The Data Protection Commission (DPC) has urged universities in Ghana to use the University of Ghana, Legon as a case study when conducting studies on data subjects.
This was after an Accra Urban Adolescent Nutrition (AUAN) study conducted by the university's research team was halted due to non- compliance.
As part of efforts to improve on digitization by the Ministry of Communication and Digitization under the leadership of Hon. Ursula Owusu-Ekuful,
the Data Protection Commission investigated the concerns of the general public and it was established that the University of Ghana was not in good standing with the Commission as a Data Controller.
The university was found to have breached a contract with their international Sponsor, International Food Policy Research Institute (IFPRI) which had directed the university to comply with their jurisdictional Data Protection legal requirements.
The University of Ghana School of Public Health had commenced a research study known as the Accra Urban Adolescent Nutrition study which was made public in October 2021.
The study sought to describe the nutritional status, dietary intake, physical activity patterns, and food environment of about 1,000 Data Subjects (adolescent children from low- and middleclass households in 10 selected neighborhoods in the Greater Accra Region).
The Data Subjects were from communities in Chorkor, Abelemkpe, South La, New Mamprobi, Achimota, Old Nungua, West Legon, Kokomlemle, New Town, and Nungua.
As part of the process to collect the data, the Data Subject were required to wear a fixed belt with an accelerometer and GPS that will track their physical activity and movement trajectories over the period of the study.
The research resulted in distress and concerns from additional Data Subjects (teachers, parents and the general public) due to the intrusive and highly sensitive nature of the data processing of the children.
The data set included blood samples, GPS location, nutritional data and other personal data.
The Data Protection Commission in accordance with its mandate under the Data Protection Act 2012 (Act843) section 2 (a) issued the following directives to the University including the research team of the Accra Urban Adolescent Nutrition study to;
1. Halt the study with immediate effect in accordance with section 75
1. Register with the Data Protection Commission of Ghana in accordance with section 46(3)
3. Notify their International Sponsors of the breach in accordance with section 31
4. Conduct a Data Protection Impact Assessment (DPIA) to ascertain potential risks and show mitigation measures in accordance with section 28 (2)
5.Train at least One staff in charge of clearing such projects to become a Certified Data Protection Supervisor to oversee the implementation of privacy programs and as well train all relevant staff of their ethics committee heading such projects in accordance with section 58.
The Commission stated that it had followed steadily the progress being made by the University and confirmed that it had made efforts towards being accountable to the public.
"They have started the compliance journey by registering with the Data Protection Commission and have currently trained one staff as their Data Protection Supervisor as required by law.
The Commission is cautioning all universities in Ghana to take note of this by taking steps to register with the Commission and following due process by complying with section 28 of the Act to avoid sanctions which the law clearly states to include prosecution" the DPC said in a statement.