Law / Ghana

Data Protection Act, 2012, automated decision-taking

Data Protection Act, 2012 (Act 843), s. 41 (automated decision-taking)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://nita.gov.gh/wp-content/uploads/2017/12/Data-Protection-Act-2012-Act-843.pdf

In force.

A data subject rights rule binding public and private bodies.

Obligation class
Data subject rights, Disclosure

As of .

What it requires

  • Give a data subject the right to demand that a decision significantly affecting them is not based solely on automated processing of their personal data, and notify them as soon as reasonably practicable when such a decision is taken without a prior notice.
  • Reconsider an automated decision within twenty one days of a data subject's written request, and tell them in writing what steps you will take to comply.

What this law does

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Research summary

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Section 41 entitles an individual, by written notice to a data controller, to require that any decision significantly affecting them is not based solely on the automatic processing of their personal data.

Even without a prior notice, if a controller does base such a significant decision solely on automated processing, it must notify the individual as soon as reasonably practicable, and the individual may then require the controller to reconsider the decision within twenty-one days of that notification. The controller must then answer in writing, within a further twenty-one days, what steps it will take to comply.

The right does not apply to a decision made in the course of considering or performing a contract with the data subject, one authorized or required by an enactment, or other circumstances the Minister prescribes.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions.

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