Vodafone Ghana has admitted giving the personal information of its over 10 million subscribers to Kelni GVG. T.
The personal information includes (but not limited to) subscribers names, mobile phone numbers, call records, call locations and addresses and mobile money transaction details.
The admission came out at the hearing of a case which 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.”
Meanwhile, MTN which has sternly refused to release the personal information of their subscribers has argued in their affidavit that the request for subscribers’ personal information “constituted a disproportionate invasion of privacy” and that “the request had absolutely no nexus with the purpose” of covid-19 contact tracing.
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 General Jurisdiction division of the High Court.