By Francis

Copyright thebftonline

By Jeffrey VAVA

Though Ghana has had tech-related laws in place for well over a decade, many citizens and even businesses remain unaware of their scope until they find themselves caught in legal dilemmas.

From data privacy breaches to digital fraud, it often takes a crisis for individuals to discover the legal boundaries of Ghana’s digital space. Yet, as the saying goes, “ignorance of the law is no excuse.” As Ghana continues to embrace digital innovation in finance, education, health, and governance the intersection between technology and the law has become a critical frontier.

This article delves into the hidden legal landscape of Ghana’s digital economy, exploring existing regulations, the challenges in awareness and enforcement, and how the nation can better balance innovation with legal accountability.

Technology is evolving rapidly, and Ghana’s legal system has not been left behind. Laws regulating digital tools and platforms have existed for years, but many individuals and institutions remain unaware of them.

Often, people only realize the law’s presence when they’ve already crossed a line. The legal implications tied to daily tech use are numerous and yet remain invisible to many. Installing a CCTV camera, flying a drone, sending promotional messages, or simply sharing content on social media can all carry legal consequences, depending on how they’re done.

Take, for instance, the widespread use of CCTV cameras. Today, many shop owners and homeowners install surveillance systems equipped with audio recording features. What they may not realize is that these devices collect personal data, facial images and voice recordings which places them under the scope of Ghana’s Data Protection Act.

This law mandates that individuals and organizations collecting such data must register with the Data Protection Commission, notify those being recorded through clear signage, and secure the data to prevent breaches. Failure to meet these obligations can lead to hefty penalties. Many fall into this trap unknowingly, but that doesn’t remove the liability.

Drone usage is another area riddled with legal risks. Drones may seem like harmless gadgets for photography or leisure, but they are classified as aircraft under Ghanaian law. This means users must obtain permits from the Ghana Civil Aviation Authority before operating them, especially in urban areas or near sensitive installations.

Flying drones without authorization or in restricted airspace can result in confiscation, fines, or even prosecution. Drones are not toys under Ghanaian law. The Ghana Civil Aviation Authority (GCAA) treats drones as aircraft subject to airspace regulations.

Flying above 400 ft, near airports, or without a commercial permit violates aviation rules and can result in confiscation or legal action. Unfortunately, many enthusiasts only discover these rules after being confronted by law enforcement.

Hidden GPS trackers and call-logging apps often slip under the radar but are illegal. Section 31(1) of the Cybersecurity Act, 2020 (Act 1038) prohibits unauthorized acquisition or disclosure of another person’s geolocation or communication data, punishable by up to five years in prison and heavy fines

Social media, widely seen as an informal space, also has legal boundaries that are commonly crossed. Posting screenshots of private conversations, sharing photos or videos without consent, or falsely accusing others online can breach data protection laws and defamation statutes.

What may start as a heated exchange or a viral joke can quickly become a legal matter. Even creating parody accounts or using someone else’s name or likeness without permission could be considered identity fraud under Ghana’s cybercrime legislation.

There are also hidden risks in the use of messaging platforms for marketing. Small businesses frequently send mass WhatsApp messages or unsolicited SMS advertisements to promote goods and services. Many small businesses text or WhatsApp promotions without explicit consent.

Under the Electronic Transactions Act, 2008 (Act 772) and the Unsolicited Electronic Communications Code issued by the National Communications Authority, unsolicited marketing without opt-in or clear opt-out can result in fines of up to GHS 60,000 per incident However, under Ghana’s Electronic Communications Act, sending unsolicited messages without recipients’ prior consent is illegal.

Businesses must give users a way to opt in and opt out a rule many overlook. Similarly, storing customer data on platforms like Google Drive, Dropbox, or AWS may violate privacy regulations if data residency and protection standards aren’t clearly communicated or adhered to.

Even in procurement and sale of tech gadgets, there are legal loopholes that unsuspecting buyers fall into. People import or purchase surveillance gadgets like hidden cameras or listening devices, unaware that selling or using such items can breach privacy and surveillance laws.

For example, mounting a CCTV system with audio capabilities in a shared space without notice could open the user to lawsuits or sanctions. Biometric devices like fingerprint scanners used in schools or offices also raise legal concerns if consent is not explicitly obtained from those being scanned.

The reality is that most of these laws aren’t obscure, they are publicly available. The real challenge lies in the lack of awareness and enforcement. For the average citizen or small business, understanding data protection, digital consent, or legal compliance for tech use can feel like navigating a legal minefield.

The laws are often written in complex language, and the cost or difficulty of registration or compliance pushes many to ignore the process altogether. Moreover, enforcement has historically been weak, reinforcing a false sense of security until something goes wrong.

However, awareness and education can bridge this gap. Schools, businesses, and digital platforms should take steps to learn the basics of data and tech-related laws. Any individual or institution handling customer information, including names, photos, or contact details, should study the Data Protection Act and consider registration.

Those installing surveillance or tracking devices should always ask: are people being informed and have they consented? Are there measures in place to secure the data collected?

Social media users must also rethink their habits. Before posting that image, voice note, or private message, consider whether it violates another person’s rights. Avoid making unverified claims, impersonating others, or launching giveaways without understanding the legal requirements, including licenses from the National Lottery Authority.

Ghana’s digital future holds immense promise, but that promise comes with responsibility. The hidden legal traps in tech use from casual posts to commercial surveillance can no longer be ignored. It’s time for individuals, businesses, and regulators alike to come together in raising awareness, simplifying compliance, and fostering a tech space that thrives within legal boundaries. The law is not just for lawyers; it’s a tool for protecting innovation, rights, and trust in our digital society.

Why These Laws Matter

These legal risks are not speculative, they are enforceable. The Data Protection Commission (DPC) has begun audits and penalties for unregistered data controllers. The Cybersecurity Authority has powers to intercept devices, block illicit content, and levy sanctions. Courts take defamation and fraud seriously, even in digital spaces.

What You Can Do Today

Educate yourself and your staff about data and tech regulations. Register with the DPC if you collect personal data of staff or customers. Avoid using hidden surveillance without notice/consent. Fly drones responsibly with permits. Ensure promotions get opt-in permissions.

If you store data overseas, state it plainly and seek consent. And always think twice before posting anything online. Checking even one key question “Am I collecting someone’s data, and have I informed them?” can keep you far out of trouble.

Ghana’s digital future is bright, but its foundation must be built on accountability and awareness. These laws are not hidden in the dark; they’re just not part of everyday conversation. But they are the guardrails that protect innovation, privacy, and trust.

Remember, ignorance of the law is no excuse.

Jeffrey | Cybersecurity Analyst, Eprocess International | Tutor and Member of IIPGH.
For comments, contact email Jvava911@gmail.com