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June 14, 2025

Data Privacy Alert: Landmark Test Case in Ghana

Data Privacy Alert: Landmark Test Case in Ghana

by turkson / Friday, 13 June 2025 / Published in Uncategorized

Faustina Abbey v. Telecel Ghana Ltd
In this case, Faustina Abbey, the Plaintiff, is suing Telecel Ghana Ltd (formerly Vodafone Ghana) for unlawfully using her photograph in advertisements for their Red Save product across multiple platforms—including billboards, social media, and traditional media—without her consent. The case was filed on the 23rd May 2025 at the High Court – General Jurisdiction, Accra.

The Plaintiff claims that this action:

  • Violated her right to privacy and personal liberty, and
  • Abused her image rights under Ghanaian law.

She is seeking:

  1. Declarations from the court acknowledging the breach of her privacy and image rights.
  2. GHS 2 million in compensation for the harm suffered.
  3. An order to remove all unauthorized advertisements featuring her image.
  4. Costs, including legal fees.

Data Protection Lessons for Individuals

  1. Your image is your personal data – Using someone’s photo for commercial or promotional purposes without their consent is a clear violation of privacy and image rights.
  2. Always read the fine print – Be cautious when photos are taken at events or for services; ensure you’re not unknowingly giving permission for commercial use.
  3. You have the right to say no – Consent must be freely given, specific, informed, and explicit under the Data Protection Act, 2012 (Act 843).
  4. You can seek legal redress – If your image or personal data is used without permission, you have the right to take legal action and claim compensation.
  5. Awareness is power – Understanding your data protection rights helps you protect your identity, dignity, and digital footprint.

WHAT DOES THIS MEAN FOR YOU?
Your personal data is a right—not a resource. Know how it’s being used and demand accountability when your privacy is compromised.

WHAT DOES THIS MEAN FOR ORGANIZATIONS?
The case highlights the importance of explicit customer consent and robust verification processes before using personal data for unrelated purposes. Failure to do so amounts to negligence and can cause reputational and financial damage.

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