GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
Therefore, where it is necessary to process the data, the following rules would apply: • rules on obtaining consent before obtaining or processing personal information; • rules that data should only be collected and used for a specific and legitimate purposes, and • rules ensuring the security of data collected from unauthorised access/use. In addition, the 1992 Constitution of Ghana (Constitu - tion) recognises and protects the right to privacy of its citizens. Article 18 (2) of the Constitution provides for the privacy of individuals and prohibits interfer - ence with such except in accordance with the law and for public safety, economic wellbeing, health or moral reasons, and for the prevention of crime and/or protection of others. It is important to note that Section 43 of Act 843 pro - vides that an individual who suffers damage or dis - tress through the contravention of the requirements of the Act by a data controller is entitled to compensation from said data controller for the damage or distress. Where the personal information of a child is processed without complying with the provisions of Act 843, a fine of not more than 250 penalty units or a prison term of two years, or both, will apply for persons found lia - ble for engaging in such processing of personal data. The AAG Code provides that children shall not be used as models for all forms of advertisement of alco - holic beverages. 6.6 Other Rules There are no other important privacy rules related to advertising. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests The Gaming Act 2006 (Act 721) established the GC, which regulates, controls, monitors and supervises the operation of games of chance in Ghana. This Act repealed the Lotteries Betting Act 1960 (Act 31), which
previously regulated private betting and prohibited the advertising of private lotteries. Promotions/contests offered to the public need to be approved and registered by the GC before they can run. Where they are offered without a licence, this amounts to an offence under Act 721 and the person in breach is liable to a fine of not less than 1,000 pen - alty units or imprisonment of not less than three years, or both, upon summary conviction. The GC Guidelines on Advertising must be complied with before advertisements in respect of contests and sweepstakes can be publicised and advertisements are pre-approved. Applications are made in writing by the promoters of such contests/sweepstakes to the GC, enclosing a detailed proposal containing information about the contest, the modalities and timelines for running the contest, the prize pool and the selection process for the winners. Application fees are determined by the GC based on the prizes being offered in each contest. The proposal and all the above information are consid - ered before approvals are issued. The GC will inform the promoter of the game of the applicable fees and, upon remittance thereof, the application is processed, and approval is given where the GC is satisfied with the proposal. The GC may make recommendations with respect to aspects of the game of chance or con - test to the promoters prior to issuing its approval. The National Lotto Act 2006 (Act 722) established the National Lotto Authority (NLA), which regulates, supervises and conducts the National Lotto in Gha - na. Section 4 of Act 772 prohibits anyone other than the NLA from operating any form of lottery in Ghana. Per Section 5, the NLA is authorised to license Lotto Marketing Companies for the distribution and sale of coupons and for other purposes that the Board of the NLA deems appropriate. The Board of the NLA has about 21 working days after the receipt of the application to grant a licence to the applicant where it is satisfied that the applicant has met the conditions required for a licence and has paid the applicable fees. The applicable fees for the issuance of licences to
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