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TISL opposes draconian clauses in Data Protection Bill, urges MPs to address them before passing it
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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Govt. urged to take action against deputy minister
Allegation of doing business with state:
Civil society activist Oshala Herath has said that regardless of the political party one represents, all members of Parliament should abide by the law of the land. Herath said so when The Island sought his response to a report that he was planning to move court against Deputy Minister Eranga Weeraratne, Deputy Minister of Digital Economy, accused of holding the top positions at Omobio (Pvt.) and Eimsky Business Solutions (Pvt.) Ltd., at the time of the nominations, and took oaths as a National List MP of the NPP government.
President Anura Kumara Dissanayake is the Minister of Digital Economy, in addition to being Minister of Defence and Finance.
Herath is the Chairman of Abhinawa Niwahal Peramuna. Herath, whose legal challenge to SJB MP Diana Gamage over her citizenship issue, led to her removal from Parliament by the Supreme Court on 08 May, last year. He said the latest case underscored the responsibility on the part of political parties to ensure transparency in the nomination process as well as in the finalisation of National List.
Herath pointed out that the court rulings on petitions filed by him against two serving MPs were pending. He moved court against Jaffna District Independent MP Ramanathan Archchuna for handing over nominations to contest the 2024 November parliamentary elections without resigning from his post as a government medical officer. He also moved court against Minister of Rural Development, Social Security and Community Empowerment, Dr. Upali Pannilage, alleging that he had been an employee of the University of Ruhuna at the time he was declared an MP and subsequently appointed as a Cabinet Minister.
Our efforts to contact Deputy Minister Weeraratne were in vain. Our calls went unanswered.
Pointing out that there were many attorneys-at-law in the current Parliament, Herath emphasised the responsibility on their part to take up the issue. The Speaker should, on his own, inquire into such allegations in addition to the Parliamentary Privileges Committee stepping in, Herath said. Responding to another query, Herath said that such violations as well as cases of conflict of interests were far more serious than the recent controversy over NPP National List MP Asoka Ranwala’s educational qualifications.
SJB MP Ajith P. Perera told The Island that the Deputy Minister concerned admitted in Parliament that he had held top posts in the companies mentioned at the time he took oaths as an MP. Therefore, there couldn’t be any ambiguity with regard to his fault. Perera said that the conflict of interest issue involving NPPer was far more serious.
Referring to the issue at hand that had been first raised by SJB lawmaker Amila Prasad Siriwardena in Parliament during committee stage of the debate on the 2026 Budget, Attorney-at-Law Perera said that Weeraratne’s companies were engaged in mega business deals with the government. Declaring that they had secured contracts for government projects since 2019, Perera said that one of the companies Weeraratne was involved in had recently won a major contract from the incumbent government regarding the electronic ticketing system.
Kalutara District MP called for a comprehensive inquiry into the issue as the NPP had come to power, accusing all other political parties of waste, corruption, irregularities and mismanagement of state funds. MP Perera queried whether the current dispensation followed proper procedures in selecting Weeraratne’s company for the ticketing project
Both Herath and Perera urged the JVP and NPP to look into what they called the Weeraratne affair.
Over the years, several MPs had been disqualified to hold parliamentary seats. Dr. Rajitha Senaratne is one of them. When the Court of Appeal dismissed Dr. Senaratne from Parliament for being a supplier to the government, Ranil Wickremesinghe brought him back to Parliament, through the National List.
MP Perera said that since the last parliamentary election, the NPP had been embroiled in many controversies, including the release of 323 containers from the Colombo Port, in January this year, followed by signing of seven Memorandums of Understanding (MoUs)/agreements with India in April.
By Shamindra Ferdinando
News
India sends stock of life-saving medicines
The government has appealed to India for immediate help to overcome the serious shortage of life-saving drugs and injections.
The Sri Lankan High Commission in New Delhi confirmed the appeal made by the government. The following is the text of statement issued by the Sri Lankan mission in New Delhi: “The Foreign Secretary of India, Vikram Misri, over the weekend handed over a consignment of urgently required essential medicines to Sri Lanka’s High Commissioner to India, Mahishini Colonne, in New Delhi. The assistance, extended in response to a request from the Government of Sri Lanka, forms part of Operation Sagar Bandhu, India’s humanitarian mission supporting Sri Lanka’s relief, recovery, and reconstruction efforts following the devastating Cyclone Ditwah.
The consignment consists of over 400 boxes of life-saving medicines and injections, which will be airlifted to Colombo by an Indian Air Force C-17 aircraft, alongside further additional relief assistance from India.

Deputy Indian High Commissioner Pandey shaking hands with Health Minister Dr. Nalinda Jayathissa
Foreign Secretary Misri reiterated the condolences of the Government and people of India for the tragic loss of lives and the extensive damage to infrastructure caused by the Cyclone. He reaffirmed India’s steadfast commitment to supporting Sri Lanka’s immediate humanitarian needs as well as rebuilding and reconstruction efforts. He also highlighted India’s readiness to work with Sri Lanka on a mix of initiatives tailored to the needs of affected communities.
High Commissioner Colonne conveyed the sincere appreciation of the President, Government, and people of Sri Lanka for India’s timely, continuous, and sustained support, and handed over to the Foreign Secretary, a letter of gratitude from the President of Sri Lanka to the Prime Minister of India.
Describing the extensive nature of the damage, the High Commissioner appreciated the ongoing and consistent engagement of the Indian High Commission in Colombo, in collaboration with government officials and local authorities in coordinating relief, rescue, and recovery efforts.

SLAF personnel unloading medicine from IAF transport plane
The High Commissioner also requested India’s support in sharing its expertise and leadership in enhancing disaster-response capabilities and disaster-resilience frameworks, especially lessons from Odisha and Andhra Pradesh, both globally recognized for their advanced disaster resilience frameworks. Apart from this support that is under discussion, the New Delhi-based Coalition for Disaster Resilient Infrastructure (CDRI) has also been requested to undertake a visit to Sri Lanka to explore avenues for strengthening Sri Lanka’s disaster resilient infrastructure capacities. Noting the importance of having an effective and real-time warning system, efforts are being made to deploy a team to explore the establishment of an early warning system that would provide real-time geo-targeted alerts to citizens.
The High Commissioner reiterated Sri Lanka’s gratitude to the Government and people of India for their continued solidarity under Operational Sagar Bandhu, reaffirming the strength of the longstanding partnership between the two nations.”
News
George Keyt Foundation contributes to national disaster relief efforts
The George Keyt Foundation (GKF) has extended meaningful support to the Government of Sri Lanka’s disaster relief efforts following the severe devastation caused by Cyclone Ditwah.
The text of the press release issued by the GKF: “In 2023, the Foundation undertook its first major fundraiser in recent years by issuing 30 numbered limited edition prints of Kangodi Rangi, a painting by George Keyt entrusted to the Foundation. Twenty-eight prints were acquired by donors to support charitable causes, while another was gifted to the President’s collection. Print Number 1 of 30 was retained to support the Foundation’s long-term priorities.
In light of the unprecedented impact of Cyclone Ditwah and the urgent national need for disaster assistance, the trustees unanimously resolved to seek a donor for Print Number 1 of 30, with clear disclosure that the proceeds would be channeled directly to the Government’s disaster relief programme. This appeal received an immediate response, resulting in a private donation of Rs. 3 million.
The contribution was formally handed over to Prime Minister Harini Amarasuriya for utilisation in the Government’s ongoing relief and recovery efforts.
The George Keyt Foundation is honoured to support the people of Sri Lanka at this critical moment and reaffirms its commitment to serving national needs while preserving and promoting the artistic legacy of George Keyt.
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