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WHEN AI BECOMES THE DEFENDANT: THE JUDGE’S QUANDARY

  INTRODUCTION Artificial intelligence is moving beyond assisting human decision-makers to making decisions on its own. In the situation considered here, the system does not merely recommend, rank, score, flag or predict an outcome for a human to accept or reject. It makes the operative decision itself, without human review . When such a decision is challenged in court, a familiar judicial problem takes an unfamiliar form. The institution that deployed the system may still be the defendant, but no human actor made or approved the decision under challenge. This is the sense in which AI becomes the subject of litigation : not because the system acquires legal personality or literally becomes a defendant, but because the court must determine whether its decision can be understood, tested and justified sufficiently to withstand scrutiny under the rule of law . The difficulty is practical. When a decision affects a person’s rights, obligations or interests, that person may chal...
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BAD DATA CANNOT BE FIXED BY A GOOD ALGORITHM: WHY DATA QUALITY WILL DETERMINE GHANA'S AI FUTURE

  INTRODUCTION Ghana's National Artificial Intelligence Strategy (2025–2035) reflects an ambitious vision for the country's digital future. It seeks to harness artificial intelligence to drive economic growth, improve public service delivery, stimulate innovation, and position Ghana as a leading participant in Africa's emerging AI ecosystem. The strategy rightly recognises that achieving these objectives will require investments in skills, infrastructure, research, governance, and institutional capacity. Among its most important insights is the recognition that data is a strategic asset . The strategy places considerable emphasis on data governance, digital public infrastructure, local language datasets, and the broader data ecosystems required to support AI development and deployment. This reflects an important reality: artificial intelligence cannot function without data. Every AI system, whether deployed in healthcare, agriculture, education, finance, or government, ...
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GHANA’S DATA PROTECTION BILL 2025: A STRONGER SHIELD — WHAT IS IT MEANT TO ENABLE?

  INTRODUCTION Ghana is on the verge of replacing its data protection legislation. The Data Protection Bill 2025, which proposes to repeal and replace the Data Protection Act 2012 (Act 843), is the most comprehensive overhaul of Ghana's data protection framework in over a decade. It is a serious and, in several respects, genuinely forward-looking piece of legislation. As a data protection statute , it is substantially stronger than what it replaces, with stronger rights protections, more robust institutional arrangements, clearer obligations, and greater technological awareness. The world Ghana is legislating into, however, has changed significantly since 2012. Artificial intelligence has transformed the relationship between data and economic value. Data is no longer simply a record of individual activity requiring protection from misuse; it is increasingly a strategic resource for training, refining, and deploying AI systems. How data is governed now shapes not only whethe...
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