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TISL prepares brief for Personal Data Protection Bill

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The government is planning to introduce a Bill on Personal Data Protection to regulate the processing of personal data, while identifying and strengthening the rights of data subjects in relation to the protection of personal data.

Transparency International Sri Lanka (TISL) says, in a statement, that it has taken steps to create a legislative brief on the proposed Personal Data Protection bill of 2021 and has highlighted a number of recommendations that law makers should take into consideration when enacting this Bill into law.

The creation of a legal framework on personal data protection was necessary to safeguard human rights, especially at a time when information has become both a tool to be used by the people and against them.

The TISL thanks all the stakeholders who were involved in the drafting of the Personal Data Protection bill of 2021. The legislative brief highlights TISL’s five key recommendations for the Bill to become an effective law.

The recommendations are as follows.

1. Include a specific exception to ensure that the Right to Information Act is not overridden in case of an inconsistency.

2. Establish an independent Data Protection Authority.

3. Harmonize the understanding of ‘personal data’ between the Personal Data Protection Bill and the Right to Information Act. Such an amendment would ensure that when a request is made to obtain information under the Right to Information Act, the possibility that the request clashes with the Personal Data Protection Bill is minimized.

4. Remove ‘Financial Data’ and ‘Personal Data Relating to Offences, Criminal Proceedings and Convictions’ from the list of special categories of personal data. This will ensure that people’s right to access information pertaining to corruption and malpractices is not infringed.

5. Recognize ‘Journalistic purpose’ as a legitimate condition to process data.

The main purpose of these recommendations was to prevent the possibility that this particular Bill could in effect infringe on the Right to Information of the citizens of this country.

TISL’s Executive Director Nadishani Perera commenting on the importance of the proposed recommendations stated that, “If the law relating to Personal Data Protection infringes on the law relating to the Right to Information, there is a possibility that the public could lose faith in both of these laws. This could also lead to confusion between the agencies tasked with upholding these laws. Therefore, it is of paramount importance that steps are taken to amend the proposed legislation in order to ensure that both pieces of legislation are able to accomplish their expected goals”

It must also be highlighted that the establishment of an independent Data Protection Authority is vital to ensuring that the new legislation would not be abused by individuals or groups who aim to use the legislation to the detriment of the public.

Copies of the legislative brief created by TISL have been sent to Legal Draftsman Dilrukshi Samaraweera as well as Jayantha Fernando who heads the committee that drafted the Bill on Personal Data Protection.

The drafting of the Personal Data Protection Bill commenced in 2018. By December 2019 the bill was submitted for Cabinet approval and subsequently Cabinet approval was granted in January 2020.The original Draft Bill was also reviewed by the Attorney General and the drafting committee was able to incorporate all recommendations made by the Attorney General by October 2020.

The right to information as well as the right to ensure the security of personal data are both vital in a democratic framework. In such a backdrop TISL calls on the lawmakers of Sri Lanka to ensure that enacted legislation does not infringe upon any one of these rights.



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High-Level discussion on measures to curb illegal fishing, poaching, and drug trafficking activities under the guise of fishing

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A high-level meeting was held at the Parliament premises on 11 November to review strategies for curbing illegal fishing and poaching activities within Sri Lanka’s waters.

The meeting was co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources  Ramalingam Chandrasekar, Minister of Justice and National Integration Harshana Nanayakkara, and the Deputy Minister of Defence Major General Aruna Jayasekara (Retd).

The discussion focused on preventive measures, law enforcement actions, and inter-agency cooperation to effectively counter these emerging challenges. Several key issues, including poaching by local and foreign fishing vessels in local waters, expediting court cases related to arrested fishing boats, the use of unauthorized radio frequencies, and non-fishing activities such as smuggling carried out under the guise of fishing were taken up for delibration at the meeting.

Particular attention was given to the practice of  local fishing vessels deliberately disabling their Vessel Monitoring System (VMS) to engage in unlawful fishing and illicit activities within prohibited areas.

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Rasika Peiris assumes duties as Commissioner General of Elections

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Rasika Peiris assumed duties as the Commissioner General of Elections

Rasika Peiris assumed duties as Commissioner General of Elections today (14)  with the post falling vacant on the retirement of Saman Sri Rathnayake .

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NJC flays SJB leader for his pledge to implement 13A fully

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The National Joint Committee (NJC) has condemned SJB and Opposition Leader Sajith Premadasa’s recent declaration in New Delhi that he would fully implement the 13th Amendment to the Constitution.

Lieutenant General Jagath Dias (Retd) and Dr. Anula Wijesundera Co-Presidents of the NJC issued the following statement: The NJC is “shocked, dismayed, disappointed and disgusted” over the recent statement made by the Hon Leader of the Opposition during a private visit to India where he has said that he endorses and would fully implement the controversial 13th Amendment – to the Sri Lanka Constitution when he is elected to power.

NJC views this undertaking with a sense of betrayal and lookdown of the nation and as highly uncalled for and unbecoming of a sitting Member of Parliament representing the main opposition party.

The NJC views the 13th Amendment as obsolete as not only had the Indo-Lanka agreement been signed under duress but also India failed to honour their part of the agreement (to disarm the LTTE). As a result, the conflict dragged on for three decades and the thousands of Sri Lankan security forces personnel sacrificed of their lives, a vast number of Civilian Live’s were also lost.

NJC considers that it is pertinent to clarify the awareness of Hon Opposition Leader Sajith Premadas on following key concerns with regards to the 13th Amendment:

The 13th Amendment was imposed under foreign duress in 1987 under threat of military intervention. 

Nationally critical amendment signed without the consent of the Sri Lankan people (absence of sovereign consent) 

Persistence of separatist ideology overseas pursued by the separatist lobby groups with the support of Western governments. 

That it is a threat to national unity and the unitary nature of the state (Article 2 of the constitution) If land, Police and administrative powers are devolved. 

NE province Chief Minister at that time made a unilateral declaration of independence UDI in 1990.

That it would make the state all the more difficult to ensure the duty of the state to protect and foster the Buddha Sasana (Article 9) if devolved or subjected to regional authority. 

Awareness on successive supreme court rulings that sovereignty is indivisible and compromising core powers of the state to peripheral units directly threatens constitutional supremacy of the Parliament and National Security.

When the constitutionality of the 13th Amendment was challenged in the supreme court 5 out of 9 judges on the bench held it will not affect the unitary character of the constitution because so much power is vested in the executive president. However subsequent amendments to the constitution diluted the power of the executive president. Therefore, the 13th Amendment cannot be implemented as it would adversely affect the constitution.

N J C in the meantime would also wish to clarify if what was stated by the Hon leader of the opposition in India is his personal opinion / SJB’s opinion or his collective party memberships opinion please.

N.J.C’ upholds and categorically re-affirms its learned position that, “The divisive, un-constitutional 13th Amendment must be comprehensively reviewed followed by a referendum for public approval”

N.J.C urge all political leaders to act in the best interest of the nation, conduct with responsibility, patriotism and love for the nation and its people without succumbing to any sort of external pressure and manipulation that threaten the sovereignty of our motherland when representing the country locally or over-seas.

N.J.C calls all patriotic citizens to observe well before pledging allegiance with political parties and politicians who undertake to protect the territorial integrity and sovereignty of Sri Lanka not be agents for foreign nations.”

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