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The revised Data Protection Bill now out

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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.

 

 



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The Government is taking steps to regulate early childhood education to ensure quality education while enhancing the professionalism of preschool teachers. — PM

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Prime Minister Dr. Harini Amarasuriya stated that the Government is taking steps to maintain early childhood education within an appropriate regulatory framework, while ensuring quality education by enhancing the professionalism of preschool teachers.

The Prime Minister made these remarks while participating in the awareness programme for preschool teachers of the Puttalam District on the National Early Childhood Education Curriculum Framework, held under the theme “A Safe World for Children, A Creative Future Generation” on Friday [16th of January] at the Sudasuna Hall in Chilaw.

The Prime Minister stated,

“The main objective of our government in 2024 was to bring about a transformative change in this country. We bear a major responsibility in achieving that transformation. When we assumed office, one of our primary responsibilities was to build a stable and resilient economy. However, I believe that with equal responsibility and commitment, our government has prioritized creating a transformative change in the education system of the country. We assumed office with that objective in mind. The discussions within our party and political movement on the necessary changes in education did not begin recently. They are the result of a long-standing process.

This transformation cannot be achieved overnight or within a single year. It is a step-by-step process. When implementing this decisive and qualitative change within the education system, it is essential to consider the system as a whole. We made this intervention by examining every stage of a child’s educational journey. Therefore, we have recognized early childhood education, from age one to age five, as an integral part of education and development.

Thereby, Early childhood development is viewed as the very first step of our education structure. At present, early childhood education exists in an unregulated manner. Our aim is to develop this early childhood education in an organized and systematic way, while enhancing the professionalism of teachers and ensuring quality education within an appropriate regulatory framework.

Accordingly, the Ministry of Women and Child Affairs and the Ministry of Education have jointly appointed a committee and initiated discussions to formulate a policy and curriculum framework for early childhood education. During the past year, we developed the preschool curriculum framework. We are working towards implementing a unified curriculum across all preschools in a structured manner. It is essential to integrate early childhood development with primary, secondary, and university education. Early childhood development is one of the most critical stages of an individual’s life. The responsibility of socializing the child, introducing them to society in a structured manner, and nurturing a disciplined, empathetic individual lies with you. This is not something that can be achieved at the primary level or beyond.

There is a common criticism that children are not taught letters and numbers at preschool. However, early childhood development is not about formal schooling. It is about helping children to develop their social skills.

It is also an objective of our government to ensure that both preschools and schools become places where parents can confidently leave their children, knowing they are safe.

We are aware of the issues relating to your allowances and pensions. Discussions have been held in this regard between the Ministry of Education and the Ministry of Women and Child Affairs. Granting due recognition to preschool certificates during school admissions is also very important, and the government’s attention has been drawn to all these matters”.

The event was attended by Minister of Public Administration, Provincial Councils and Local Government prof. Chandan Abayarathna; Members of Parliament Gayan Janaka, Hiruni Wijesinghe, and Mohamed Faisal; officials of the North Western Province Early Childhood Education Development Authority; and a large number of preschool teachers from the Puttalam District.

 

[Prime Minister’s Media Division]

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Police step up crackdown on organised crime after securing 95 Interpol Red Notices

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Police personnel accompanying a female suspect brought to Colombo yesterday

Police have stepped up their crackdown on organised crime, after securing Interpol Red Notices for 95 suspects believed to be hiding overseas.

Police Spokesman SSP F. U. Wootler told a media briefing yesterday that the move marked a major escalation in efforts to track down and extradite high-profile figures linked to organised crime syndicates and online fraud networks.

He said the strategy was already producing results. In 2024, Sri Lanka secured the return of 10 suspects through Interpol channels, while a further 11 were extradited in 2025 to face legal proceedings.

In addition to Red Notices, authorities have relied on formal legal mechanisms to overcome jurisdictional barriers. “During the 2024–2025 period, 21 suspects were extradited under the Extradition Act,” SSP Wootler said.

The briefing coincided with three more fugitives being escorted back to Sri Lanka yesterday following the issuance of Interpol Red Notices.

SSP Wootler said many of the fugitives had continued to coordinate criminal activities here from abroad, including sophisticated online scams, underscoring the importance of international cooperation.

Two male suspects, for whom Red Notices had been issued and who were overseas, and a female suspect wanted in connection with defrauding state funds, were flown back.

Following their arrival yesterday morning at Katunayake Airport, they were taken into custody by a team of officers from the CID.

The arrested suspects are residents of Kandana and Uragasmanhandiya, aged 30 and 52, respectively. The female suspect is a 56-year-old resident of Mount Lavinia.

The suspect residing in Kandana is an individual wanted in connection with an attempted murder. It has been revealed that while overseas, he is connected to a range of crimes, including orchestrating a shooting incident that resulted in a homicide in the Kandana area on 2025.07.03. This suspect has been handed over to the Officer-in-Charge of the Kelaniya Division for further investigations.

The one hailing from Uragasmanhandiya is a suspect wanted in connection with carrying out homicides using sharp weapons and being involved in a series of organised crimes in the Uragasmanhandiya area. This suspect has been handed over to the Officer-in-Charge of the Elpitiya Division for further investigations.

The female suspect, residing in Mount Lavinia, who is reported to have worked at an Embassy in 2014, is an accused in a case where the Criminal Investigations Department is investigating the defrauding of state funds. She has been sentenced to imprisonment, fines, and also ordered to compensate victims by the Colombo High Court.

“These operations were carried out with the strong support of the Government of the United Arab Emirates, including Abu Dhabi International Police, Dubai Police, as well as Sri Lankan diplomatic missions,” he said.

Interpol Red Notices function as international alerts requesting law enforcement agencies worldwide to locate and provisionally arrest individuals pending extradition.

Wootler said efforts would continue to identify and pursue suspects operating from foreign jurisdictions, particularly those involved in organised and cyber-related crimes posing threats to national security.

By Norman Palihawadane and Hemantha Randunu

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Julie’s exit gladdens Udaya’s heart

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Gammanpila eating milk rice during yesterday’s press conference to celebrate Ambassador Chung’s departure

Leader of the Pivithuru Hela Urumaya (PHU), Udaya Gammanpila, yesterday launched a scathing attack on outgoing United States Ambassador to Sri Lanka Julie Chung, accusing her of interfering in Sri Lanka’s internal affairs and exerting undue influence over recent political developments.

Addressing a press conference in Colombo, Gammanpila said Chung’s departure, after a four-year tenure, marked a “day of national relief,” claiming her presence had been harmful to the country.

He said patriots marked the occasion by sharing kiribath (milk rice), which he described as a symbolic celebration.

Gammanpila alleged that Ambassador Chung had remained in Sri Lanka longer than the customary three-year diplomatic term because of, what he described as, her success in bringing the country under American influence. Drawing comparisons with past foreign diplomats, he claimed that Chung was the most influential envoy since Indian High Commissioner J.N. Dixit in the 1980s. He alleged that successive Sri Lankan governments had failed to challenge what he described as interference by the envoy.

The PHU leader accused Chung of playing a behind-the-scenes role in the 2022 protest movement, commonly known as the Aragalaya, claiming it was orchestrated to destabilise the country. He alleged that young protesters were unknowingly “acting out a foreign script” under the guise of patriotism.

Gammanpila also alleged that Chung played a key role in elevating the National People’s Power (NPP), which he referred to as the “Malimawa” movement, into a governing force in 2024. He claimed the movement had been transformed from its earlier ideological roots into, what he described as, a pro-Western political project, asserting that President Anura Kumara Dissanayake had come to power with foreign backing. He cited a photograph shared on Chung’s social media account of her visit to the NPP headquarters as evidence of what he termed political proximity.

According to Gammanpila, Ambassador Chung’s public criticism of governance issues sharply declined following the change of government. He alleged that while she had frequently commented on incidents under previous administrations, she had remained silent on alleged corruption and governance failures over the past 14 months.

Turning to the future, Gammanpila urged caution regarding the incoming US Ambassador, Eric Meyer, stating that any engagement on religious or cultural matters should be viewed carefully. He called on President Dissanayake to pursue an independent foreign policy, free of external influence.

Gammanpila also criticised the government over, what he described as, repeated “policy blunders,” particularly in relation to issues affecting children and social values. He cited several instances, including proposals to promote Sri Lanka as a destination for same-sex couples, educational material controversies, and a recent People’s Bank advertisement that he claimed subtly promoted same-sex symbolism. While stating that he held no animosity towards the LGBTQ community, Gammanpila said he opposed, what he described as, attempts to influence children through state institutions.

In addition, the PHU leader condemned legal action taken by the Coast Conservation Department against nine individuals, including four Buddhist monks, for installing a Buddha statue within a coastal conservation zone in Trincomalee. He described the arrests as discriminatory, alleging that similar structures belonging to other religions and commercial entities had been overlooked.

Calling the current administration “anti-Buddhist,” Gammanpila urged authorities to apply the law equally and not just in words, and  “not to turn legal frameworks into instruments against Buddhism.” He also accused members of the government of ingratitude, alleging that many had once sought refuge in temples during periods of political violence.

By Anuradha Hiripitiyage

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