Law library · Sierra Leone · The National Communications Authority Act, 2022
Section 155, The National Communications Authority Act, 2022
Status not yet checkedThe National Communications Authority Act, 2022, Sierra Leone
(1) A licensee or any authorized business providingcommunications services may collect, store or use personal data for
a purpose which is lawful, specific and explicitly defined.
(2) Any licensee, person or entity that is involved in the
collection, storing or processing of personal data shall not process
personal data, unless-
(a) the individual whose personal data is being
collected, consents to the processing for one
or more specified purposes;
(b) the processing is necessary for the following-
(i) the performance of a contract to which
the data subject is a party or in order to
take steps at the request of the data
subject before entering into a contract;
Personal data.
No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022
152. (1) In respect of their specific service and provisions
contained in this Act or statutory instruments made under this Act a
licensee shall-
(a) enter into a service contract with consumers
at the commencement of providing the service
stipulating the services to be provided, the
rights and obligations of the parties and the
applicable remedies available to the customer
and both parties shall attest to the agreement
(b) meet the standards of quality of service as
the Authority may specify;
(c) establish corresponding service level
agreements applicable to each service it offers
to the public and the contract should be
submitted to the Authority for its approval;
(d) honour all terms under its service level
agreements
(e) address consumer complaints satisfactorily
with the utmost priority
(2) Mobile network services shall be deemed to have
complied with paragraph (b) of subsection (1) by publishing the
terms and conditions on its website and as much as possible, on
sales materials .
(3) Where a dispute arises between a consumer and a
licensee on the interpretation of a service level agreement that has
not been submitted to the Authority for approval prior to the dispute
or complaint and the dispute is submitted to the Authority for
resolution, the decision of the Authority shall prevail over the
provisions in the service contract.
(2) A licensee that contravenes this Section is liable to
a fine to be determined by the Authority.
153. (1) Where a licensee for the purpose of running
promotions to increase access or usage of its services seeks to offer
preferential or differential tariffs, subject to complying with the floor
price, the Authority shall grant permission subject to–
(a) clearly stating the objective of the promotion;
(b) the tariff differentials that shall apply from
the normal market conditions; and
(c) the duration of the promotion
(2) On demand by a consumer a licensee shall provide
the consumer with a detailed invoice regarding the communications
services provided.
154. A consumer shall be entitled to the following-
(a) a statement of his rights and obligations;
(b) a prior notice, individual or public, with regard
to any change in tariffs;
(c) the right to be notified about planned
interruption or termination of services;
(d) a copy of a periodically updated directory
where applicable;
(e) the right to opt out of unsolicited electronic
messages;
(f) instructions for the use of the service and a
statement of his rights and obligations;
Rights of
consumers.
114 115
Obligation of
licensee.
Preferential
or differential
tariffs.
No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022
(ii) compliance with any legal obligation to
which the controller is subject;
(iii) to protect the vital interests of the data
subject or another person;
(iv) the performance of a task carried out in
the public interest or in the exercise of
official authority vested in the
controller;
(v) the performance of any task carried out
by a public authority;
vi. the exercise, by any person in the public
interest, of any other functions of a
public nature;
(vii) the legitimate interests pursued by the
data controller or data processor by a
third party to whom the data is
disclosed, except if the processing is
unwarranted in any particular case
having regard to the harm and prejudice
to the rights and freedoms or legitimate
interests of the data subject; or
(viii) the purpose of historical, statistical or
scientific research.
(3) Any person or business that is involved in the
collection, storing or processing of personal data shall ensure that
personal data is-
(a) processed in accordance with the right of
privacy of the data subject;
(c) the absence of infrastructure coverage;
(d) any barriers to the use of available services;
(e) the commercial viability of network facilities
of communications services in particular
areas or communities.
(3) The Authority shall ensure the implementation of
universal service as the minimum set of services of specified quality
to which end-users have access at an affordable price in light of
specific national conditions in Sierra Leone.
(4) The Authority shall indicate to the Minister the remote
communities that are not served or are under-served.
PART XXXI-UNIVERSAL ACCESS DEVELOPMENT FUND
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