We are in a digital economy where data is more valuable than ever.

Data has been vastly defined as the key to the smooth functioning of all the systems from the government to local companies.

Even though some schools of thought would want to dispute this fact, it is largely agreed that without data progress would halt.

In this regard, the topic for discussion on Privacy Focus, JoyNews' only show that raises awareness about data privacy and airs every Sunday at 4:00pm, was who a data subject is and what rights an individual has under the Data Protection Act 2012. (Act 843).

It is however important to understand what personal data is.

Personal data in simple terms is information put together that identifies a person, and in this case the Data Subject, uniquely. For instance, Ama’s date of birth, mobile number, bank account details are unique information that will identify her and no one else.

Speaking to a Certified Data Protection Supervisor, Eric Gbenyo, he described personal data as the new oil in the digital world today.

He further stated that products are being tailored to suit data subjects’ preferences only because manufacturers through technology use digital footprints to track the likes and dislikes of data subjects.

He noted that the digital economy uses personal information to steer affairs so in as much as it is great that technology is making life easy, it is also a wake-up call to understand what personal information (data) to put out there and be aware of the fact that it can be used in favor or against the subject of the data made public.

The Law

The Data Protection Act 2012 (Act 843) defines a data subject as an individual who is the subject of personal data.

While the law is very precise in defining key players in the ecosystem including how a data subject is recognised, the law further states the rights these Data Subjects have under the law.

In other words, the Data Subject has the law to his/her advantage and can decide how their personal data is used, managed and processed by entities.

The rights of a Data Subject

The Data Protection law spells out these as the rights of data subjects;

• the right to be informed about the collection and the use of their personal data
• the right to access personal data and supplementary information
• the right to have inaccurate personal data rectified, or completed if it is incomplete
• the right to erasure (to be forgotten) in certain circumstances
• the right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
• the right to object to processing in certain circumstances
• rights in relation to automated decision-making and profiling
• the right to withdraw consent at any time (where relevant)

In an attempt to explain these rights of the Data Subject under the law, Mr. Eric Gbenyo dwelled on the right to be informed. He insisted that it is dire for data subjects to be on top of their rights under the law and own their personal information because it is their privacy.

He specified that when entering into a contract of any kind such as opening an account at the bank, it is necessary for the data subject to ask how, where and with whom his/her personal information will be shared and at a point when things are not clear the data subject can withdraw consent and to demand a halt in the processing of his/her personal information.

In the event that a data subject has his/her rights violated and is unable to, for instance, access his/her personal information, a request can be made to the Data Protection Commission of Ghana for assistance.