Regulation by invoicing: The systemic flaws in NITA's licensing push and the threat to Ghana's digital trust
The National Information Technology Agency (NITA) is attempting to mandate licenses for individual ICT professionals and general private tech businesses. NITA is leaning on the Fees and Charges (Miscellaneous Provisions) Act, 2022, and its subsequent 2023 Regulations to justify this action. NITA was established by the National Information Technology Agency Act, 2008 (Act 771), with a companion framework provided by the Electronic Transactions Act, 2008 (Act 772).
Act 772 explicitly limits NITA's certification powers to highly sensitive corporate services, specifically encryption and authentication. Section 38(1) of Act 772 contains an unambiguous, specific prohibition: "A licence shall not be issued or granted by the Agency to an individual." Without an operational Legislative Instrument (LI), NITA is relying on the Fees and Charges (Miscellaneous Provisions) Act, 2022.
By sliding pricing schedules for "IT Professional Licenses" and broad business certifications into a general financial instrument, the agency engaged in administrative bootstrapping. The Fees and Charges Act is a consolidated national pricing catalog.
Quick Summary
NITA's push for ICT professional licenses sparks debate in Ghana's tech sector - raising questions about regulatory overreach. Concerns grow that this move, justified through fees and charges, may undermine digital trust.
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