Recording job interviews in Ghana: Article 18, the Electronic Communications Act and the Data Protection Act, 2012 (Act 843)

Recording a job interview with a candidate in Ghana is lawful if you take part in the call and the candidate agrees. Article 18(2) of the Constitution protects the privacy of "correspondence or communication," section 73 of the Electronic Communications Act, 2008 makes interception without the authorization of the provider or user a criminal offense, and the Data Protection Act, 2012 (Act 843) requires prior consent unless an exception applies, notice of the purpose and recipients, and registration with the Data Protection Commission. Tell the candidate, ask, and keep the recording no longer than you need it. This is the position as of November 2026.

This page adds Ghana to our country series alongside Nigeria, Kenya and South Africa. It is for recruiters, agency consultants and hiring managers who interview candidates located in Ghana by video or phone, including from the US and Europe, and for agencies that place Ghanaian candidates with clients abroad.

Ghana's rules at a glance

Can you record a call you are part of in Ghana?

Yes, with the candidate's agreement. Article 18(2) of the 1992 Constitution says: "No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society" for listed public purposes. Section 73(1) of the Electronic Communications Act, 2008 (Act 775) then makes it an offense for a person who "intercepts or procures another person to intercept, without the authorisation of the provider or user, or a court order," or otherwise obtains unlawful access to communication transmitted over an electronic communications network, or who uses the content of a communication knowing it was obtained that way. Paragraph (h) covers a person who "is not the sender or intended recipient" of a transmitted message and interferes with or unlawfully discloses it. The penalty is a fine of up to 3,000 penalty units, up to five years in prison, or both, and up to 9,000 penalty units for a company, whose directors are deemed to have committed the offense.

We found no official text applying section 73 to a participant's own record of a call. A recruiter on the call is an intended recipient; a colleague, service or bot listening in without the candidate's knowledge is the risk. The data protection rules below require the candidate's agreement in any case, which settles the question in practice.

What does the Data Protection Act require before you record?

A recording or transcript of an interview is personal data. The Data Protection Act, 2012 (Act 843) sets eight principles in section 17, from accountability and lawfulness to openness and data subject participation, and then specific duties:

• Prior consent, with exceptions (section 20). "A person shall not process personal data without the prior consent of the data subject" unless the purpose is necessary for a contract the data subject is party to, required by law, protects a legitimate interest of the data subject, is needed for a statutory duty, or is "necessary to pursue the legitimate interest of the data controller." Under section 20(3), where the candidate objects, the processing must stop. For recordings, consent is the natural basis.
• Minimality (section 19). Personal data "may only be processed if the purpose for which it is to be processed, is necessary, relevant and not excessive." Ask yourself whether notes would do.
• Collect directly (section 21). Data must be collected directly from the data subject; collecting it from another source, such as a referee, is allowed in listed cases, including where the candidate has consented.
• Make the purpose known (sections 23 and 27(2)). Before collecting, ensure the candidate is aware of the nature of the data, the name and address of the person collecting it, the purpose, whether supplying it is discretionary or mandatory and the consequences of not supplying it, the recipients, and the rights of access and correction.

In practice: a written notice in the interview invitation, then a spoken summary and a clear question at the start of the call, with an offer to continue with handwritten notes if the candidate prefers.

Do you need to register with the Data Protection Commission?

If you are a data controller under the Act, yes. Section 27(1) says "a data controller who intends to process personal data shall register with the Commission," section 53 says an unregistered controller "shall not process personal data," and section 56 makes processing without registration an offense punishable by a fine of up to 250 penalty units, up to two years in prison, or both. Under sections 50 and 55, registration is renewed every two years and changes must be notified within fourteen days. The Commission's FAQs list registration fees by category, as of November 2026: GH¢156 for small businesses and startups, GH¢1,170 for medium entities, GH¢2,340 for large entities and GH¢5,000 for specialized industries. Its public register lets you check whether an agency or vendor you work with is registered.

What counts as special personal data in an interview?

Section 37 bars processing personal data relating to "the religious or philosophical beliefs, ethnic origin, race, trade union membership, political opinions, health, sexual life or criminal behavior of an individual" unless the Act allows it, for example with the person's consent or where processing is "necessary," which includes exercising a right or performing an obligation the law imposes on an employer. Do not ask about these subjects, including past convictions, unless a law requires the check for the role, and leave anything a candidate volunteers out of the notes and the scorecard.

Can candidates get the recording or transcript?

Yes. Section 35 requires a data controller to tell the candidate that their data is being processed, describe the data, the purpose and the recipients, and communicate the information to them "in an intelligible form." Where a decision that significantly affects the person is based solely on automated processing, the controller must also explain "the logic or rationale behind the decision." Section 35(10) requires compliance "promptly and in any event within forty days from the date of receipt of the request." If a recording includes another person, such as a second interviewer, section 35(4) limits disclosure of that person's data without their consent unless disclosure is reasonable in the circumstances. Our candidate data access requests guide has a workflow.

How long can you keep interview recordings?

Section 24(1) bars keeping personal data "for a period longer than is necessary to achieve the purpose for which the data was collected," unless a law, a lawful purpose, a contract or the candidate's consent supports longer retention. Section 24(4) adds a rule that fits hiring: a person who uses a record to make a decision about the data subject must keep it for the period a law or code of conduct requires, or, where there is none, "for a period which will afford the data subject an opportunity to request access to the record." Under sections 24(5) and (6), the record must then be destroyed, deleted or de-identified in a way that prevents reconstruction. A workable approach is to keep the notes and scorecard that support the decision for a stated period, delete audio sooner, and tell candidates the periods up front. Our retention policy template gives the structure.

What if you interview a candidate in Ghana from the US?

The Act may reach you. Section 45(1) applies it to a data controller established in Ghana processing data there, to a controller not established in Ghana that "uses equipment or a data processor carrying on business in this country," and where "processing is in respect of information which originates partly or wholly from this country." An interview recording of a candidate in Ghana is information originating from Ghana. Section 45(2) adds that a data controller "who is not incorporated in this country shall register as an external company." How the Commission applies that to an overseas recruiter with no Ghanaian presence is a question for local counsel. Your own state's law also governs your side of the call; see two-party consent states.

Act 843 has no general section on transfers abroad that we found. Section 30 requires a written contract with any data processor and, "where a data processor is not domiciled in this country," requires the controller to "ensure that the data processor complies with the relevant laws of this country." The Commission's FAQs advise against hosting data on a server in a country that does not regulate the processing of personal information. The Commission has also published a draft Data Protection Bill, 2025 that would repeal Act 843, establish a Data Protection Authority and add rules on cross-border transfers; we found it only as a draft on the Commission's documents page, so this page describes Act 843.

Can you use AI note takers or transcription?

Yes, with consent, notice that names the tool and where its data goes, a written processor contract under section 30, and security measures under section 28. Section 41 lets a person require that a decision significantly affecting them is not based solely on automatic processing, though section 41(4) excludes decisions made "in the course of considering whether to enter into a contract with the data subject," which may cover hiring decisions. Keep a human decision on every candidate anyway, and ask the vendor whether it trains models on your interviews, which would be a further purpose under section 25. Interview Signal, for example, captures audio on the interviewer's own computer with no bot joining the call, shows a read-aloud consent line with a one-click pause, and does not retain audio after transcription; the transcript is still personal data under the rules above. If you interview on WhatsApp, see how to record a WhatsApp interview.

A consent line for interviews with candidates in Ghana

"Before we start: I'd like to record and transcribe this call so I can
focus on you and keep an accurate record of your answers. The
recording is used only for this hiring process, shared only with [the
hiring manager / our client], stored with [vendor] in [country], and
deleted [period] after a decision. You don't have to agree. If you
say no, we'll continue with written notes, and it won't affect your
application. You can also ask for a copy of your data or ask me to
stop at any time. Do you agree?"

The line covers what sections 23 and 27(2) ask you to make known: who is collecting, why, who receives it, that agreeing is optional and what happens if the candidate declines, and the right of access. Keep the candidate's answer on the recording or in your system. More wording is in the interview recording consent script.

Checklist before you record interviews in Ghana

• Only interviews you take part in are recorded; no listeners or bots the candidate does not know about.
• Candidate's prior consent asked and noted; recording stopped if they object.
• Notice in the invitation covering the section 27(2) items, including recipients and that agreeing is optional.
• Registration with the Data Protection Commission in place, or local advice taken on whether you must register.
• No questions on religion, ethnicity, health, union membership, politics or criminal behavior without a legal basis.
• Written processor contracts, with overseas vendors bound to comply with Ghanaian law.
• Access requests answered within forty days; decision records kept for a stated period, audio deleted sooner.

Interviewing elsewhere in Africa? Compare Nigeria, Kenya and South Africa.