Data Protection: A Conversation with Mr. Ben Brake

Have you ever opened the Instagram application and recoiled in shock as your explore page was suddenly littered with advertisements of content surrounding black handbags just like the one you had been describing to your best friend only minutes before? Many theories and speculations about how the government and private companies are actively mining the data of their users and employing them for purposes we are unaware of typically stem from similar experiences. The Data Protection conversations somewhat stem from these fears, not because we are unwilling to admit that the world we live in now relies on data of all sorts to function. Contention instead is birthed from the apparent disregard of consent of people’s data and its use, as well as the overall lack of transparency of what this would entail.

The University of Ghana School of Law was privileged to host the Director General of Digital Data and Policy in Germany, Mr. Ben Brake on a conversation surrounding “Data Protection and Regulation”.

The Main Speaker: Mr. Ben Brake

Mr. Ben Brake has led the Digital and Data Policy directorate-general at Germany’s Federal Ministry for Digital and Transport (BMDV) since March 2022. He previously spent a decade heading the International Business Machine’s Berlin office, advocating for the company’s policy interests. Such a role entailed policy development to ensure the IBM’s compliance with national data regulations. He also liaised with relevant stakeholders to develop regulatory strategies that benefit both the IBM and the broader digital economy. His current position is an extension of a lifelong dedication to reconciling technological advancement and digitalisation with fair competition, legal certainty, protection of data and transparency.

A Conversation with Mr. Brake

The attendees were pleasantly surprised with the laidback and down-to-earth disposition of Mr. Brake, who briefly explained Data Protection and then gave room for an interactive session which lasted just under an hour. He explained that Germany was working in tandem with other countries in what he termed as the International Data Dialogues. Recognising that the European Union and some Western Countries have developed strong data policies and frameworks for digital transformation, the dialogues are bilateral discussions with countries or stakeholders outside of this scope. The aim is to find a common ground and understanding which would lead to the facilitation of an international framework, promoting equality through regulations, directives and other such instruments.

Among the Republic of Korea, South Africa, Kenya and others, Ghana is a partner to these talks and regularly allows for these dialogues to take place. Mr. Brake simply expanded on the current state of Europe and Digital Policy, highlighting that the freedom of interpretation of legislation such as the General Data Protection Regulation (GDPR) has led to varied implications of what was aimed at protecting user’s data and leading to more independence and control over its use.

He also addressed the fact that Ghana, although having taken a step forward in passing the Data Protection Act, 2012 (Act 843), could go farther in implementing policies which promote transparency, protection and fair competition. His statements are ever so relevant in Ghana as it is the fifth largest economy in Sub-Saharan Africa and on a path to digitalisation; currently almost 60% of Ghanaians use Mobile Money and the nation is on its way to developing the “eCedi”, a digital currency. Following this, distinguished attendees such as a Member of the Data Protection Commission of Ghana requested to extend this Dialogue past the event of 14th March, in what we hope is a step towards more efficient Data Protection in Ghana.

Additionally, students asked key questions about how data privacy in the use of social media may be policed and Mr. Brake highlighted the need to keep these conversations open as social media still has a long way to go in terms of privacy of data and the likes. A controversial question from an attendee about how these dialogues would essentially be an imposition of the western ideology of Data Protection on African countries still fighting to break out of colonial chains was well addressed by the Speaker who explained that the purpose of conversation was more about common ground and universally accepted solutions instead of stringent policies and agendas which countries would be forced to adapt or else.

The Issue We Cannot Avoid

This conversation opened the eyes of many to the fact that in our modern world, digitalisation is inevitable as is the use of data. Companies require data to fuel AI and machine learning in order to develop relevant automations which erode tasks such as having to search through several floors of a library for a book. Governments, for instance, require large amounts of data as they digitalise citizens’ information to make court and administrative sectors more efficient and Amazon and other companies within the commercial sector seek to personalise our experiences so we do not search through thousands of items we would not take a second look at. From this conversation, we can understand that Data Protection is the issue we cannot avoid today because it becomes necessary to maintain autonomy over our data, understanding of its diverse use and more importantly, the ability to consent or deny its use. Mr. Ben Brake roused an interest and concern in these matters and for further knowledge, one can visit the International Data Dialogues website to follow along and find out if there are any meaningful contributions to be made as individuals to overall Data Protection.

As a follow-up, Legally Speakin announced a writing contest prior to its relaunch on the theme, Data Protection in Ghana. Explore our section, LSU Articles, to read the brilliant submissions of the top three applicants on the theme.

Written and Edited by: Lil Paula-Danielle Nterful, Gilbert Awuah-Ameyaw