15. Applicants canvass legal argument on the violation of their right to privacy by
invoking Article 12 of the Universal Declaration of Human Rights, Article 17 of the
International Covenant on Civil and Political Rights. Applicants submits that what
constitutes interference with privacy in the context of digital communications and
the meaning of “arbitrary and unlawful” use of private data is most relevant to the
instant case. Applicants argue that In the instant case, the petitioner, Tiger Eye PI
or Anas Aremeyaw Anas by secretly filming and recording their conversations
amounts to interference with their privacy and violates the law on collection and
retention of personal data as regulated by the Data Protection Act, 2012 (Act 843),
law of Ghana.
16. Applicants further argue that the report of the United Nations office of the high
commissioner on Human Rights Committee; General Comment No.16 which was
adopted at its thirty-second session on 8th April, 1988 has explained the right
protected in Article 17 of the International Covenant on Civil and Political Rights to
include unlawful and arbitrary use of data which constitutes interference with
interference with privacy in the context of digital communications.
17.The Applicants further submit that paragraph 2 of Article 17 of the International
Covenant on Civil and Political Rights deals with the right to the protection of the
law against unlawful or arbitrary interference with their privacy and that it was also
emphasized in the General Comment report and therefore submits that the Office
of the United Nations High Commissioner on Human Rights in paragraph 20 of its
report to the Human Rights Council and the General Assembly, referred to herein
before also significantly states that:
“…any capture of communications data is potentially an interference
with privacy and, further, that the collection and retention of
communications data amounts to an interference with privacy
whether or not those data are subsequently consulted or used…”
18. It is the submission of the Applicants that for a person to lawfully obtain,
process, hold, use or disclose personal information, the person must register under
Act 843, Therefore, the collection of the communication data of the Applicants by
Tiger Eye PI or Anas Aremeyaw Anas in the instant case is unlawful and a violation
of the Applicants rights to privacy provided for in the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights as well as
the Data Protection Act of Ghana(Act 843) and Article 18(2) of the Constitution of
Ghana.
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