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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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Landslide Early Warnings issued to the districts of Colombo, Gampaha, Kalutara, Kegalle, Nuwara Eliya and Ratnapura

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The National Building Research Organisation [NBRO] has issued landslide early warnings to the Districts of Colombo, Gampaha, Kalutara, Kegalle, Nuwara Eliya and Ratnapura valid from 09:00 hrs on 23.05.2026 to 09:00 hrs on 24.05.2026

Accordingly,
LEVEL III [RED] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Deraniyagala, Ruwanwella and Dehiowita in the Kegalle district and Ratnapura, Ayagama, Kuruwita and Eheliyagoda in the Ratnapura district.

LEVEL II [AMBER] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Seethawaka and Padukka in the Colombo district, Attanagalla in the Gampaha district, Palindanuwara, Ingiriya, Bulathsinhala and Horana in the Kalutara district, Yatiyanthota in the Kegalle district and Pelmadulla, Kiriella, Kalawana, Nivithigala and Elapatha in the Ratnapura district.

LEVEL I [YELLOW] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Divulapitiya and Mirigama in the Gampaha district, Mathugama and Agalawatta in the Kalutara district, Bulathkohupitiya in the Kegalle district, and Ambagamuwa in the Nuwara Eliya district.

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Most people seeking green cards must now apply from outside US

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The US has announced a new policy that means most immigrants seeking a green card will have to leave the country and apply at an embassy or consulate abroad.

The US Citizenship and Immigration Services (USCIS) said on Friday that people seeking a change in status must do so through consular processing outside of the country “except in extraordinary circumstances”.

The move – a part of the Trump administration’s effort to curtail illegal immigration – closes a loophole that had allowed visa holders and visitors to apply for a green card while still in the US.

Critics of the policy say the longstanding system allowed families to stay together during the lengthy application process.

The new method could also make it difficult or impossible for some immigrants who leave the country in hopes of gaining a green card to return.

The USCIS policy memo states that people such as students, temporary workers or people on tourist visas need to go through the Department of State from outside of the US.

“When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency,” USCIS said, making the system “fairer and more efficient”.

On X, the Department of Homeland Security, which oversees USCIS, said: “The era of abusing our nation’s immigration system is over.”

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS Spokesman Zach Kahler said.

“From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances,” he continued.

Kahler said the policy allows the immigration system “to function as the law intended instead of incentivising loopholes” and that visits “should not function as the first step in the green gard process”.

It is unclear whether pending green card applications will be affected.

A spokesperson for the USCIS told the BBC that as the policy is rolled out, “people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path”.

“Others may be asked to apply abroad depending on individualised circumstances,” it said.

Being a green card holder, or lawful permanent resident, allows a person to live and work permanently in the US. Obtaining one is a multi-step process that can take months to several years.

There are currently more than a million legal immigrants waiting for approval on their adjustment of status green card applications, according to the Cato Institute’s director of immigration studies.

Kahler argued that following the law allows the majority of cases to be handled by the US State Department at consular offices abroad and frees up USCIS resources to focus on processing other cases that fall under its purview – such as visas for victims of violent crime and human trafficking, naturalisation applications, and other priorities.

The move is consistent with longstanding immigration law and immigration court decisions, the agency said. Immigration officers are being directed to “consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief”.

Michael Valverde, who was a senior official at USCIS under both Republican and Democratic administrations until his departure last year, said to the BBC’s US media partner CBS that Friday’s announcement would “disrupt the plans of hundreds of thousands of families and employers annually”.

“This is a largely unprecedented move that will limit lawful immigration to the US greatly,” Valverde said. “People who followed the rules faithfully now face tremendous uncertainty.”

The Trump administration has instated bans or restrictions on citizens from nearly 40 countries.

Another policy from the administration this year has paused all visa issuances to immigrant visa applicants from 75 countries.

Overstaying a US visa can lead to deportation, ineligibility for future visas and re-entry bans lasting up to 10 years, according to the US State Department.

[BBC]

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Flood warning issued to the Aththanagalu Oya basin extended until 0600AM on Monday [25]

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The warning mentioned in the flood warning message No. 01 issued for the Aththanagalu Oya basin on 22.05.2026 at about 5.30 am will be extended for the next 48 hours.

It is requested that residents in the area and vehicle drivers running through those areas  pay high attention in this regard by the . Disaster Management Authorities are requested to take adequate precautions in this regard

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