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Showing posts from July, 2011

THE FREEDOM OF INFORMATION ACT : WHAT CAN WE LOOK FORWARD TO?

INTRODUCTION It is generally acknowledged that information flow between government and its citizens does not only empower the people but promotes a “vigorous and robust democracy”. A Freedom of Information Act (FOIA) except under certain exemptions is therefore intended to give the public the “right to know” the type of information held by public bodies. It is an attempt for “greater transparency, accountability and engagement” in government business and can create a culture of openness. Passing of the Act in Ghana is in my opinion a necessary but not sufficient condition to achieving the envisaged and most anticipated impact on our democracy. Having the Act is not an end itself but a good means to a desired goal. There are a lot of costly implementation issues by way of structures, systems, change of mental models that have to be put in place to operationalise the Act. The UK for example passed their FOIA into law in 2000 but came into force in 2005. I intend to highlight a few bene

ELECTRONIC SIGNATURES AND DIGITAL SIGNATURES: HAS GHANA GOTTEN IT MIXED UP UNDER THE ELECTRONIC TRANSACTIONS ACT 2008 (ACT772)?

INTRODUCTION In my opinion there is a distinction between an “electronic signature” and a “digital signature” and I stand to be corrected but Act 772 seems to be referring to “electronic signatures” whilst talking about “digital signatures” or vice versa and this gets me confused. My understanding of “electronic signature” is that it is data in electronic form which can be attached to, or logically associated with other electronic data and which serve as a method of authentication. This therefore means that the following may fall under electronic signatures: A hand signed signature in ink, scanned and electronically delivered Electronically typed (Computer) signature and electronically delivered An electronic typed name and electronically delivered An electronic symbol that is electronically delivered The above attached to an electronic document may not be a safe way of authenticating a document but acceptable as long as the signatory accepts having signed the document. After a

GHANA’S ELECTRONIC TRANSACTIONS ACT 2008 (ACT772) AND THE INTERNET SERVICE PROVIDER: HOW FAIR IS THE TAKEDOWN NOTICE?

Internet service providers (ISPs) have become an integral part of the digital economy providing and facilitating Internet connectivity and other services between the business, government and citizens. Services provided include provision of e-mail accounts that allow correspondence between parties, hosting of news servers that allow the creation of Usenet newsgroups, web servers that allow the hosting of websites either for sharing information or facilitating transactions.   The role of ISPs may range from being analogous to newspaper publisher or re-publisher, bookseller or distributor, communication service provider, library, post office and these roles may bring about certain vicarious liabilities when legal issues arise. The challenges ISPs face in their role is really with respect to the extent of their liabilities with regards to e-disputes and need to be put into proper perspective. For example: §   As website hosts, are they vicariously responsible for wrong information or tec