Ghana’s Vodafone Ghana has in recent times admitted giving the personal information of
Its over 10 million subscribers to Kelni GVG. T.
These Personal information includes (but not limited to) subscribers’ names, mobile phone numbers, call
records, call locations and addresses, and mobile money transaction details.
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The admission came out at the hearing of a case that was brought by a private legal practitioner,
Mr Francis Kwateng Arthur to challenge the constitutionality of the President’s Executive instrument No. 63 (EI 63).
The President issued EI 63 which asked all telecommunication companies to forward all subscribers’
personal information to him for COVID-19 contact-tracing purposes.
According to EI 63, the personal information is to help “trace all contacts of persons suspected or actually affected by a public health
emergency and identify the places visited by persons suspected of or actually affected by a public health
emergency”.
However, the lawyers for Mr. Francis Arthur have argued in their written address to the Human Rights
Court that “the said the EI 63 per se, the President’s directive in it and their implementation by the
Respondents have violated, are violating or are likely to violate my fundamental human rights to
administrative justice, privacy; and equality or non-discrimination.”
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The Acting CEO of Kelni GVG, Ms Rouba Habboushi, has since denied ever making a request for the
personal details from Vodafone or any other telecommunication company. Kelni GVG “has made no
such demand on the 1st and 2nd Respondent or any other communication network operator or service
provider”, she deposed in her Affidavit to the Court.
The National Communication Authority, the regulatory agency charged with the mandate to supervise
the implementation of EI 63 and which is a defendant in the suit, has failed to file a defence in the
matter.
The trial judge, Mr. Justice Stephen Oppong, has fixed 23rd June 2020 for his ruling on Mr. Francis
Kwarteng’s application for an order of interlocutory injunction.
Mr Justice Oppong was appointed by the President earlier this year. The case was transferred from the
Human Rights Court division to him in the General Jurisdiction division of the High Court.
Source: Muntalla Inusah