National Identity Register Regulations, mandatory use and verification of the Ghana Card

The National Identity Register Regulations, 2012 (Legislative Instrument 2111) were made on 20 February 2012 under section 73(1) of the National Identity Register Act, 2008 (Act 750). The Regulations were notified in the Gazette on 21 February 2012 and entered into force on 23 March 2012.

Regulation 7(1) provides that a national identity card issued to an individual is to be used for the listed transactions where identification is required, including opening of individual or personal bank accounts, purchase of insurance policies, consumer credit transactions, payment of taxes and registration of SIM cards.

Regulation 7(2) requires an organisation that offers any of the services in respect of the transactions listed in regulation 7(1) to demand the presentation of a national identity card from the individual concerned before providing the relevant service to the individual.

The Authority published Gazette No. 65 of 8 July 2015 in exercise of its power under regulation 7(1)(n), which lists admission into an educational institution, issuance of a residence permit to a foreign national, issuance of a permit to foreign nationals permanently resident and all financial transactions as transactions requiring the mandatory use of the national identity card.

Regulation 8(1) allows the Authority, a user agency, a person authorised by law, or a law enforcement officer to request an individual who has been issued with a national identity card to produce it for inspection, and requires the card to be returned immediately unless there is reasonable suspicion of the commission of an offence.

Regulation 9(1) allows a person who has requested a card under regulation 8(1) and has reason to believe that it was not issued by the Authority to use a portable identity card reader to view the information stored on the card and to scan the individual's fingerprints and match them against the template stored on the card or in the national database through a secured link.

Regulation 22 defines a portable identity card reader as an instrument that cannot keep a record of any fingerprint that is scanned and is of a type approved by the Authority.

Regulation 9(2) makes it an offence, punishable on summary conviction by a fine of not more than 100 penalty units or imprisonment of not more than six months or both, for a person without reasonable excuse to refuse to surrender a national identity card to allow a law enforcement officer or an authorised person to view the information or scan a fingerprint on the card.

Regulation 13(1) provides that the conditions under which data in the custody of the Authority may be accessed are in accordance with a personal information sharing agreement as set out in Form Three of the Schedule, in addition to other conditions specified in the Regulations.

Regulation 15(2) requires a user agency that intends to access personal information of an individual to state the purpose for which the information is required and to satisfy the Authority that the individual is aware of and has authorised the request. Regulation 18(1) requires a user agency that uses personal information for administrative purposes to retain it only for a period determined by the Authority under its guidelines or as specified in the Data Sharing Agreement Form.

Regulation 18(2) requires a user agency that obtains personal information to secure and store it in accordance with the Authority's guidelines or as specified in the Data Sharing Agreement.