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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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