The Case for Cyber Incident Transparency and Victim Notification Policy in Ghana

Ghana stands at a critical juncture in its journey towards cyber resilience. As the nation embraces the opportunities presented by technology, it also faces escalating threats to its digital infrastructure and the security of its citizens. With the rapid expansion of Ghana’s digital ecosystem, fuelled by increasing internet penetration and the proliferation of connected devices, the potential for cyber threats has never been greater. From malicious cyber-attacks targeting critical infrastructure to insidious data breaches compromising the personal information of individuals, the stakes are high, and the risks are manifold.

However, amidst this backdrop of technological advancement and digital transformation, the lack of a robust regulatory framework to govern cyber incident transparency and victim notification represents a significant gap in Ghana’s cybersecurity posture.

The absence of clear guidelines and protocols for reporting and disclosing cyber incidents not only undermines the ability of stakeholders to effectively respond to threats but also leaves individuals and organizations vulnerable to exploitation and harm. Without adequate measures in place to ensure transparency and notification, victims of cyber-attacks are left in the dark, unaware of the extent of the breach or the steps they need to take to mitigate its impact. Moreover, the lack of accountability and oversight perpetuates a culture of impunity, where cyber criminals operate with impunity, emboldened by the absence of consequences for their actions.

The goal of this article is to advocate for the implementation of a comprehensive Cyber Incident Transparency and Victim Notification Policy (CITVNP) in Ghana. By establishing clear guidelines and procedures for reporting and disclosing cyber incidents, this policy seeks to enhance the resilience of Ghana’s digital infrastructure, empower individuals and organizations to respond effectively to cyber threats, and foster a culture of accountability and transparency in the digital realm. The implementation of such a policy holds profound implications for the nation’s cybersecurity landscape, enabling stakeholders to coordinate response efforts more effectively, building trust in Ghana’s digital economy, and creating a more resilient and secure digital ecosystem.

Cyber incident transparency and victim notification policies have become increasingly prevalent across the globe, reflecting a growing acknowledgment of the critical role transparency and accountability play in addressing cyber threats. Notable examples include initiatives in the United States, European Union, and Australia, each offering valuable insights into the potential benefits and challenges of implementing similar policies in Ghana.

In the United States, the Cybersecurity Information Sharing Act (CISA) of 2015 stands as a pioneering legislation that fosters collaboration and information sharing among federal agencies and private sector entities. This framework has significantly enhanced incident response capabilities and facilitated a more coordinated approach to cybersecurity.

Similarly, the European Union’s General Data Protection Regulation (GDPR), implemented in 2018, mandates breach notification requirements, compelling organizations to promptly inform supervisory authorities and affected individuals of data breaches. The GDPR’s emphasis on transparency and accountability has led to notable improvements in data protection practices and heightened awareness of cyber risks across the EU (European Union, 2016).

Australia’s Notifiable Data Breaches (NDB) scheme, introduced in 2018, has also been instrumental in promoting transparency and accountability. Under this scheme, organizations are mandated to report eligible data breaches to the Office of the Australian Information Commissioner (OAIC) and affected individuals. The NDB scheme has incentivized organizations to strengthen their cybersecurity measures and has contributed to a more transparent approach to managing data breaches (Office of the Australian Information Commissioner, 2018).

While these policies have demonstrated successes in enhancing incident response, fostering public trust, and promoting accountability, challenges remain, including the need for effective coordination, addressing privacy concerns, and ensuring adequate resources for compliance. By drawing lessons from international best practices and tailoring them to its unique context, Ghana can develop and implement effective cyber incident transparency and victim notification policies.

In Ghana, existing laws and policies provide a foundation for addressing cybersecurity concerns, but gaps remain in terms of incident reporting, transparency, and victim notifications. The Electronic Transactions Act, 2008 (Act 772), for instance, establishes legal recognition for electronic transactions and provides a framework for the protection of electronic communications and data. However, it lacks specific provisions related to incident reporting and victim notification.

Similarly, the Data Protection Act, 2012 (Act 843), governs the processing of personal data and imposes obligations on data controllers and processors to ensure data security and confidentiality. While the Act includes provisions for data breach notifications to the Data Protection Commission, it does not mandate notifications to affected individuals, limiting transparency and accountability in the event of a breach. This is very alike with the Cybersecurity Act,2020(Act 1038).

In practice, the effectiveness of these laws in addressing cyber incidents and protecting victims remains limited. The absence of clear guidelines for incident reporting and victim notifications contributes to underreporting and delays in response, leaving individuals and organizations vulnerable to exploitation and harm. Moreover, the lack of accountability and transparency undermines public trust in Ghana’s digital ecosystem and hinders efforts to combat cyber threats effectively.

Given these challenges, there is a compelling case for the implementation of a robust policy framework on incident transparency and victim notification in Ghana. Such a framework would provide clear guidelines and procedures for reporting cyber incidents, ensuring timely and transparent communication with affected individuals and relevant authorities.

Moreover, a comprehensive policy framework would align Ghana with international best practices and demonstrate its commitment to cybersecurity governance and protection of digital rights.

Challenges and Impact of Cyber Incidents in Ghana:

Ghana faces multifaceted challenges in cybersecurity, including limited awareness, inadequate regulatory frameworks, infrastructure gaps, and evolving threats. A lack of cybersecurity awareness among individuals and organizations makes them vulnerable to social engineering, phishing, and malware attacks. Despite efforts to enact cybersecurity laws and policies, gaps in enforcement persist, leaving the nation susceptible to cybercrime.

The impact of cyber incidents in Ghana is profound, with financial losses, service disruptions, privacy breaches, and national security threats. Ransomware attacks, data breaches, and financial fraud inflict direct financial costs and reputational damage on victims. Moreover, disruptions to critical services and infrastructure, such as DDoS attacks, undermine business operations and compromise sensitive data, posing significant risks to national security.

Addressing these challenges requires a concerted effort to increase cybersecurity awareness, strengthen regulatory frameworks, invest in cybersecurity infrastructure, and enhance collaboration between public and private sector stakeholders.

Use Case Demonstrating the Urgent Need for Enhanced Incident Transparency and Victim Notification in Ghana:

Ghana has witnessed several notable cyber incidents, underscoring the imperative for improved incident transparency and victim notification processes. One such incident occurred in 2017 when a major Ghanaian bank experienced a significant data breach, compromising the personal and financial information of thousands of customers due to a malware infection. Shockingly, the bank initially failed to disclose the breach to affected customers, highlighting a glaring lack of transparency and victim notification processes within the banking sector.

Similarly, in 2019, a ransomware attack targeted a government agency in Ghana, encrypting critical files and systems and disrupting essential services. Despite the severity of the attack, there was a delay in public disclosure, raising concerns about the government’s cybersecurity readiness and incident response capabilities. This incident underscored the need for timely and transparent communication to mitigate the impact of cyber threats on critical infrastructure and public services.

Moreover, instances of online banking fraud targeting individuals have been on the rise in Ghana, resulting in financial losses and identity theft. Scammers employ various tactics, including phishing emails and fake websites, to deceive individuals into disclosing their banking credentials or personal information (Bank of Ghana Fraud Report, 2019). However, due to underreporting and a lack of centralized reporting mechanisms, many victims remain unaware of the extent of the fraud or the steps they can take to protect themselves.

These examples highlight the real-world consequences of cyber incidents in Ghana and clearly shows how important an enhanced incident transparency and victim notification process is essential to empower individuals and organizations to respond effectively to cyber threats, minimize harm to victims, and strengthen Ghana’s overall cybersecurity posture.

Stakeholder Perspectives on Cyber Incident Transparency and Victim Notification Policies in Ghana:

Discussions with several stakeholders in Ghana’s cybersecurity ecosystem, including government agencies, cybersecurity experts, industry associations, and civil society organizations, underscore the urgent need for a robust policy framework on cyber incident transparency and victim notification. Despite acknowledging current challenges such as limited regulatory enforcement and evolving cyber threats, stakeholders have on several occasions highlighted the potential benefits of such a framework. These benefits include enhanced incident response capabilities, improved collaboration between public and private sectors, and greater public trust in government efforts to combat cybercrime.

Cybersecurity experts continuously hammer the importance of clear guidelines and protocols for incident reporting, transparency, and victim notification to minimize harm and mitigate the impact of cyber incidents. Industry associations emphasize the value of regulatory compliance and risk management practices to protect businesses from financial and reputational consequences. However, they also recognize the need for a comprehensive policy framework that provides clarity and guidance on incident response and victim notification processes.

Many civil society organizations advocate for greater transparency, accountability, and protection of digital rights in cybersecurity policies, emphasizing the importance of incorporating principles of privacy, data protection, and human rights. They call for inclusive policy development processes that engage diverse stakeholders and civil society representatives.

Recommendations for Developing and Implementing a Comprehensive Policy Framework:

To develop and implement a comprehensive Cyber Incident Transparency and Victim Notification Policy in Ghana, key recommendations include stakeholder engagement, clear guidelines and protocols, and a robust legal framework. Stakeholder engagement is essential to gather diverse perspectives and foster ownership of the policy framework. Clear guidelines and protocols should be established for incident reporting, transparency, and victim notification, defining roles and responsibilities and ensuring timely communication and collaboration.

Capacity-building initiatives, public awareness campaigns, and international collaboration are crucial components of the policy framework. Investment in capacity-building and training programs will enhance cybersecurity awareness and capabilities among individuals and organizations. Public awareness campaigns will educate citizens about cyber risks, their rights, and the importance of reporting suspicious activities. International collaboration will facilitate the sharing of best practices and resources to strengthen Ghana’s cybersecurity capabilities and resilience.

Continuous monitoring and evaluation are necessary to assess the effectiveness of the policy framework over time and make necessary adjustments. Feedback from stakeholders should be collected to address emerging challenges and evolving cyber threats.

In conclusion, the imperative for Ghana to enact a comprehensive Cyber Incident Transparency and Victim Notification Policy has been underscored. The discussion has emphasized the escalating cyber threats faced by the nation and the necessity for proactive measures to fortify its cyber resilience. Key recommendations highlighted the importance of stakeholder engagement, clear guidelines, capacity-building initiatives, and international collaboration in crafting and implementing such a policy framework.

In essence, the adoption of proactive measures, including the implementation of a robust policy framework on incident transparency and victim notification, is paramount for fortifying Ghana’s cyber resilience. By empowering individuals and organizations to effectively combat cyber threats and promoting cybersecurity awareness, Ghana can mitigate the impact of cyber incidents and pave the way for a secure digital future for its citizens.

By:
Daniel Kwaku Ntiamoah Addai.
Cyber Incident Response and Digital Forensic Examiner,
Threat Combat Ltd