By Emmanuel Sackitey MATE-KOLE & Maame Boahemaa FOKUO

Recently, several MoMo users have reported losing funds to MoMo fraudsters even though they did not disclose their private details. With an increasing number of Ghanaians adopting MoMo and online services, it is now crucial to safeguard personal data and combat fraudulent activities.

This piece will guide you through various regulations designed to safeguard the private data of MoMo users, explain their significance, outline your entitlements, and advise you on steps to take should an issue arise.

These laws are:

1. The Personal Data Protection Act, 2012 (Act 843);
2. Electronic Transactions Act, 2008 (Act No. 772);
3. Cyber Security Law, 2020 (Law No. 1038);
4. The Payment Systems and Services Act of 2019 (Act No. 987)

The Data Privacy Law of 2012

This legislation safeguards your private information and confidentiality.

Mobile service providers gather your private information (such as name, identification details, and telephone number) when you access their services. This regulation mandates that they must:

1. request your permission prior to utilizing your information;
2. Ensure your information remains accurate, protected, and confidential;
3. enable you to view, amend, or remove your personal details, thus enhancing user autonomy by providing more authority over their data.

If your information is used improperly or disclosed without authorization, you are entitled to receive damages.

The legislation applies to all individuals involved with personal data within Ghana, regardless of whether their organization operates outside the nation. This implies that if you or your enterprise gather or utilize individuals’ private details in Ghana, or if the data originates from Ghana, the regulation will be applicable to you, even if your business is located abroad.

The Electronic Transactions Act of 2008 (Act 772)

This legislation guarantees security during every electronic transaction, such as mobile payments. Telecommunications companies are required to:

1. maintain confidentiality and safety of transactions;
2. safeguard you against scams and counterfeit mobile financial schemes.

It constitutes an offense to:

1. Take over another person’s identity to gain access to mobile banking;
2. access or infiltrate another person’s mobile payment account;
3. Use false identities to carry out mobile money scams.

In case you fall prey to MoMo scam, the legislation allows telecommunications providers to share client data or relevant information with police authorities, subject to obtaining a judicial warrant. This implies that when an individual moves money from one phone number to another intending to carry out online criminal activity, details like the recipient’s location or account information linked to that number may be revealed and utilized to identify the offender after a court approves the disclosure.

This regulation is applicable to all individuals regardless of their country of origin. Should an individual violate the law abroad, it will be considered as though the offense took place inside Ghana.

2020 Cyber Security Law, Act 1038

This legislation safeguards individuals against data leaks and MoMo fraud, encompassing all cyber security operations conducted inside Ghana.

This legislation guarantees that telecommunications companies and other service providers:

1. Implement robust security measures to guard against cyber attacks;
2. notify about cyberattacks as they occur;
3. work alongside officials to combat digital offenses.

Payments Systems and Services Law, 2019 (Law 987)

This legislation focuses on ensuring fair operations within the digital financial sector. It provides robust safeguards for mobile money customers, such as:

1. equitable and considerate conduct, particularly towards marginalized communities (such as women, seniors, and individuals with impairments);
2. safeguarding your personal information and mobile financial details;
3. an effective method for identifying issues and resolving them.

What should you do if an issue arises with your MoMo Wallet?

Your mobile wallet service provider needs to:

1. Make it simple for you to file a complaint, regardless of whether you do so in person, over the phone, via email, or through an online platform;
2. notify you of your concern within 3 business days;
3. address the grievance within 5 to 20 days;
4. never ask you for money when filing a complaint.

Should you be unhappy with their reply, you have the option to bring the matter to the attention of the Bank of Ghana.

This pertains to every mobile money service provider along with their representatives who provide these services.

What steps should you take if you become a target of MoMo scamming?

According to the legislation, entities issuing e-money and providing payment services are required to create clear and efficient methods for handling complaints, which should include:

1. provide straightforward and easy-to-understand details regarding the customer support process;
2. available at all times, both during and beyond regular working hours, including on public holidays;
3. enable clients to submit feedback verbally or in written form via multiple methods, including a support hotline, face-to-face meetings, electronic mail, or postal service;
4. guarantee that grievances are addressed within five (5) business days, with an extra fifteen (15) days allowed for complicated situations, as long as the client is notified about the postponement;
5. provided free of charge to the customer.

Consumers are obligated to file grievances within thirty (30) days starting from when they identified the issue. Once a complaint is received, the payment service provider or digital currency issuer must:

1. confirm receipt within three (3) business days;
2. notify the person who filed the complaint about the anticipated procedures and timeframes for the inquiry;
3. allocate a distinct identification code to every grievance to aid in monitoring; and
4. inform the person who filed the complaint about the findings of the inquiry and the ultimate determination.

Should the complainant be unhappy with the result, they have the right to file a grievance with the Bank of Ghana, which must address the complaint within three (3) days from when it was received.

The steps mentioned earlier for filing a complaint must be completed prior to pursuing legal action, since the law mandates that when a statute outlines a particular process for handling an issue, that process must be adhered to precisely.

Potential Difficulties You Could Encounter as a Person Filing a Complaint

1. Several telecommunications companies fail to address grievances promptly or with clarity.
2. Certain users are unaware of the proper channels for reporting issues.
3. Individuals living in remote regions might lack sufficient assistance or guidance.
4. Issues raised with the Bank of Ghana are sometimes not resolved quickly.

How to Protect Yourself

1. Do not disclose your PIN or private information.
2. Notify authorities immediately upon detecting any fraudulent activity.
3. Retain proof (screenshots, messages, invoices).
4. Contact official telecommunications company phone numbers and support channels for lodging grievances.
5. Inform others, particularly older individuals and those who have limited familiarity with electronic gadgets.

Conclusion and Recommendations

Ghana has robust legislation safeguarding individuals who utilize mobile money and digital services; however, numerous citizens remain unaware of their entitlements or the process for lodging complaints.

Your Part in Enhancing Online Security

1. Telecommunications firms need to move quickly and implement more robust measures to safeguard private information.
2. Authorities should ensure compliance with regulations by making telecommunications companies responsible and applying fines where necessary.
3. Customers should be aware of their entitlements, file complaints when necessary, and push for improved services and safety measures.

Emmanuel
He is a practicing attorney who leads the Real Estate and Infrastructure practice division at M&O Law Consult. Additionally, he holds a license as an Insolvency Specialist from the Ghana Association of Restructuring and Insolvency Advisors.

Maame works as a legal professional and is part of the Telecommunications team at M&O Law Consult.
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