An Accra Circuit Court has sentenced the General Manager of Golden Tulip Hotel to a fine of GHS600 for his failure to register the company with the Data Protection Commission.
Paul Kavanagh reappeared in court on Thursday March 9 after being granted bail at the last sitting of the court on March 1 to file all the processes towards registration of the hotel with the Commission.
According to Accra News’ Ama Brako Ampofo, in court on Thursday, the expatriate told the court that he had finally managed to register Commission, which had dragged to him to court.
However, Justice Aboagye Tandoh, presiding, found Mr Kavanagh guilty of the offence and ordered him to pay GHS600, being the total of cost of 50 penalty units taking into consideration his cooperation with the police and to serve as a deterrent to others.
Mr Kavanagh, as General Manager of Golden Tulip, was sued after a report was made to the police that some institutions and organisations identified as data controllers had failed to register with the Data Protection Commission as required of them as they were still processing personal data of individuals.
ASP Stephen Agyei, prosecuting, had said the defaulting companies were served with a final notice to register or report to the police, which they failed to comply with.
The Data Protection Commission was established in 2012 by an Act of Parliament under Act 843 as a regulatory body for all data controllers, stakeholders and other processes which deal with data.
All institutions and individuals who collect data, use and process personal information must register with the Data Protection Commission. Act 56/95 of the Commission states that any data controller who fails to register with Data Protection Commission would be liable to sanction which would be 200 penalty units or imprisoned for not more than two years.
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