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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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Mercury fears over coal imports: CEJ urges urgent standards, health probe

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Environmentalists have raised fresh concerns over possible mercury contamination linked to coal used at the Norochcholai coal power plant, warning that Sri Lanka still lacks binding standards on mercury content in imported coal despite mounting health risks in nearby communities.

Chairperson of the Centre for Environmental Justice (CEJ), Environmental Scientist Hemantha Withanage, said recent coal consignments suspected to be of inferior quality could contain elevated mercury levels, posing a threat to both ecosystems and human health.

“International studies show that mercury content in coal can vary significantly. For example, research on South African coal indicates a range between 0.01 and 0.49 ppm. However, Sri Lanka has still not established a maximum permissible mercury level for imported coal,” Withanage told The Island.

He pointed out that the environmental protection licence issued for the Norochcholai Coal Power Plant allows mercury emissions of up to 0.01 mg/Nm³, but stressed that regulating emissions alone is insufficient without controlling mercury content at the source.

“With no standard for mercury in imported coal, there is a serious regulatory gap. This raises legitimate concerns that recent shipments may contain higher mercury concentrations,” he said.

Withanage cited a 2018 CEJ study conducted in the Kalpitiya peninsula, near Puttalam, which found alarming levels of mercury exposure among women of childbearing age. According to the study, 28 out of 36 women—approximately 77%—had mercury levels in hair samples exceeding the internationally accepted safety threshold of 1 ppm.

“The most disturbing finding was a recorded level of 15.584 ppm in one individual. These women were regular consumers of fish from the Puttalam lagoon, suggesting a bioaccumulation pathway,” he explained.

The CEJ believes that mercury released during coal combustion at Norochcholai may enter the marine environment, eventually accumulating in fish consumed by local communities.

“Mercury is a potent neurotoxin. When released into the environment, it can transform into methylmercury and enter the food chain, particularly affecting coastal and fishing communities,” Withanage warned.

He further alleged that despite formally notifying the Central Environmental Authority and the North Western Provincial Environmental Authority at the time, there had been insufficient follow-up action.

He added:”We raised these findings years ago with the relevant authorities, but there has been little to no meaningful response. This is unacceptable given the potential public health implications.”

Environmentalists are now calling for immediate steps, including the establishment of national standards for mercury content in imported coal, independent testing of all coal consignments, and a comprehensive health assessment of communities living in proximity to the power plant.

They also stress the need for continuous monitoring of mercury levels in air emissions, marine ecosystems, and food sources such as fish.

“With growing evidence of contamination, authorities must act decisively. Public health cannot be compromised,” Withanage added.

By Ifham Nizam

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Heat Index at Caution Level in the Western, Sabaragamuwa, Southern, Eastern, North-western, Northern and North-central provinces and in Monaragala district.

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Warm Weather Advisory
Issued by the Natural Hazards Early Warning Centre
Issued at 3.30 p.m. on 02 April 2026, valid for 03 April 2026.

The Heat index, the temperature felt on human body is likely to increase up to ‘Caution level’ at some places in the Western, Sabaragamuwa, Southern, Eastern, North-western, Northern and North-central provinces and in Monaragala district.

The Heat Index Forecast is calculated by using relative humidity and maximum temperature and this is the condition that is felt on your body. This is not the forecast of maximum temperature. It is generated by the Department of Meteorology for the next day period and prepared by using global numerical weather prediction model data.


Effect of the heat index on the human body is mentioned in the above table and it is prepared on the advice of the Ministry of Health and Indigenous Medical Services.

ACTION REQUIRED

Job sites: Stay hydrated and takes breaks in the shade as often as possible.

Indoors: Check up on the elderly and the sick.

Vehicles: Never leave children unattended.

Outdoors: Limit strenuous outdoor activities, find shade and stay hydrated.

Dress: Wear lightweight and white or light-colored clothing.

Note:
In addition, please refer to advisories issued by the Disaster Preparedness & Response Division, Ministry of Health in this regard as well. For further clarifications please contact 011-7446491.

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Govt. toys with the idea of moving public sector work online

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Government authorities are exploring the possibility of shifting public sector work online on April 16 and 17, to maintain essential services while managing available fuel and energy amid disruptions linked to West Asia conflagration.

The proposal was discussed at the third meeting of the Cabinet-appointed committee on ensuring continuity of public services, chaired by Prime Minister Dr Harini Amarasuriya via a virtual platform, according to the President’s Media Division.

Officials highlighted that the Ministry of Health and Mass Media had reduced diesel consumption by 42% by March 31, reflecting wider government efforts to reduce fuel use across institutions. Awareness programmes on energy management at schools are scheduled for April 7 and 9, while universities are already operating online where feasible.

The Ministry of Public Administration confirmed that examinations, including the Grama Niladhari entrance test, have continued as planned. Key ministries, including Transport, Digital Economy and Justice, are maintaining operations by deploying essential staff and utilising online systems.

The committee also discussed launching a public awareness campaign to curb water wastage and promote alternative water sources, to be jointly conducted by the National Water Supply

and Drainage Board and the ‘Clean Sri Lanka’ initiative.

Guidelines for conducting official duties online have been prepared by the Ministry of Digital Economy, with a circular expected by April 20 following consultations with the Ministry of Public Administration. Plans were also reviewed to monitor daily energy consumption, fuel reserves, and public service attendance through a digital dashboard.The committee is scheduled to reconvene on April 8.

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