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    Statut concernant la Convention de Budapest

Statut concernant la Convention de Budapest

Statut : Partie Voir le profil légal

Politiques / stratégies en matière de cybercriminalité

In July 2015, the Ministry of Communications produced the final draft of the National Cyber Security Policy & Strategy, which has received Cabinet approval. The implementation of this strategy will would formed an effective structure for increasing Ghana’s cyber security by enhancing the sharing of information to provide a targeted, de-conflicted, national response.

This strategy provided the foundation for the creation of a new National Cyber Security Centre (NCSC) under the control of the NSC which will be is pivotal to improving communications and de-confliction among relevant organisations. Together with the formation of a National Cyber Crime Awareness Program and a National Cyber Security Crisis Management Plan the strategy improved awareness of cybercrime amongst the population and also the manner in which the Government responds to it.

Ever since its accession to the Budapest Convention in December 2018, Ghana has been working to operationalize the implementation of the related provisions. Ghana has a strong cybercrime and Data Protection legislation in place and has been redrafting in 2019 the National Cyber Security Policy, supported by GLACY+.

A significant development at national level is the Government’s decision to allocate a dedicated budget line for cyber security and cybercrime developments, which will be formalised in the Cyber Security Act, due to be adopted in the first quarter of 2020.

Ghana has been a hub for cybercrime capacity building in the Anglophone countries of the ECOWAS Region, and shared advices on cybercrime legislation drafting in Sierra Leone and in the Gambia, in the course of high level meetings on cybercrime legislative reforms supported by the GLACY+ Project.

In October 2019 Ghana held the National Cyber Security Awareness Month (NCSAM), which was supported and partnered by the Council of Europe through the GLACY+ Project. In the highlights, the ECOWAS Inter-Ministerial Round-Table was hosted in Accra, where Ghana was requested by the ECOWAS Commissioner to champion cyber security and fight against cybercrime in the region. During the NCSAM Ghana also organized a workshop on the operationalization of the 24/7 Point of Contact (CP), established under the Budapest Convention, and a Memorandum of understanding was drafted on the cooperation between the 24/7 CP and the private sector.

Institutions spécialisées

Ghana National CERT (CERT-GH) was established in August 2014 by the Ministry of Communications and is a positive step towards safeguarding GHANA’s cyber space.

The National Information Technology Agency (NITA) under the Ministry of Communications is responsible for enhancing Ghana governmental network infrastructure.

The Financial and Economic Crimes Court (FECC) is a specialized court that has been trained in hearing anti-money laundering cases and also handles other cybercrime cases.

The National Security Council (NSC) runs a cybersecurity working group that aims to steer Ghana`s law enforcement response to cybercrime and cyber security.

Ghana Police Service established a Cybercrime Unit as part of the Criminal Investigations Division (CID).

The Bureau of National Investigations (BNI) is the internal intelligence agency of Ghana and they have investigative jurisdiction to detain, arrest and interrogate over a wide range of criminal offences including cybercrime.

The Economic and Organized Crime Office (EOCO) is a specialized organized crime law enforcement and prosecution agency. Within EOCO`s mandate are the investigation and prosecution of serious offences that involve financial or economic crimes (in relation to the Government or state owned entity), money laundering, human trafficking, tax fraud, prohibited cyber activity and other serious offences.

The Data Protection Commission (“DPC”) is an independent statutory body established under DPA to regulate the processing of personal information and provide processes to obtain, hold, use and disclose personal information.

The Ministry for Gender, Children and Social protection is the Governmental institution responsible for assessing and reporting cases involving children. The Domestic Violence and Victim Support Unit (DOVVSU) (formerly known as the Women and Juvenile Unit) is a department of the Ghana Police Service that is tasked with the investigation and prosecution of domestic violence and child abuse cases.

The Financial Intelligence Centre (FIC) is responsible for monitoring transactions and flagging transactions that involve predicate offences. FIC has adopted a progressive role in investigating various financial offences including financing of weapons of mass destruction. FIC does not have power to freeze assets other than bank accounts and thus may not freeze assets such as crypto-currencies and virtual currencies that are used to commit cybercrimes.

Jurisprudence / droit jurisprudent

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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 

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