of the Board other than the Executive Secretary who is absent from +three consecutive meetings of the Commission without sufficient cause cease s to be a +member of the Commission. +(4) The President may, in writing addressed to a member , revoke the appointment +of the member for stated reasons. +(5) Where a member of the Board is for a sufficient reason unable to act as a +member, the Minister shall determine whether the inability would result in the declaration +of a vacancy. +(6) Where there is a vacancy +(a) under subsection (2), (3) or (4) or subsection (2) of section 9; +(b) as a result of a declaration under subsection (5); or +(c) by reason of the death of a member, +the Minister shall notify the President of the vacancy and the President shall appoint a nother +person to fill the vacancy for the unexpired term. +Duties and liabilities of a member of the Board +7. (1) A member of the Board has the same fiduciary relationship with the Commission +and the same duty to act with loyalty and in good faith as a director of the company +incorporated under the Companies Act, 2019 (Act 992). +(2) Without limiting subsection (1), a member of the B oard has a duty +13th August, 2025 +7 +(a) to act honestly and in the best interest of the Commission in the +performance of the functions of the member; +(b) to exercise the degree of care and diligence in the performance of the +functions of the member that a person in tha t position would reasonably +be expected to exercise in the circumstance; +(c) to avoid making improper use of information acquired by virtue of the +position of that member so as to benefit that member or to the detriment +of the Commission; and +(d) not to abuse the position of the office. +(3) A member of the Board shall, before assuming office, file with the Commission a +disclosure statement declaring all assets, business affiliations and details of past and recent +employment. +(4) A member of the B oard who contravenes subsection (1) or (2) commits an offence +and liable on summary conviction to a fine of not less than one hundred penalty units and not +more than two hundred and fifty penalty units. +(5) Where a court determines that the Commission has s uffered loss or damage as a +consequent of an act or omission of a member of the Board, the court may, in addition to +imposing a fine, order the person convicted to pay appropriate compensation to the +Commission. +Meetings of the Board +8. (1) The Board shall me et at least once every two months at a time and place determined +by the chairperson. +(2) The chairperson shall, at the request in writing of not less than one -third of the +membership of the Board, convene an extraordinary meeting of the Board at a time and place +determined by the chairperson. +(3) The chairperson shall preside at meetings of the Board and in the absence of the +chairperson , a member of the Board elected by the members present from among their number +shall preside. +(4) The quorum at a meeting of the Board is four members including the Executive +Secretary. +(5) Matters before the Board shall be decided by a majority of the members present and +voting and in the event of an equality of votes, the person presiding shall have a casting vote. +(6) The Board may co -opt a person to attend a meeting of the Board but that person +shall not vote on a matter for a decision at the meeting. +(7) The proceedings of the Board are not invalidated by reason of a vacancy among the +members of the Board or by a defect in the appointment or the disqualification of a member. +(8) Subject to this Act, the Board shall regulate the procedure for the meetings of the +Board . +13th August, 2025 +8 +Disclosure of interest +9. (1) A member of the Board who has an interest in a matter for considerati on by the +Board +(a) shall disclose in writing the nature of the interest and the disclosure shall form +part of the record of the consideration of the matter; and +(b) is disqualified from being present at or participating in the deliberation of the +Board in respect of that matter. +(2) A member ceases to be a member of the Board if that member has an interest in a +matter before the Board and +(a) fails to disclose that interest; and +(b) is present at or participates in the deliberations of the Board in respect of that +matter. +(3) Where a member contravenes subsection (1), the chairperson shall notify the +Minister who shall inform the President in writing to revoke the appointment of that member. +(4) Without limiting any further cause of action that may be instituted against the +member, the Board shall recover any benefit derived by a member who contravenes subsection +(1) in addition to the revocation of the appointment of the member. +Committees of the Board +10. (1) The Board may establish committees consisting of members of the Boar d or non - +members or both to perform a function of the Board. +(2) A committee composed of members and non -members shall be chaired by a member +of the Board. +(3) Section 9 applies to members of a committee of the Board. +Allowances of members +11. Member s of the Board or members of a committee of the Board shall be paid +allowances determined by the Minister in consultation with the Minister responsible for +Finance. +Policy directives +12. (1) The Minister may give directives in writing on matters of policy to the Board and +the Board shall comply. +(2) The directives shall be consistent with the object of this Act. +Administrative Provisions +13th August, 2025 +9 +Executive Secretary +13. (1) The President, shall in accordance with article 195 of the Constitution, appoint the +Executive Secretary for the Commission. +(2) The Executive Secretary shall hold office on the terms and conditions specified in +the letter of appointment. +(3) The Executive Secretary +(a) is responsible for the day -to-day administration of the Commission; and +(b) shall ensure the implem entation of the decisions of the Board. +(4) The Executive Secretary may delegate a function to an officer of the Commission +but shall not be relieved of the ultimate responsib ility for the performance of the delegated +function. +Appointment of other staff of the Commission +14. (1) The President shall, in accordance with article 195 of the Constitution, appoint +other staff that are necessary for the effective and efficient performance of the functions of +the Commission. +(2) The President may, in writing, delegat e the power of appointment in subsection +(1) to the Board. +(3) Other public officers may be transferred or seconded to the Commission or may +otherwise give assistance to the Commission. +(4) The Commission may, for the effective and efficient performance of the +functions of the Commission, engage the services of consultants or experts on the +recommendation of the Executive Secretary . +Internal Audit Unit +15. (1) The Commission shall have an Internal Audit Unit in accordance with section 83 of +the Public Financial Management Act, 2016 (Act 921). +(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be +appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). +(3) The Internal Auditor is responsible for the internal audit of the Commission . +(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), at intervals of three months +(a) prepare and su bmit to the Board , a report on the internal audit carried out during +the period of three months immediately preceding the preparation of the report; +and +(b) make recommendations in each report with respect to matters which appear to +the Internal Auditor as nec essary for the conduct of the affairs of the +Commission . +13th August, 2025 +10 +(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the +Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this +section to the Executive Secretary and the chairperson of the Board. +Financial Provisions +Funds of the Commission +16. (1) The source s of funds of the Commission are +(a) moneys approved by Parliament ; +(b) fees, and +(c) loans, grants and donations. +(2) The Commission may invest moneys not required for immediate use as the +Commission considers appropriate. +Bank account +17. Moneys for the Commission shall be paid into a bank account opened for the +purpose by the Commission with the approval of the Controller and Accountant -General. +Accounts and audit +18. (1) The Commission shall keep books, records , returns of account and other documents +in rel evant to the accounts in the form approved by the Auditor -General. +(2) The Board shall, at the end of each financial year, submit the accounts of the +Commission to the Auditor -General for audit. +(3) The Auditor -General shall, within six months after the end of the immediately +preceding financial year, audit the accounts of the Commission and submit the report to +Parliament and forward a copy each of the audit report to the Minister and the Board. +(4) The financial year of the Commission is the same as the financial year of +Government. +Annual report and other reports +19. (1) The Board shall, within thirty days after the receipt of the audit report, submit an +annual report to the Minister covering the activities and operations of the Commission for the +year to which the annual report relates. +(2) The annual report shall include the report of the Auditor -General. +(3) The Minister shall, within thirty days af ter the receipt of the annual report, submit +the report to Parliament with a statement that the Minister considers necessary. +13th August, 2025 +11 +(4) The Board shall submit to the Minister any other report which the Minister may +require in writing. +Licensing and Regulation of Postal, Courier and Logistics Services +Licence to provide postal, courier and logistic s services +20. (1) The Commission shall license the following persons or businesses: +(a) a private courier operator solely established to provide courier and logistics services; +(b) a public or private entity which engages in delivery services in the course of +business; +(c) an operator of an online shop or e-commerce platform that operate s courier or +logistics services; +(d) a courier and logistics aggregator ; +(e) a supermarket, shop, mall, restaurant, pharmac y, pharmaceutical compan y or other +commercial concern that operate s courier or logistics services as part of business +activit y; +(f) a public or private transport operator in Ghana engaged in delivery whether by land, +sea or air; +(g) a courier or logistics service operator ; and +(h) an individual engaged in courier or logistics services with the use of a vehicle, cycle, +motorcycle or tri -cycle . +(2) Despite subsection (1), the Ghana Post Company Limited shall operate without a +licence issued by the Commission. +(3) A person shall not establish, operate, facilitate, provide or offer postal, courier or +logistics services except under a license issued by the Commission under this Act. +(4) A person or business who contravenes subsection (3) commits an offence and is +liable on summary conviction to a fine of not less than two hundred and fifty penalty units and +not more than one thousand penalty units or to a term of imprisonment of not less than………. +and not more than three years or , to both. +(5) A person or business specified in paragraph (b), (c) or (d) of subsection (1) shall +not engage the services of a third party courier or logistic s operator that is not licensed by the +Commission. +(6) A person or business that contravene subsection (5) commits an offence and is liable +on summary conviction to a fine of not less than two hundred and fifty penalty units and not +more than one thousand penalty units or to a term of imprisonment of not less than +13th August, 2025 +12 +………..years and not more than thr ee years or , to both. +Qualification for licence +21. A licen ce to provide a postal, courier or logistic s service may be granted to +(a) a citizen of Ghana operating under a registered sole proprietorship under the +Registration of Business Names Act, 1962 (Act 151 ); +(b) a body corporate registered under the Companies Act, 2019 (Act 992); +(c) a partnership registered under the Incorporated Private Partnerships Act, 1962 (Act +152); +(d) an external company duly registered in Ghana ; +(e) a foreign franchise entity registered as a l ocal entity ; and +(f) an individual engaged in courier or logistics services who uses a vehicle, cycle, +motorcycle or tri -cycle . +Application for licence +22. (1) An application for a licence shall be +(a) made to the Commission on a form determined by the +Commission ; and +(b) accompanied with the prescribed fee and documents . +(2) The Commission shall +(a) within five working days of receipt of an application, acknowledge in writing +the receipt of the application ; and +(b) within sixty days after acknowledgment of receipt , inform the applicant in +writing of the decision of the Commission. +(3) The Commission shall in considering an application under this Act, require an +applicant to show proof of ability to provide the service to which the application relates. +Grant of licence +23. (1) The Commission may, subject to conditions that it may determine , grant a licence to +an applicant to provide a postal or courier service other than a reserved postal service. +(2) Without limiting subsection (1) a licence shall state the +(a) type of services to be provided; +(b) period of validity of the licence; and +(c) payment to the Commission +(i) of a fee for the grant of the licence ; or +(ii) of periodic payments during the existence of the licence or both. +Courier service +24. (1) A person shall not be licensed to provide a courier or logistics service unless the +person undertakes to +13th August, 2025 +13 +(a) develop and publish with t he approval of the Commission, standards by which +the courier or logistics operates; +(b) follow and trace items received or collected for de livery by th e business +undertaking of that person ; +(c) deliver items within the acceptable delivery time set by the person and approved by +the Commission ; +(d) put in place requisite technological and logistical infrastructure approved by the +Commission for +(i) prompt order fulfilment; +(ii) standard packaging and labeling; +(iii) real-time online tracking, monitoring and delivery confirmation; +(iv) bar code scanning; +(v) pricing of courier charges; +(vi) identifying prohibited items; +(vii) payment collection; +(viii) delivery of items within the acceptable delivery time set by each operator +and approved by the Commission; +(ix) operating within standards acceptable to the Commission; and +(x) reverse logistics and refund . +(2) Despite subsection (1), the Commission may exercise its sole discretion to grant +licenses to prospective courier or logistics operators that are small and medium enterprises or +start-up enterprises , irrespective of their inability to fulfil all the requirements herein from the +onset of their operations. +Designation of National Postal Service Provider +25. (1) The Ghana Post Company Limited referred to in this Act as "Ghana Post" is by +this Act designated as the national postal , courier and logistics service provider with the +exclusive right to provide the reserved postal , courier and logistics services specified in the +Schedule. +(2) The Commission shall upon the coming into force of this Act, accordingly grant +13th August, 2025 +14 +to Ghana Post as soon as practicable the exclusive licence for the provision of the reserved +postal services . +(3) Ghana Post shall have the exclusive use of the words "Post Office" . +(4) For the effective and efficient implementation of the reserved function, Ghana +Post may subject to such conditions as it may determine in writing, delegate the +performance of a function conferred on it under this Act to a person. +(5) Ghana Post may provide a hybrid of postal courier and logistic services and in the +case of courier and logistic s services, Ghana Post shall put in place the requisite technological +and logistical infrastructure specified in paragraph (d) of subsection (1) of section 24 of this +Act and approved by the Commission. +Reserved postal services +26. The function reserved for Ghana Post confers on it the exclusive power to convey +letters, post cards, printed matters, small parcels and other postal articles within the +requirements specified in paragraph 1 of the Schedule. +Contract to convey postal articles +27. Ghana Post may contract a person to convey a postal article by land, sea or air on its +behalf and on conditions that may be agreed upon between Ghana Post and the person +contracted. +Licence not transferable without written approval +28. A licence issued under this Act is not transferable except with the prior written +approval of the Commission. +Renewal of licence +29. (1) A licence may be renewed upon an application made to the Commission for +renewal of the licence, not later than three months before the expiration of the licence. +(2) The procedure for renewal of a licence shall be the same as that applicable to +the grant of the origina l licence . +(3) A licen see who fails to renew a licence or whose application for the renewal +is rejected by the Commission shall cease to provide the postal or courier service ninety +days after the expiration of the licence. +Power to modify licence +30. (1) The Commission may, subject to this Act , modify a licence if the Commission +considers that the modification is required in the public interest. +(2) A modification shall not be made unless the Commission has given at least sixty +working days’ notice in writing to the licensee +13th August, 2025 +15 +(a) stating that the Commission proposes to make modifications; and +(b) setting out the consequences of the modification. +(3) The Commission shall , before making a modification, consider the +representation or objection made to the Commission. +(4) A notice under subsection (2) shall be published in the Gazette and in a national +media. +(5) A copy of the notice shall be submitted to the licensee. +(6) The Commission may compensate the licensee for any expense incurred or +damage caused as a result of a modification to a licence made under subsection (1). +Suspension or cancellation of licence +31. (1) Where the Commission is satisfied that a licensee is not complying with or has +not complied with the conditions of the licence , the Commission may suspend or cancel the +licence. +(2) A suspension or cancellation shall not be made unless the Commission gives +the licensee a written notice specifying the cause of dissatisfaction of the Commission and +giving directions for rectification o f the breach and the action proposed to be taken by the +Commission in the event of non -compliance with the notice. +(3) The Commission shall not suspend or cancel a licence without first giving the +licensee an opportunity to be heard and to comply with the dire ctives of the Commission +if any, within a reasonable period. +(4) The Commission shall in determining whether it is necessary to suspend or +cancel a licence, consider the extent of loss or damage to persons likely to be affected by +the suspension or cancellation. +(5) A licence which is not utilised within six months from the date of its +grant shall lapse. +Complaint to the Minister +32. (1) A person aggrieved by +a. a rejection or refusal of the Commission to grant or renew the licence of that +person ; or +b. a modification, suspension or cancellation of a licence +may lodge a complaint in writing with the Minister who shall within thirty days of receipt +of the complaint, make a decision on the complaint . +(6) A person dissatisfied with the decision o f the Minister or with the failure of +the Minister to make a decision within thirty days as required under subsection (1), may +13th August, 2025 +16 +pursue the matter in accordance with any alternative dispute resolution process available +or in the court. +Production of books of account and records +33. The Commission, for the purpose of ensuring compliance with this Act may , by +notice in writing , direct a licensee to submit its accounts, records and other documents +specified in the notice for inspection by the Commission. +Quality of Postal Service +34. (1) The Commission may for the purpose of monitoring the quality of postal services +provided by a licensee, appoint an independent consultant who shall by a written report make +recommendations to the Commission on measures to be taken to improve the quality of +services. +(2) The Commission shall , in appointing an independent consultant under subsection +(1), specify the type of postal services and licensee to be monitored. +Postage Stamps and Postal Operations +Postage stamp +35. (1) Ghana Post has the sole right to issue postage stamps. +(2) A postage stamp shall be used in respect of postal articles, for the prepayment +of postage other sum chargeable under this Act, except where Ghana Post determines that +prepayment may be made in some other form. +Postal charges +36. (1) Ghana Post shall publish at every post office in the country a notice showing the +charges and other conditions to provide postal services. +(2) Increase in charges for reserved postal services provided by Ghana Post shall be +determined by Ghana Post in accordance with guidelines given by the Commission. +Copyright in stamps and other philatelic materials +37. (1) Copyright in philatelic materials produced by Ghana Post belongs to the +Government. +(2) For the purpose of subsection (1), "philatelic material s" include +(a) philatelic stamp; +13th August, 2025 +17 +(b) artwork, proof, printed sheet and printing plate of philatelic stamp; and +(c) date-stamp, slogan, dye and other artifact used in connection with the +production of philatelic stamps. +Exemption from postal charges +38. The Commission may, by notice published in the Gazette , exempt specified classes +of persons from paying for postal services provided by Ghana Post. +Prohibition on sending certain articles by post or courier or logistics +39. (1) A person shall not send by post +(a) any explosive, inflammable, dangerous, filthy, noxious or deleterious +substances; +(b) any sharp instrument not properly protected; +(c) any living creature which is either noxious or likely to damage other postal +articles in the course of conveyance by post or injure a postal officer; +(d) any indecent or pornographic printing, painting, photograph, lithograph, +engraving, book, card or any other indecent pornographic article in whatever +form; +(e) any postal article that bears on the cover of it any words, marks or designs of +an indecent, pornographic, scurrilous, threatening or grossly offensive +character; +(f) opium, morphine, cocaine or any other narcotics; +(g) a postal article that bears a fictitious postage or purports to be prepaid with a +postage stamp whic h has been previously used to prepay another postal article; +(h) any printing, painting, photograph, lithograph, book or card which may be +prejudicial to public safety or to the peace and public order of any part of the +country; or +(i) any other article prohibited for carriage in the interest of national security or +International Air Traffic Association regulations or any other international +rules of carriage. +(2) Despite subsection (1), a person may send by courier, coins, bank notes, currency +notes, securities or cheques, platinum, gold or silver whether manufactured or not, +precious stones, jewels or other valuable articles. +Power to detain and open prohibited articles +40. Where a postal, courier or logistics service provider has reason to believe that a postal +13th August, 2025 +18 +article or courier or logistic package contains anything in contravention of section 39 the +service provider may detain the package and immediately report to the rel evant state agency +such as the Ghana Police Service or Narcotics Control Commission for further investigation. +Power to open postal articles suspected to contain dutiable goods +41. (1) A postal or courier or a logistics service provider may detain a postal article +reasonably suspected to contain goods in contravention of the customs legislation and the +officer of the postal or courier provider may open the article in the presence of the addressee +or a person appointed ag ent of the addressee . +(2) Where that person or the agent of that person after being duly notified fails or +neglects to attend, the officer may open and examine the postal article. +(3) A postal article that has been opened and examined under this section shall be +delivered to the addressee unless the article is required for the purpose of proceedings under +this Act or any other enactment. +Offences and Penalties +Unlawfully taking away or opening mail bag sent by post +42. (1) A person shall not +(a) unlawfully take away or open a mail bag used for the transmission or +conveyance of a postal article; or +(b) unlawfully take out of a mail bag a postal article or any other article in the +course of transmission or conveyance of that article by post . +(2) A person who contravene s subsection (1) commits an offence and is liable +summary on conviction to a fine of not less than ………… and not more than five hundred +penalty units or to a term of imprisonment for a term of not less than ………… and not +more than two y ears or , to both. +Unlawful use of stamp or franking machine +43. A person who with intent to defraud +(a) removes from a postal article any postage stamp fixed to that postal article; +(b) removes from a used stamp a mark made on that stamp at a post office: +(c) uses a postage stamp which has been obliterated or defaced by a mark made on +the postage stamp as having been previously used to prepay any revenue, duty or +tax on any postal article; or +13th August, 2025 +19 +(d) tampers with a franking machine or superscripts a postal article with a franking +machine which has been tampered with +commits an offence and is liable on summary conviction to a fine of not less than fifty +penalty units and not more than two hundred and fifty penalty units or to term of +imprisonment for not less than ……….. and not more than twelve months or to both. +Unlawful interference with mail +44. (1) A person shall not +(a) interfere with any mail or postal article otherwise than in accordance with the +provisions of this Act or Regulations made under this Act ; or +(b) fraudulently put, alter, remove or erase any official mark on a postal article +(2) A person who contravenes subsection (1) commit s an offence and is liable on +summary conviction to a fine of not less than fifty penalty units and not more than two +hundred and fifty penalty units or to a term of imprisonment of not less than ……..and not +more than twelve months or, to both. +Unlawful entry into post office premises +45. (1) A person shall not +(a) without permission enter any premises used for the purpose of postal services +provided by Ghana Post and to which the public has no right of access, and +refuses or fails to leave the premises when asked to do so by a person employed +on the premises; or +(b) unlawfully obstruct or impede an employee of a license in the discharge of the +duty of the employee in connection with postal services . +(2) A person who contravenes subsection (1) commits an offence and is liable on +summary conviction to a fine of not less than fifty penalty units and not more than two +hundred penalty units o r to a term of imprisonment of not less than………. and not more +than twelve mont hs or, to both. +Fraudulent use of philatelic material +46. (1) A person shall not +(a) counterfeit any philatelic material; +(b) use without authority, proof of which shall be on that person, a stamp designed for +Ghana Post; or +(c) use a commemorative or definitive postage stamps for postage purpose after the +stamp h as been demonetized or invalidated . +13th August, 2025 +20 +(2) A person who contravenes subsection (1) commits an offence and is liable +on summary conviction to a fine of not less than… and not more than five hundred penalty +units or to a term of imprisonment of not less than……. and not more than two years or , to +both. +Acts infringing on reserved rights +47. A person who without lawful authority or excuse performs any of the reserved postal +functions specified in the Schedule commits an offence and is liable on summary +conviction to a fine of not less than two hundred and fifty penalty units and not more than +one thousand penalty units or to a term of imprisonment of not less than ………….and not +more than three years or , to both. +Prohibition of false notice as to reception of letter and sale of stamps +48. (1) A person shall not inscribe on any receptacle placed or maintained in any +premises under the control of that person or on any premises +(a) the words "post office" or "letter box" or +(b) any other words, letter or marks which signify or may lead the public to +believe that it is a post office or a post office letter box +without the authority of Ghana Post. +(2) A person shall not inscribe on any vehicle or vessel, any words, letters or +marks which signify or may reasonably lead any other person to believe that the vehicle or +vessel is used for the conveyance of mails from a post office, except with the written +permission of Ghana Post. +(3) A person who contravenes subsection (1) or (2) commits an offence and is +liable on summary conviction to a fine of not less than ……….. and not more than two +hundred and fifty penalty units or to a term of imprisonment of not less than ……… and +not more than twelve months or , to both. +Destruction or d amage to post office letterbox +49. A person who destroys or damages any receptacle provided by Ghana Post for the +reception of postal articles or any notices on any receptacle, commits an offence and is +liable on summary conviction to a fine of not less than fifty penalty units and not more than +two hundred and fifty penalty units or to a term of imprisonment of not less than.. … and not +more than twelve months or , to both. +Evasion of post office laws +50. (1) A person shall not +(a) fraudulently put into a post office anything in which or in the cover of which or +13th August, 2025 +21 +upon which or upon the cover of which there is a letter, newspaper, any writing or +mark or anything contrary to this Act; +(b) make a false declaration of the contents of anything sent by post; or +(c) fraudulently send by post anything which the person claims to be a thing that +falls within an exemption or privilege granted under this Act in respect of the +postal article . +(2) A person who contravenes subsection (1) commits an offence and is liable on +summary conviction to a fine of not less than 50 penalty units and not exceeding 250 penalty +units or to a term of imprisonment for term not less than………..and not more than twelve +months or , to both. +Retaining mail bags or postal articles +51. (1) A person shall not +(a) fraudulently retain, control or destroy; or +(b) neglect or refuse to deliver when requested to do so by an officer of Ghana Post +any mail bag or postal article in the course of its transmission by post, with the apparent +intention of not being delivered to the addressee . +(2) A person who contravenes subsection (1) commits an offence and is liable on +summary conviction to a fine of not less than one hundred penalty units and not more than five +hundred penalty units or to a term of imprisonment of not less than………. and not more than +two years or , to bot h. +Unlawful disclosure of contents of postal article +52. (1) Except for the purpose or returning a postal article to the sender, a person shall +not without authorisation in writing from Ghana Post, disclose or in any manner make +known to any person other than an officer of Ghana Post, the contents of a postal article . +(2) A person who contravenes subsection (1) commits an offence and is liable on +summary conviction to a fine of not less than……….. and not more than two hundred and +fifty penalty units or to a term of imprisonment of not less than …………and not more +than twelve months or , to both. +General penalty +53. A person who contravenes or fails to comply with a provision of this Act commits +an offence and , where no penalty is expressly provided, shall on summary conviction be +liable to a fine of not less than …………penalty units and not more than two hundred and fifty +penalty units or to a term of imprisonment of not less than …………and not more than twelve +months or , to both. +13th August, 2025 +22 +Offences committed by a body of persons +54. (1) Where a body of persons is convicted of an offence under this Act, +(a) in the case of a body corporate , every director or officer of that body corporate +shall be deemed to have committed that offence; and +(b) in the case of a partnership or a firm , every partner of the partnership or firm +shall be deemed to have committed that offence . +(2) A person shall not be deemed to have committed an offence under subsection +(1) where the person +(a) proves that the offence was committed by some other person without the +knowledge or connivance of that person ; or +(b) exercised diligence to prevent the commission of that act as the person ought +to, having regard to the circumstances . +Miscellaneous Provisions +Article addressed to deceased person +55. A postal article addressed to a deceased person may be delivered to the executors or +administrators of the estates of the deceased person on presentation of probate or letters of +administration. +Settlement of dispute +56. (1) Any dispute between a customer and a licensee in which it is alleged that the licensee +(a) has exercised undue discrimination in the provision of a postal service against +the customer in respect of charges or terms applied or to be applied ; +(b) has shown undue preference to any other person to the detriment of the +customer; or +(c) has applied or proposes to apply to the customer any charge related to +provision of a postal service which is not authorised under this Act +may be referred to the Commission by either party. +(2) Where a dispute is referred to the Commission , the Commission or a person +appointed by the Commission shall determine whether the allegation is well founded and +where the allegation is well founded , the Commission or the person appointed by the +Commission shall make the determination as considered appropriate together with a +statement of reasons for the determination made. +(3) An act or omission of a licensee which is authorised by any condition +13th August, 2025 +23 +included in the licence for the purpose of this section shall not be taken to constitute undue +discrimination . +(4) The Commission shall determine the procedure for determining a dispute +under this section. +Establishment of register +57. (1) The Commission shall establish and keep a register in a form that the Commission +determine s and shall record in the register +(a) licences issued under this Act and the conditions for the licences : +(b) licences suspended or cancelled; and +(c) any other information relating to licences that the Commission considers +appropriate. +(2) Where it appears to the Commission that entry of any condition in the register +would be contrary to the public interest or the commercial interest of any person, the +Commission shall not enter that condition in the register. +(3) A person may on payment of a fee, obtain an extract from the register. +Inspectors +58. (1)The Commission shall appoint inspectors for the effective and efficient +implementation of this Act. +(2) An inspector +(a) may, at all reasonable times and for purposes of this Act or Regulations +made under this Act, enter any premises; and +(b) shall have access to all books, records, returns and any other documents +relevant for purposes of this Act or Regulations made under this Act . +(3) The Commission shall issue an inspector an identity card. +(4) The identity card shall include a recent photograph of the inspector and signed by +the Executive Secretary . +(5) A person ceases to be an inspector where +(a) the appointment of the person is revoked; and +(b) the person resigns or retires from the Commission. +(6) A person who ceases to be an inspector shall immediately return the identity card to +the Commission. +Directions in the interest of national security and international relations +59. (1) The Commission may, in consultation with the Minister , give to a licensee, +13th August, 2025 +24 +specific or general direction as the Commission considers necessary or expedient in the +interest of +(a) national security; or +(b) the international relations with other countries. +(2) The licensee shall give effect to any direction given by the Commission, +despite any other duty imposed on the licensee under this Act. +(3) The Minister may , in consultation with the Minister responsible for Finance +and with the approval of Parliament, compensate the licensee for loss sustained through +compliance with directions given under this section. +Regulations +60. The Minister , on the advice of the Commission , may by legislative instrument +make Regulations +(a) to provide for the payment of compensation for loss or damage in the course of +transmission of postal articles including any limit to the amount paya ble; +(b) to prohibit the transmission by post of articles not proscribed under section 38; +(c) for the detention, disposal or destruction of postal articles the transmission of which +is prohibited under this Act; +(d) for the safe keeping pending further action of valuable or saleable enclosures found +in postal articles lawfully opened under this Act; +(e) prescribing the period within which undelivered postal articles shall be returned to the +sender; +(f) to provide for the publicat ion of a list of undelivered postal articles; +(g) to amend the Schedule to this Act; +(h) to provide for the manner in which undelivered postal articles shall be finally disposed +of; and +(i) generally, for the effective and efficient implementation of this Act. +Interpretation +61. In this Act unless the context otherwise requires +"Commission" means the Postal , Courier and Logistics Commission established under +section 1; +“person ” refers to natural and artificial persons ; +"Ghana Post" means the Ghana Post Company Limited registered under the Companies Act +2019 (Act 992); +13th August, 2025 +25 +“courier service” means the receipt and delivery of correspondence, items of value or both for +which no postage stamp is required ; +“logistics service ” means a service for the movement and delivery of goods ; +“courier and logistics aggregators” mean entities that facilitate courier and logistics services +through independent third -party courier and logistics service providers and through a +digital platform. +“electronic commerce ” means the exchange of information or data or the sale or purchase of +goods or services between individuals, businesses, governments or public or private +organizations, conducted over the world wide web (internet) using computer -mediate d +networks such as desktop and laptop computers, tablets, smartphones and other smart +devices. +“payment collection” means the processing of payments from customers for goods delivered +to the customers; +“reverse logistics” refers to the process of managi ng the return of a package after it has been +delivered to the customer. +"inspector" means an inspector appointed for the Commission under section 58; +"letter" means any communication in writing directed to a specified person or address ; +"licence " means an authorisation granted by the Commission under sections 13 and 15 (2) +of this Act for the provision of postal service; +"licen see" means a person to whom a licence is granted under this Act; +"mail" includes little articles collected for conveyance by post, loose articles and a mail +bag or conveyance of any kind by which articles are carried whether or not the bag +or conveyance contains postal articles; +"mail bag" includes any container, bag, parcel, basket, envelope or other covering in which +postal articles are conveyed whether or not it contains postal articles; +"Minister" means the Minister responsible for Communications; +"money order" means a money order issued by a licensee for payment; +"post" means any system for the collection, despatch, or conveyance of postal +articles ; +"post office" includes ……………………………………… +13th August, 2025 +26 +(a) a house, building, room, vehicle place or structure where postal articles are received, +sorted, delivered, made up or dispatched or which is used for any other postal purpose +in connection with the rendering of any postal money transfer or other services by +Ghana Post; and +(b) a pillar box or any other receptacle provider by or under the authority of Ghana Post +for the reception of post al articles; +"postage stamp" includes a label or stamp for denoting postage or other sum payable in +respect of a postal article and which is an adhesive stamp, printed, impressed or +otherwise indicated on a postal article whether the stamp is issued under this Act or by +the government of any other country ; and +"postal article" includes a letter, postcard, reply postcard, lettercard, newspaper, book, +packet, printed paper, pattern or sample packet, small packet or parcel and every other +packet article when in course of conveyance by post and includes a telegram when +conveyed by post . +Repeal and savings +62. (1) The Postal and Courier Services Regulatory Commission Act, 2003 (Act 649) is +repealed. +(2) Despite the repeal of Act 649 in subsection (1) , any Regulations, +authorisation , order, rule or instructions made or done under the repealed enactment and in +force immediately before the coming into force of this Act shall continue to have effect as +if made or done under this Act until the Regulations , authorisation, ord er, rule or instruction +is revoked, reviewed, cancelled or terminated . +(3) A licence granted by Ghana Post which is in force prior to the coming into force +of this Act is deemed to have been granted under this Act by the Commission. +Transitional provisions +63. (1) The assets, rights and liabilities of the Postal and Courier Services Regulatory +Commission established under Act 649 and in force immediately before the coming into +force of this Act are transferred to the Postal, Courier and Logistics Commission +established under this Act and accordingly proceedings taken by or against the Postal and +Courier Services Regulatory Commission may be continued by or against the Postal, +Courier and Logistics Commission established under this Act . +(2) A contract subsisting between the Commission established under Act 649 and +another person and in effect immediately before the coming into force of this Act shall +subsist between the Commission established under this Act and that other person. +(3) A person in the employment of the Commission established under Act 649 +immediately before the coming into force of this Act shall, on the coming into force of this Act, +be deemed to have been duly employed by the Commission established under this Act on the +13th August, 2025 +27 +terms and conditions which are not less favourable in aggregate to the terms and conditions +attached to the post held by that person before the coming into force of this Act. +SCHEDULE +POSTAL SERVICES EXCLUSIVE TO GHANA POST +(Section 25,26 and 60) +1. Sole authority to convey letters, postcards, printed matters, small parcels and other postal +articles of a weight up to and including one hundred grams. +2. Printing and selling of postage and commemorative stamps. +3. Printing and selling of Postal Order and Money Order. +SCHEDULE +APPLICATION FOR LICENCE +(Section 22) +1. Sole \ No newline at end of file diff --git a/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/metadata.json b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..f3ed3146aa5f0573d46d8e01f0af6fd67a0caa0b --- /dev/null +++ b/assets/example_bills/postal-courier-and-logistics-commission-bill-2025/metadata.json @@ -0,0 +1,10 @@ +{ + "generated_at": "2026-06-09T20:19:15.559410+00:00", + "provider": "qwen", + "model": "Qwen/Qwen3-14B:cheapest", + "source_url": "https://moc.gov.gh/wp-content/uploads/2023/03/POSTAL-COURIER-LOGISTICS-COMMISSION-BILL.pdf", + "document_hash": "43e229099b5fa7424ae5ae6c60d3f6b84338d3b3b47d3c30e7a2348345c18f5b", + "chunk_size": 350, + "chunk_overlap": 60, + "embedding_model": "sentence-transformers/all-MiniLM-L6-v2" +} \ No newline at end of file diff --git a/scripts/generate_precomputed_examples.py b/scripts/generate_precomputed_examples.py new file mode 100644 index 0000000000000000000000000000000000000000..1eae6e24f864d7e0426d8bcd687acf2fd5b0fe24 --- /dev/null +++ b/scripts/generate_precomputed_examples.py @@ -0,0 +1,145 @@ +"""Generate bundled precomputed assets for example bills.""" + +from __future__ import annotations + +import argparse +import json +import sys +from datetime import datetime, UTC +from pathlib import Path + +PROJECT_ROOT = Path(__file__).resolve().parents[1] +if str(PROJECT_ROOT) not in sys.path: + sys.path.insert(0, str(PROJECT_ROOT)) + +from config import ( + DEFAULT_CHUNK_OVERLAP, + DEFAULT_CHUNK_SIZE, + DEFAULT_EMBEDDING_MODEL, + DEFAULT_PROVIDER, + DEFAULT_QWEN_MODEL, +) +from services.example_bills import EXAMPLE_BILL_MANIFEST_PATH, ExampleBill, load_example_bills +from services.ingest import fetch_url_content +from services.precomputed_assets import write_precomputed_asset +from services.providers import get_default_api_key, instantiate_client +from services.rag_pipeline import ( + build_vector_store, + document_hash_for_text, + generate_analysis_once, + save_vector_store, + split_into_chunks, +) + + +def _parse_args() -> argparse.Namespace: + parser = argparse.ArgumentParser(description=__doc__) + parser.add_argument( + "--bill-id", + action="append", + dest="bill_ids", + help="Limit generation to one or more example bill ids.", + ) + parser.add_argument( + "--force", + action="store_true", + help="Regenerate even when a bill already has bundled assets.", + ) + parser.add_argument( + "--fetch-timeout", + type=int, + default=120, + help="HTTP timeout in seconds when downloading source bills.", + ) + return parser.parse_args() + + +def _load_manifest() -> list[dict[str, object]]: + return json.loads(EXAMPLE_BILL_MANIFEST_PATH.read_text(encoding="utf-8")) + + +def _write_manifest(items: list[dict[str, object]]) -> None: + EXAMPLE_BILL_MANIFEST_PATH.write_text(json.dumps(items, indent=2) + "\n", encoding="utf-8") + + +def _has_complete_assets(bill: ExampleBill) -> bool: + return ( + bill.analysis_path.exists() + and bill.document_path.exists() + and bill.chunks_path.exists() + and bill.metadata_path.exists() + and bill.vector_store_dir.exists() + ) + + +def _metadata(document_hash: str, source_url: str) -> dict[str, object]: + return { + "generated_at": datetime.now(UTC).isoformat(), + "provider": DEFAULT_PROVIDER, + "model": DEFAULT_QWEN_MODEL, + "source_url": source_url, + "document_hash": document_hash, + "chunk_size": DEFAULT_CHUNK_SIZE, + "chunk_overlap": DEFAULT_CHUNK_OVERLAP, + "embedding_model": DEFAULT_EMBEDDING_MODEL, + } + + +def main() -> int: + args = _parse_args() + manifest_items = _load_manifest() + manifest_by_id = {str(item["id"]): item for item in manifest_items} + all_bills = load_example_bills() + selected = [bill for bill in all_bills if not args.bill_ids or bill.id in set(args.bill_ids)] + + if args.bill_ids: + missing = sorted(set(args.bill_ids) - {bill.id for bill in selected}) + if missing: + raise SystemExit(f"Unknown bill ids: {', '.join(missing)}") + + api_key = get_default_api_key(DEFAULT_PROVIDER) + if not api_key: + raise SystemExit("HF_TOKEN is required to generate precomputed example analysis.") + provider_client = instantiate_client(DEFAULT_PROVIDER, api_key) + + failures: list[tuple[str, str]] = [] + for bill in selected: + if _has_complete_assets(bill) and not args.force: + print(f"Skipping {bill.id}: bundled assets already exist.") + continue + + try: + print(f"Generating assets for {bill.id}...") + document_text = fetch_url_content(bill.source_url, timeout_seconds=args.fetch_timeout) + chunks = split_into_chunks(document_text) + analysis = generate_analysis_once(provider_client, document_text) + vector_store = build_vector_store(chunks) + save_vector_store(vector_store, bill.vector_store_dir) + + document_hash = document_hash_for_text(document_text) + write_precomputed_asset( + bill, + analysis_payload=analysis.model_dump(mode="json"), + document_text=document_text, + chunks=chunks, + metadata=_metadata(document_hash, bill.source_url), + ) + + manifest_entry = manifest_by_id[bill.id] + manifest_entry["document_hash"] = document_hash + print(f"Finished {bill.id}.") + except Exception as exc: # noqa: BLE001 + failures.append((bill.id, str(exc))) + print(f"Failed {bill.id}: {exc}") + + _write_manifest(manifest_items) + if failures: + print("\nFailures:") + for bill_id, message in failures: + print(f"- {bill_id}: {message}") + return 1 + return 0 + + +if __name__ == "__main__": + raise SystemExit(main()) diff --git a/services/ingest.py b/services/ingest.py index 8daf31ce6e7d46d4e351054a381505666c6a1a25..b1f6b1da1958a8ee712ddbae82befcb4377de581 100644 --- a/services/ingest.py +++ b/services/ingest.py @@ -77,8 +77,8 @@ def ingest_file(filename: str, file_bytes: bytes) -> str: return extract_text_from_text(file_bytes) -def fetch_url_content(url: str) -> str: - response = requests.get(url, timeout=TIMEOUT_SECONDS) +def fetch_url_content(url: str, timeout_seconds: int = TIMEOUT_SECONDS) -> str: + response = requests.get(url, timeout=timeout_seconds) response.raise_for_status() content_type = (response.headers.get("content-type") or "").lower() path = urlparse(url).path.lower()