A landmark
legal battle is unfolding in Ghana’s High Court, spotlighting the growing
tension between corporate marketing practices and individual privacy rights in
the digital age. Faustina Djagbele Abbey, a humble onion seller near Accra’s
bustling Makola Market, has filed a GH¢2 million lawsuit against Telecel Ghana,
a leading telecommunications provider operated by Ghana Telecommunications
Company Limited.
The case
centers around allegations that Telecel unlawfully used Madam Abbey’s image for
promotional purposes without her consent, infringing on her personal liberties
and privacy rights. The lawsuit, filed on May 23, 2025, by her lawyer Bernard
Owiredu Donkor of Thompson Law Consult, claims that the telecommunications
giant’s actions violate Ghana’s Data Protection Act, 2012 (Act 843), which
mandates explicit consent for processing and using personal data, including
images.
Madam
Abbey’s legal complaint asserts that Telecel’s use of her likeness to advertise
its new 'Telecel Red Save' digital financial service — a product designed to
promote savings — was done without her approval. The advertisements appeared
across various platforms, notably social media channels, and were seen by
thousands, including her community members and customers.
Her
statement underscores the personal toll of digital privacy breaches, which
often go unnoticed until they impact everyday lives. She further claims that
the widespread sharing has resulted in her being wrongly perceived as affluent,
leading to social misunderstandings and mental health challenges.
This case
raises critical questions about corporate responsibility and individual rights
in Ghana’s rapidly digitalizing economy. Ghana’s Data Protection Act emphasizes
the importance of obtaining explicit consent before using personal data or
images for commercial purposes, yet many companies continue to overlook these
legal requirements.
Telecel
Ghana, which held a 17.2% market share in voice and data services as of July
2024, now faces a potentially precedent-setting case. Madam Abbey is demanding
that the court order the immediate removal of all advertisements featuring her
image, along with monetary compensation for damages and distress caused.
Beyond the
monetary aspect, this case is seen as a test of Ghana’s legal framework for
safeguarding personal privacy amid evolving digital marketing practices. The
court’s ruling could influence future corporate conduct and reinforce the
importance of respecting individual rights in Ghana’s digital landscape.
As the case
unfolds, it promises to be a pivotal moment in Ghanaian law, emphasizing that
personal privacy is a fundamental right that corporations must uphold in their
pursuit of marketing and brand visibility.
blogpay
Total Comments: 0