WHEN PRIVACY BECOMES RISK-BASED: THE SUPREME COURT’S DECISION IN GORNI V VODAFONE
INTRODUCTION The recent decision of the Supreme Court in Gorni v Vodafone Ghana Ltd & Others signals an important shift in the constitutional understanding of privacy under Article 18(2) of the 1992 Constitution . In effect, it reflects a move toward a more risk-based conception of privacy, particularly in the context of SIM registration and digital identity systems. At first glance, the case appears straightforward: an individual discovers that a telephone number has been linked to his Ghana Card without his consent and seeks constitutional redress. The concern is legitimate. In an era of mobile money, digital transactions and identity-linked services, the misuse of identity documents carries real risks. However, beyond the facts lies a deeper legal issue. Did the Supreme Court determine the case within the proper constitutional framework required under Article 18(2) of the 1992 Constitution? Or did it expand the right to privacy beyond what that provision actuall...