We have recently witnessed a significant legal ruling in the case of identity theft involving the ride-hailing platform Bolt. The Circuit Court at Adentan has made a landmark decision, ordering Bolt Holdings OU to pay a lecturer and Chief Executive Officer of a software solutions company, Justice Noah Adade, a substantial amount of GHS 1.9 million as damages.
The court, presided over by Her Honour Sedinam Awo Kwadam, found Bolt Holdings OU negligent in failing to detect the theft of the lecturer’s identity and its subsequent use by a driver. This ruling sets a precedent in the realm of data protection and privacy rights in Ghana.
The plaintiff, Justice Noah Adade, recounted an unsettling experience where he discovered his own photograph and personal details being used by a Bolt driver who arrived to pick him up for a ride he had ordered. It was revealed that the driver in question was actually an employee of the plaintiff, who had confessed to stealing his identity and registering himself as a driver on the Bolt app.
The court found Bolt liable for negligence as it failed to undertake a liveliness identity verification check when registering the driver, as required by Ghana’s Data Protection Act. This failure to comply with the law resulted in emotional distress and trauma for the plaintiff, along with damage to his reputation. The court firmly held Bolt accountable for its non-compliance with data protection regulations and emphasized the duty of care owed to individuals whose personal data is processed by organizations.
In addition to the GHS 1.9 million awarded as compensation, the court also ordered Bolt to pay an additional GHS 20,000 to cover the lecturer’s legal fees. Furthermore, the Data Protection Commission has been directed to conduct a forensic audit of Bolt’s systems and database to verify the accuracy of the identity of all its drivers up until March 2024. This directive underscores the importance of ensuring data security and integrity within ride-hailing platforms and extends to all other similar services operating in the country.
GhanaCrime's Take
The ruling serves as a critical reminder to organizations that process personal data to uphold the highest standards of care and compliance with data protection laws. It is imperative for all entities, regardless of size, to prioritize the safeguarding of individuals’ personal information and prevent unauthorized use that could jeopardize their privacy and security.
This case sets a significant precedent in Ghana’s legal landscape, emphasizing the paramount importance of data protection and the accountability of organizations in ensuring the security and lawful processing of personal data. It underscores the need for stringent measures to prevent identity theft and protect individuals from potential misuse of their personal information.
-By Tetteh Belinda | GhanaCrimes