Vodafone Ghana Breached Customer’s Privacy Using Ghana Card Details to Register Another Number
- The Supreme Court has ruled that Vodafone Ghana breached Elorm Kwami Gorni’s data privacy
- The court found Vodafone failed to implement proper verification measures, awarding Gorni GH¢10,000 in nominal damages
- The ruling draws on Ghana's Data Protection Act and landmark privacy cases, underscoring the risks of identity misuse and unauthorised access
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The Supreme Court has ruled that Vodafone Ghana Limited breached the data privacy rights of Elorm Kwami Gorni, a customer of the telecommunications company.
According to the ruling, Vodafone breached the customer’s data privacy by allowing an unknown individual to register and operate a mobile money wallet using his Ghana Card details without his consent.
Source: UGC
In a 4-1 majority decision, the Apex Court held that Vodafone failed to implement adequate verification measures, leading to the unauthorised activation of the mobile money account.
Consequently, the court awarded Gorni GH¢10,000 in nominal damages, citing the potential for identity misuse and money laundering risks.
“It should thus be a matter of alarm if someone with access to another’s personal documentation could use it to register his or her own or even a third person’s internet identity without the owner’s consent or authorisation,” the Supreme Court said.
How Supreme Court arrived at its ruling
The ruling relied on two of Ghana's Data Protection Act provisions and landmark privacy cases.
According to a publication by The Law Platform, the Supreme Court relied on Ghana's Data Protection Act and landmark privacy cases, namely Mrs Abena Pokuaa Ackah v. Agricultural Development Bank [TLP-SC-2017-58]; Raphael Cubagee v. Michael Yeboah Asare & 2 ors [TLP-SC-2018-13]; and the persuasive force of the data privacy rights case of Justice Noah Adade v. Bolt Ghana & Bolt Holdings OU; Suit No. C11/003/2023, to arrive at its decision.
“The discussion of the Court, which suffered a dissent from Senyo Dzamefe JSC, also relied on scholarly material including that of Francisca Kusi-Appiah: ‘Consumer Rights and Justice in Ghana: A Legal Compass’ K-App Law, Accra, Ghana 2025, pp 123, 262 and p.419; and James Whisker and Mark Eshwar Lokanan, ‘Anti-money laundering and counter-terrorist financing threats posed by mobile money’, in Journal of Money Laundering Control, https://doi.org/10.1108/JMLC-10-2017-0061,”
Despite Senyo Dzamefe’s dissent, the Court, speaking through Kulendi JSC, who offered a concurring opinion to the erudite opinion of Justice Mensa-Bonsu, stated:
“15. In my considered opinion, the failure of the 1st Respondent to ensure the effective implementation of such basic verification measures at the initial stage of the registration exercise constituted a clear dereliction of the Respondent’s statutory obligations and effectively created the conditions under which the Appellant’s personal data could be misused, ultimately resulting in the unauthorised activation of a mobile money account in the Appellant’s name, which, by all standards, amounted to an invasion of his privacy under Article 18 of the Constitution,” Kulendi JSC reportedly opined.
Source: Facebook
New judge takes over Adu-Boahene's case
Meamwhile, YEN.com.gh reported that the presiding judge in the trial of former NSB Director Kwabena Adu-Boahene had been changed.
Adu-Boahene and his wife face allegations of embezzling approximately GH¢49 million, diverting funds intended for cyber defence systems.
During cross-examination key NSB finance records were scrutinised, showing that some Special Operations funds are not routinely audited.
Source: YEN.com.gh
