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TISL opposes draconian clauses in Data Protection Bill, urges MPs to address them before passing it

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The Transparency International Sri Lanka (TISL) yesterday called on Members of Parliament that the Data Protection Bill should not be passed until serious concerns are addressed.

It said in a release that the second reading of the Bill on Personal Data Protection is scheduled for today (09) and there are three key concerns about the Bill in its current form, adding that MPs should not rush through enacting the law until concerns are addressed.

 TISL statement: On 9th of March 2022, the Personal Data Protection Bill is scheduled for the second reading in Parliament. This Bill aims to regulate the processing of personal data by identifying and strengthening the rights of data subjects – persons whose data is held by a processor or controller. However, Transparency International Sri Lanka (TISL) remains deeply concerned about three key areas in this Bill, including the impact on certain rights and freedoms, if enacted in its current form.

 The creation of a legal framework on personal data protection can be viewed as an important step in safeguarding human rights, especially at a time when information has become both a tool to be used by the people and against them.

However, TISL’s three key concerns on this Bill are as follows:

1.  Severe impact on journalism – The Bill does not recognize ‘Journalistic Purpose’ or data processing in the exercise of freedom of the press or freedom of expression as a condition for processing data. This means that media, including broadcast media, will be restricted from using personal data when reporting, as they become data controllers and processors in the use of personal information of others for journalistic activities. TISL recommends that ‘journalistic purpose’ should be identified as a legitimate condition to process data, in order to ensure that access and publication of information for journalistic purposes is not unduly restricted?  

2. Data Protection Authority has wide powers, and is not independent – The Bill designates a ‘government controlled’ body as the Data Protection Authority.  The Authority does not have sufficient safeguards against political interference or attempts at diluting its powers and functions. Further, the Data Protection Authority, being a non-judicial and non-independent body, is given the power to investigate into sources of obtaining data and to impose penalties of up to Rs. 10 million per non-compliance on data controllers and data processors who fail to comply with the directives of the Authority. This has implications on the rights of persons in general and could also lead to the Authority seeking information regarding sources from journalists and media. TISL recommends that an independent Data Protection Authority is set up for the purposes of the Act.

3. Impact on the Right to Information – In its current form, the provisions of the Bill prevail over the provisions of any other written law, including the Right to Information Act, in case of any inconsistency. This can lead to derogation from the fundamental right to information, especially in practice. Therefore, TISL recommends including a specific exception to ensure that the Right to Information Act is not overridden in case of inconsistency.

Earlier in 2022 and in 2021, TISL officially raised these concerns with the Ministerial Consultative Committee on Technology and with all 225 Members of Parliament.

The draft framework on personal data protection which was produced in 2019 has two crucial points that could improve the current Bill. The preamble of the 2019 framework specifically refers to Sri Lanka’s constitutional Right to Information as a crucial right, recognising the need for the public interest to be balanced with the protection of personal data. The 2019 draft also called for the appointment of three members to the Government Controlled authority enforcing the Bill, through a public application process. This step could be crucial to ensure that the authority remains independent.

Since it is critically important that there is a harmonious formulation of the Personal Data Protection law with other existing rights and protections in the best public interest, TISL calls on all Members of Parliament and the Ministerial Consultative Committee on Technology to not rush through the process of enacting this important law, without ensuring that these concerns are addressed.

TISL Executive Director Nadishani Perera commenting on the matter noted that “If enacted in its current form, the Data Protection Bill could become a well-meaning law which could yet be abused. The Bill could be used to create a chilling effect in the media and among whistleblowers which would be a blow to Sri Lanka’s democracy.”



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Customs asked to resume probe or face legal action

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Rs. 16 bn BMW revenue fraud:

Public interest litigation activist Nagananda Kodituwakku has said he will initiate appropriate proceedings against Director General of Customs, Wimal S.K. Liyanagama, in terms of the Anti-Corruption Act No 9 of 2023, unless the Customs carries out a revenue fraud inquiry to recover approximately Rs 16 bn in lost government revenue.

General Secretary of Vinivida Foundation, and former Customs officer, Kodituwakku said that though the Department, in response to his request for a meeting to discuss the issue, in writing, assured them that the investigation was underway, they found that the actual situation was not so.

Kodituwakku alleged that the Customs Chief had neglected what he called statutory duties under the Customs Ordinance, by disregarding his request for a meeting.

Kodituwakku said the investigation into the importation of 1,728 brand new BMW vehicles, under the concessionary duty permits issued by the government for the public servants, between 2011 and 2014, had been stalled.

The civil society activist said that investigations had revealed the vehicles hadn’t been imported by the permit holders themselves but others. It also transpired that the value of the imported vehicles, mentioned in the commercial invoices, proforma invoices and the CusDecs, tendered to Customs in the names of the permit holders, were not the actual values for the vehicles in question.

The high-profile case has been handled by the Central Investigation Directorate, at that time headed by Murugesu Thayabaran, a batchmate of Kodituwakku.

The ex-Customs officer said that he had appeared as counsel for Thayabaran in Court of Appeal and was determined to bring the case to a successful conclusion. According to him, the importer, over the years, had been represented by nine President’s Counsel as the case dragged on from the time of P.S.M. Charles, Director General, Customs.

Kodituwakku made available letters he wrote to the Customs and other parties on this issue, to The Island. Pointing out that the Court of Appeal on 7 May, 2024, dismissed the importer’s final appeal regarding the case pertaining to the revenue loss of Rs. 16 bn, Kodituwakku said that although the court had cleared the way for the Customs probe, no action had been taken.

However, the Court of Appeal ruling was given before Liyanagama succeeded Seevali Arukgoda as DG Customs on 6 May, 2026. Liyanagama served as Director General of the Department of Management Services at the Treasury before the new appointment.

Kodituwakku said that he had also brought the Customs case to the attention of the Commission to Investigate Bribery or Corruption (CIABOC).

Emphasising the failure on the part of the Opposition to raise this issue, both in and outside Parliament, Kodituwakku said that since the exposure of the BMW scam, during Mahinda Rajapaksa’s presidency, there had been four presidents, namely Maithripala Sirisena, Gotabaya Rajapaksa, Ranil Wickremesinghe and incumbent Anura Kumara Dissanayake. Unfortunately, successive administrations had allowed the interested parties to drag the case. The lack of interest shown by political parties revealed that they not only protected those responsible but encouraged corrupt practices of allowing third parties to import vehicles in terms of permits issued to legitimate recipients of such permits.

Having campaigned on an anti-corruption platform, during the presidential and parliamentary polls in 2024, the NPP couldn’t, under any circumstances, turn a blind eye to this situation, Kodituwakku said, adding that even the IMF should be concerned of the failure on the part of successive governments to recover the money.

By Shamindra Ferdinando

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Outgoing Chinese Ambassador Qi Zhenhong bids farewell to Mahanayake Theras

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The outgoing Ambassador visiting the Maha Nayake Theras

Outgoing Chinese Ambassador to Sri Lanka, Qi Zhenhong, who is scheduled to conclude his tenure on July 31, visited Kandy on the afternoon of July 18 to pay respects and receive blessings from the Mahanayake Theras of the Malwathu and Asgiriya Chapters.

During the visit, the Most Venerable Thibbotuwawe Sri Sumangala Mahanayake Thera of the Malwathu Chapter and the Most Venerable Warakagoda Sri Gnanarathana Mahanayake Thera of the Asgiriya Chapter hailed the Ambassador’s dedicated service to the country.

The Malwathu Mahanayake Thera noted that Ambassador Qi had performed his duties as a diplomat to the highest possible standard. He stated that the Ambassador’s contributions during his nearly six year tenure, including assistance during natural disasters and support for economic, educational, cultural, and religious sectors, would never be forgotten.

Expressing his appreciation, the Mahanayake Thera remarked that he would like the Ambassador to remain in Sri Lanka even after retirement.

The Asgiriya Mahanayake Thera, Most Venerable Warakagoda Sri Gnanarathana Thera, also commended the Ambassador’s efforts in supporting infrastructure development during various natural disasters and praised his initiatives in strengthening the bilateral relations between China and Sri Lanka.

Reflecting on his tenure, Ambassador Qi Zhenhong stated that the Sri Lankan economy is gradually improving under the new government. He noted that the Chinese government fully supports the current government’s focus on industrial policy, state owned enterprise reform, and exports.

The Ambassador highlighted several ongoing collaborative projects, including an agreement to provide school uniforms, the reconstruction of 14 bridges destroyed by cyclones, and the upcoming arrival of the first batch of electric buses and vehicles.

“Sri Lanka feels like my second home,” the Ambassador said, adding that he is grateful for the generous support and sincere friendship extended to him by the people of Sri Lanka. He confirmed that while his tenure ends on July 31, he will continue to engage with Sri Lanka whenever possible.

The Ambassador also visited the Senior Member of the Asgiriya Chapter, Most Venerable Godagama Sri Mangala Thera, to receive further blessings, with other prominent members of the Maha Sangha also in attendance.

By S.K. Samaranayake

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Move to extend retirement age of top judges: BASL asks govt. to stop process pending meaningful consultations

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(From left: Rienzie Arsecularatne, Rajieev Amarasuriya and Pasindu Silva

President of the Bar Association Rajeev Amarasuriya yesterday (21) briefed the media regarding the action taken by them to discourage the NPP government from increasing the retirement age of superior court judges.

Amarasuriya, flanked by BASL Deputy President Rienzie Arsecularatne (right) and Treasurer Pasindu Silva reiterated their strong opposition to the alleged move. The briefing took place at Dr. H.W. Jayawardene QC Auditorium, BASL Secretariat, Mihindu Mawatha.

Pointing out that the move to bring in a constitutional amendment to facilitate the project would be detrimental to the judiciary and the country, the BASL requested an opportunity to meet Justice Minister Harshana Nanayakkara to discuss the issues at hand.

The BASL proposed that the delegation would consist of members of the Executive Committee, President’s Counsel and senior members of the legal fraternity.

Amarasuriya said that the BASL was willing to assist the Justice and National Integration Ministry in a consultative process in case the government decided to do so. “We sincerely hope that no further steps will be taken in relation to this proposal until meaningful consultation has taken place with the principal stakeholders of the justice sector,” Amarasuriya said.

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