37. The Respondent says that Applicants further seek to rely on the protection
under the Data Protection Act, 2012 and claim that there is a law in Ghana, which
seeks to regulate the collection and retention of personal data. That is the Data
Protection Act, 2012 (Act 843). Per Section 27 (1) of Act 843;
“A data controller who intends to process personal data shall register
with the Commission”
38. The Respondent disagrees with the assertion that they have acted contrary to
the provisions of Article 12 of the Universal Declaration of Human Rights and Article
17 of the International Covenant on Civil and Political Rights. Respondent submits
that Article 29 of The Universal Declaration of Human Rights states that the rights
conferred on individuals are subject to limitations placed by law on the exercise of
such rights for the purpose of morality, public order and the general welfare in a
democratic society.
39.
RELIEF SOUGHT BY THE RESPONDENT.
1. That the Court, not been an appellate court has no jurisdiction to entertain
the suit and should accordingly be dismissed.
2. A declaration that the Respondent has not violated the rights of the
Applicant as alleged.
40.
THE ANALYSIS OF THE COURT.
The Court having delivered the ruling on 22nd of November 2018 on the application
for provisional measures by the Applicant and denying same will proceed to consider
the following issues for determination in the substantive suit:ISSUES FOR DETERMINATION
I.
II.
WHETHER THE COURT HAS THE JURISDICTION TO HEAR THIS CASE
WHETHER THE HUMAN RIGHTS OF THE APPLICANTS HAVE BEEN VIOLATED
AS ALLEGED.
WHETHER THE COURT HAS THE JURISDICTION TO HEAR THE CASE:
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