News
The revised Data Protection Bill now out
by Randima Attygalle
The Data Protection Bill which was presented to the Legal Draftsman’s Department for further amendments to some of the provisions in the original Draft Bill has been released.
The Information and Technology Agency of Sri Lanka (ICTA) has announced that several changes have been made to the substantive provisions of the original Draft Bill including re-arrangement of key provisions. The changes were based on the feedback of a number of stakeholders including the Central Bank of Sri Lanka, Attorney General’s Department and the Ministry of Justice.
The Chair of the Data Protection Drafting Committee and the Legal Advisor to ICTA, Jayantha Fernando notes that, further amendments to the Bill are, however, possible once the Draft Bill is presented to the Cabinet and published as a Bill.
The original Draft Bill was reviewed by the Attorney General (AG) for compliance with Article 77 of the Constitution and the preliminary observations of AG received by the Drafting Committee in July last year. The Drafting Committee’s responses to AG’s observations were also reviewed by the Independent Review Panel, Chaired by Justice K. T. Chitrasiri and this response was sent to the AG and the Legal Draftsman in October. This was followed by several consultations between the Legal Draftsman’s Department and the Drafting Committee, through November and December last year.
The draft legislation defines ‘data’ as ‘any data by which an individual is identifiable and this includes name, an identification number, location data and also factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identify of an individual’. Data protection is the right of a person to ensure that their personal data is not used, exchanged or even maintained without their knowledge.
The draft legislation Fernando told the Sunday Island imposes several obligations on those who collect and process personal data (‘Controllers’ and ‘Processors’). A new set of rights is also given to citizens under this new legislation, which are known as ‘Rights of data subjects’.
“For instance, personal data could be collected only for a specified purpose and not for any other purpose that is incompatible with the said purposes. However, processing data in public interest, scientific or historical research will not be considered incompatible. Personal Data has to be processed in a manner to ensure appropriate security, including protection against accidental loss, destruction or damage,” explains Fernando.
Data Subject (individuals) will also have the right to withdraw his or her consent given to Controllers and will also have the right to rectify the data without undue delay. Further, the Data Subjects have been given the right to object to processing of their data. These rights of Data Subjects can be exercised directly by the individuals with the Controller.
In the modern digital era where data is often at risk, both at individual and organizational level, this legislation becomes very relevant in view of certain measures introduced in the latest version of the Bill, points out the senior legal expert.
“Accountability measures for processing of personal data are required by the law to be implemented by government departments, banks, telco’s, companies etc. as forming a self-regulatory mechanism, referred to as ‘Data Protection Management Programme in the Law. There is also the right of appeal by citizens to the Data Protection Authority against the decisions made by entities which refuse their requests under the Law.”
Requirement for ‘Data Protection Impact Assessments’ (DPIA) by those entities doing high risk processing, becomes relevant in the context of digital adoptions in different organizations where individual data is collected. The Bill also defines criteria for cloud hosting of data under the provisions governing cross-border data flows and includes safeguards when data is hosted out of the country. Furthermore, the Data Protection Authority is vested with powers to give directives to the government and the private sector entities processing personal data and impose penalties in the event of non-compliance. There is a right of appeal from these decisions to the Court of Appeal.
Although laws on data protection have been in force in many parts of the world for several years, data protection is still a new concept to us. The drafting Committee, as it Chair explains, has taken into account international best practices, such as the OECD Privacy Guidelines, APEC Privacy Framework, Council of Europe Data Protection Convention, EU General Data Protection Regulation and laws enacted in other jurisdictions such as the UK, Singapore, Australia and Mauritius. “We have also studied the laws enacted in the State of California as well as the Indian Bill, when formulating the draft legislation,” Fernando remarked.
The U.S. Embassy in Colombo welcomed the U.S. Sports Envoys to Sri Lanka, former National Basketball Association (NBA) and Women’s National Basketball Association (WNBA) players Stephen Howard and Astou Ndiaye, from June 8 through 14.
The Public Diplomacy section of the U.S. Embassy said that it would launch a weeklong basketball program intended to harness the unifying power of sports, made possible through collaboration with Foundation of Goodness and IImpact Hoop Lab.
While in Sri Lanka, Howard and Ndiaye, both retired professional basketball players, will conduct a weeklong program, Hoops for Hope: Bridging Borders through Basketball. The Sports Envoys will lead basketball clinics and exhibition matches and engage in leadership sessions in Colombo and Southern Province for youth aged 14-18 from Northern, Uva, Eastern and Western Provinces, offering skills and leadership training both on and off the court. The U.S. Envoys will also share their expertise with the Sri Lanka Basketball Federation, national coaches, and players, furthering the development of basketball in the country. Beyond the clinics, they will collaborate with Sri Lankan schoolchildren to take part in a community service project in the Colombo area.
“We are so proud to welcome Stephen and Astou as our Sports Envoys to Sri Lanka, to build on the strong people-to-people connections between the United States and Sri Lanka,” said U.S. Ambassador Julie Chung. “The lessons that will be shared by our Sports Envoys – communication, teamwork, resilience, inclusion, and conflict resolution – are essential for leadership development, community building, equality, and peace. The U.S. Sports Envoy program is a testament to our belief that sports can be a powerful tool in promoting peace and unity.”
SJB Colombo District MP Mujibur Rahuman in parliament demanded to know from the government the reasons for CEB suspending the leave of all its employees until further notice from Thursday.
MP Rahuman said that the CEB has got an acting General Manager anew and the latter yesterday morning issued a circular suspending leave of all CEB employees with immediate effect until further notice.
“We demand that Minister Kanchana Wijesekera should explain this to the House. This circular was issued while this debate on the new Electricity Amendment Bill was pending. There are many who oppose this Bill. The Minister must tell parliament the reason for the urge to cancel the leave of CEB employees,” the MP said.However, Speaker Mahinda Yapa Abeywardena prevented Minister Wijesekera responding to the query and said that the matter raised by MP Rahuman was not relevant.
The Chartered Institute of Personnel Management (CIPM) successfully concluded the 8th Annual CIPM Symposium, which took place on 31st May 2024. Themed “Nurturing the Human Element—Redefining HRM in a Rapidly Changing World,” the symposium underscored the pivotal role of human resource management (HRM) in today’s dynamic global landscape. Since its inception in 1959, CIPM has been dedicated to advancing the HR profession through education, professional development, and advocacy, solidifying its position as Sri Lanka’s leading professional body for HRM.
Ken Vijayakumar, the President of the CIPM, graced the occasion as the chief guest. The symposium commenced with the welcome address by the Chairperson, Prof. Arosha Adikaram, followed by the Web Launch of the Symposium Proceedings and Abstract Book by the CIPM President. The event featured distinguished addresses, including a speech by Chief Guest Ken Vijayakumar, President of CIPM, and an address by Guest of Honor Shakthi Ranatunga, Chief Operating Officer of MAS Holdings Pvt. Ltd., Sri Lanka.
The symposium also featured an inspiring keynote address by Prof. Mario Fernando, Professor of Management and Director of the Centre for Cross Cultural Management (CCCM) at the University of Wollongong, Australia.
Vote of Thanks of the inauguration session was delivered by Dr. Dillanjani Weeratunga, Symposium Co-chair.
The symposium served as a comprehensive platform for researchers to present their findings across a wide range of critical topics in HRM. These included Cultural Diversity and Inclusion, Talent Development and Retention, Ethical Leadership and Corporate Social Responsibility, Adapting to Technological Advancements, Mental Health and Well-being at Work, Global Workforce Challenges, Employee Empowerment, and Reskilling and Upskilling.
The plenary session was led by Prof. Wasantha Rajapakse. Certificates were awarded to the best paper presenters during the valedictory session, followed by a vote of thanks delivered by Kamani Perera, Manager of Research and Development.
The annual symposium of CIPM was a truly inclusive event, attracting a diverse audience that spanned undergraduates, graduates, working professionals, research scholars and lecturers. This widespread interest highlights the symposium’s significance in the field of HRM, offering a unique opportunity for everyone to network and learn from scholarly brains.The CIPM International Research Symposium was sponsored by Hambantota International Port, Sri Lanka Institute of Information Technology (SLIIT), E B Creasy & Co. PLC, and Print Xcel Company.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
