By Maxwell Nkansah.
The High Court in Accra General Jurisdiction presided over by Justice Rebecca Sitties has ordered Ghana Telecommunications Company Limited and Stratcom (MTN Ghana Limited) and all network service providers not to release subscribers Mobile Money details to government.
A private legal practitioner, Francis Kwarteng Arthur, went to the High Court to challenge the President’s order contained in Executive Instrument (EI) Number 63 and the manner in which the order was being implemented.
Through the EI 63, government through Kelni GVG made a request to the telecommunication networks and service providers to hand over the personal information of all customers and subscribers to the President to conduct contact tracing to control the spread of the deadly covid-19.
Mr Arthur through his Lawyer Justice Srem Sai sued the Ghana Telecommunications Network (1st, Statcom (MTN) (2nd), Kelni GVG (3rd), the National Communications Authority (4th) and the Attorney General (5th Respondents) for interference and invasion of privacy.
In a 115-page ruling delivered on July 24, the court ordered the National Communication Authority to supervise the clearing of already released data from both electronic and manual systems from today, July 30, 2021.
“It is hereby ordered that 1st and 2nd Respondents and all other telecommunications Network and service providers be and are hereby restrained from providing the President, the Government, 3rd and 4th Respondents their agents, assigns or workmen however described with the details and unhashed details of Applicant’s mobile money and that of all other mobile money subscribers as 3rd Respondent requested in the email correspondence of 27th March 2020 to 1st and 2nd Respondents and Ugochukwu Uzoka of Glomobile Ghana and any other Telecommunication Network and service provider with effect from the date of the ruling.
“It is further ordered that all the mobile money details and unlashed mobile money details of Applicant and that of all other mobile money subscribers which 1st and 2nd Respondents and other Telecommunication Network and service providers have already provided to the President, the Government, 3rd and 4th Respondents or their agents, assigns or workmen however described per the request of 3rd respondent’s communication dated 27th March 2020 be retrieved and cleared from all manual and electronic records of the President, the government, 3rd and 4th Respondents, their agents, assigns or workmen however described under the supervision of 4th Respondent within 14 days from July 30, 2021,” the court-ordered.