Data protection and privacy in elections: The Ghanaian context

Introduction

Elections are about more than voting, and the entire election cycle is increasingly data dependent. Voter registration, voter authentication, voting and results transmission all involve the the collection of at least some personal data.

Political parties depend on data to drive their campaigns, from deciding where to hold rallies, which campaign messages to focus on in which area, and how to target supporters, undecided voters and non-supporters, including with ads on social media. Data exploitation during the election cycle, therefore, risks undermining fundamental democratic processes. – Privacy International

Ghana’s democratic engagement is increasingly being influenced by digital technology- from local assembly elections, constituency elections, flagbearership campaigning to elections, and election results transmission.

These multi-technologies rely on collecting, storing, and analysing personal information to operate. These technolgoies raise novel issues and challenges for all electoral stakeholders on how to protect our data from exploitation.

In today’s digital age, data protection and privacy have become increasingly significant in various aspects of society, including the electoral process. In Ghana, where democratic elections are a cornerstone of governance, the importance of safeguarding personal data cannot be overstated.

As the country continues to embrace digital technologies in electoral processes, from voter registration to electronic transmission of results, the need to ensure data protection and privacy has become more pressing than ever.

This article delves into the critical aspects of data protection and privacy in the context of elections in Ghana. It explores the legal frameworks, challenges, and best practices that should guide stakeholders in ensuring that the integrity of the electoral process is upheld while safeguarding the personal data of voters and other participants.

The Importance of Data Protection and Privacy in Elections

Protecting Voter Information

One of the most critical aspects of data protection in elections is the safeguarding of voter information. The voter register, which contains sensitive personal information such as names, dates of birth, addresses, and biometric data, is a primary target for data breaches. If this data falls into the wrong hands, it could be used for identity theft, voter suppression, or other malicious activities.

Ensuring Electoral Integrity

Data protection and privacy are also essential for maintaining the integrity of the electoral process. Unauthorized access to electoral data could lead to manipulation of voter rolls, tampering with election results, or undermining the public’s trust in the electoral system. By ensuring that data is securely handled and protected, election management bodies can maintain the credibility of the elections.

Upholding Democratic Principles

Privacy is a fundamental human right, and its protection is crucial in a democratic society. In the context of elections, protecting the privacy of voters ensures that they can participate in the electoral process without fear of surveillance or coercion. This, in turn, promotes free and fair elections, which are the bedrock of democracy.

Legal Framework for Data Protection in Ghana

The Data Protection Act, 2012 (Act 843)

Ghana’s primary legal framework for data protection is the Data Protection Act, 2012 (Act 843). This law provides comprehensive guidelines on the collection, processing, storage, and dissemination of personal data. It establishes the Data Protection Commission, which is responsible for ensuring compliance with the Act.

Under the Data Protection Act, any entity that collects or processes personal data must ensure that the data is:

• Processed lawfully and fairly.
• Obtained only for specific, lawful purposes.
• Adequate, relevant, and not excessive in relation to the purposes for which it is processed.
• Accurate and kept up to date.
• Retained only for as long as necessary.
• Protected against unauthorized access, loss, destruction, or damage.

In the context of elections, the Electoral Commission (EC) of Ghana, political parties, and any other stakeholders involved in handling voter data must comply with these provisions to ensure that voters’ personal data is protected.

The Electoral Commission’s Role

The Electoral Commission of Ghana plays a central role in managing voter data. As the body responsible for overseeing elections, the EC is tasked with ensuring that voter information is collected, stored, and processed in a manner that complies with the Data Protection Act. This includes securing the voter register, ensuring the integrity of biometric data, and safeguarding the transmission of election results.

International Standards and Best Practices

Ghana is also a signatory to various international treaties and conventions that emphasize the importance of data protection and privacy, including the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention) and ECOWAS Directive on Cybercrime.

General Data Protection Regulation (GDPR) of the European Union, although not directly ratified, Ghana may incorporate principles from other international agreements into its domestic data protection laws. These international frameworks provide additional guidelines and best practices that can be adapted to the Ghanaian context to enhance data protection in elections.

Challenges in Ensuring Data Protection and Privacy in Ghanaian Elections

Limited Awareness and Education

One of the significant challenges in ensuring data protection and privacy in Ghanaian elections is the limited awareness and education on these issues among the public and electoral stakeholders. Many voters are unaware of their rights concerning data protection, and some electoral officials may lack the necessary training to handle personal data securely.

Technological Vulnerabilities

As Ghana continues to adopt digital technologies in its electoral processes, new vulnerabilities emerge. These include the risk of cyberattacks on election infrastructure, unauthorized access to electronic voting systems, and the potential for data breaches during the electronic transmission of results. The lack of robust cybersecurity measures can compromise the integrity of the electoral process.

Inadequate Regulatory Enforcement

Although Ghana has a comprehensive legal framework for data protection, enforcement remains a challenge. The Data Protection Commission, which is responsible for overseeing compliance with the Data Protection Act, often faces resource constraints that limit its ability to enforce the law effectively. This can lead to lapses in data protection practices, particularly during the election period.

Political Manipulation and Misinformation

In the digital age, the manipulation of data and the spread of misinformation have become significant concerns in elections. Personal data can be used to micro-target voters with misleading information, potentially influencing their voting behavior. The misuse of data for political gain undermines the fairness of elections and poses a significant threat to democracy.

Best Practices for Data Protection and Privacy in Elections

Strengthening Legal and Regulatory Frameworks

To enhance data protection and privacy in Ghanaian elections, there is a need to strengthen the existing legal and regulatory frameworks. This includes providing the Data Protection Commission with the necessary resources to enforce the law effectively and updating the Data Protection Act to address emerging threats in the digital age.

Enhancing Public Awareness and Education

Public awareness and education are crucial in promoting data protection and privacy in elections. Voters need to be informed about their rights regarding personal data and the measures they can take to protect their information. Electoral stakeholders, including the EC and political parties, should also be trained on best practices for handling personal data.

Implementing Robust Cybersecurity Measures

With the increasing reliance on digital technologies in elections, implementing robust cybersecurity measures is essential. This includes securing election infrastructure, such as voter registration databases and electronic voting systems, against cyberattacks. The EC should also establish protocols for detecting and responding to data breaches swiftly.

Promoting Transparency and Accountability

Transparency and accountability are key to building trust in the electoral process. The EC should be transparent about how voter data is collected, stored, and used. This includes providing clear information to voters about how their data will be handled and ensuring that any data breaches are promptly reported and addressed.

Collaborating with International Partners

Ghana can benefit from collaborating with international partners to enhance data protection and privacy in elections. This includes learning from the experiences of other countries, adopting international best practices, and participating in global initiatives aimed at improving electoral integrity.

Encouraging Ethical Use of Data by Political Parties

Political parties play a crucial role in elections, and their use of voter data must be ethical and transparent. Political parties should be encouraged to adopt data protection policies that comply with the law and respect voters’ privacy. This includes refraining from using personal data for manipulative or deceptive purposes.

Conclusion

Data protection and privacy are integral to the integrity and fairness of elections in Ghana. As the country continues to embrace digital technologies in its electoral processes, the need to safeguard personal data has become increasingly important. By strengthening legal frameworks, enhancing public awareness, implementing robust cybersecurity measures, and promoting transparency, Ghana can ensure that its elections remain free, fair, and secure.

Protecting voter data is not just a legal obligation; it is a fundamental aspect of upholding democracy and ensuring that every Ghanaian can participate in the electoral process without fear of their privacy being compromised. As the country moves towards the 2024 elections, it is imperative that all stakeholders work together to prioritize data protection and privacy, thereby safeguarding the integrity of Ghana’s democratic processes.

Author: Emmanuel K. Gadasu – Data Privacy Consultant

(CEH, CDPS, CIPM, BSc IT, MSc IT and Law, LLB*) | Member, IIPGH

For comments, contact author via  [email protected]  or Mobile: 233-243913077

The post Data protection and privacy in elections: The Ghanaian context appeared first on The Business & Financial Times.

Read Full Story