Electronic Transactions
Act, 2008
Electronic
Transactions
Bill
Act 772
Illegal access to protected computers is dealt with in the sixth group of
clauses clause 55 – 62. Information contained in the register of a critical
database is not to be disclosed to any person other than to the relevant
employees of the National Information Technology Agency, clause 60.
Protected computers and critical database which have been declared
by government are not to be accessed illegally. The protection extends to
computers and databases for national security, defence, public safety and
public health, emergency systems. Databases relating to the provision of
services directly related to communications infrastructure, banking and
financial services, public utilities, public transportation or public key
infrastructure, or used by the legislative, executive and judicial arms of
government, the public services and security agencies are also designated
as critical under the Bill, clause 55.
Provisions on the domain name register are in the seventh group of
clauses. A domain name Registry is established to assume responsibility
for the “.gh” country domain name space from a date to be determined
by the Minister by notice in the Gazette. After the commencement of the
Act, a person shall not update a repository or administer a second level
country domain name unless the person is licensed to do so by the Registry.
The governing body of the Registry is a Board composed of nine members
and may be converted into a company limited by guarantee, clause 63.
Its functions will include the administration and management of the
“.gh” domain name space. It will license and regulate registrars for the
respective registries and publish guidelines on the general administration
and management of the “.gh” domain name space.
The eighth group of clauses, clause 82 – 87 provides for an appeal
tribunal and establishes the Information Communication Technology
Tribunal in clause 81. This will be convened on an adhoc basis to consider
appeals against decisions of the National Information Technology Agency.
The three member tribunal is to be appointed by the Chairperson of the
Public Services Commission, clause 72. The expenses of the tribunal will
be paid out of income derived by the Agency and will be part of the annual
budget of the Agency. Decisions of the tribunal relating to points of law
can be appealed against to the Court of Appeal clause 87.
An industry forum is established
in the ninth group of clauses clause
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