Digital Identity, Consent, and Constitutional Privacy in Ghana: Re-reading Article 18(2) After The Supreme Court Decision in Gorni v Vodafone Ghana Ltd

The disagreement, properly understood, is not about whether Gorni suffered a wrong. Every member of the Court appears to have accepted that something had gone seriously awry. The disagreement is about the source and reach of the remedy. The majority located the wrong in the Constitution and thereby made consent and verification into constitutional requirements binding on every state-linked identity system. The dissent located the wrong in statute and thereby preserved a narrower, more textually disciplined reading of Article 18(2). Which of these is the better law depends on questions of constitutional theory that the next two parts of this article take up directly.