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Data Protection Bill to be gazetted in May

24 Feb 2021

 
  • 7 rounds of stakeholder consultations held last year

  • Final draft completed in December 

By Zahida Rizvi   The much-delayed Data Protection Bill is expected to be gazetted in May 2021, the Information and Communication Technology Agency (ICTA) told The Morning Business ICTA confirmed that the final draft of the Personal Data Protection Bill has been amended after consultations with various stakeholders. “ICTA conducted seven rounds of stakeholder consultations and held internal discussions to accommodate some of the recommendations that were given, and we completed the draft in December last year,” stated ICTA Chairman Lalith Gamage. The Bill aims to regulate the processing of personal data, designate a Data Protection Authority, safeguard the rights of citizens referred to as “data subjects”, and regulate the dissemination of unsolicited messages using personal data. The bill also includes measures to protect the personal data of individuals held by banks, telecom operators, hospitals, and other entities aggregating and processing personal data. The ICTA Chairman pointed out that the consultations have given them a lot of important feedback, and that the draft has been amended based on the matters discussed at the implementation committee. “A presidential expert committee was appointed to look at the implementation methodologies and strategy to ensure all angles are covered in the Bill, and following the completion of its translation into the three languages, we need to get the approval once more from the committee,” Gamage said. The Bill, when ratified into an Act, will be implemented in stages, so that the Government and private sector have enough time to implement it efficiently. Under the terms of the Bill, data will be processed only for specific purposes. However, it also provides that data may be processed for purposes in the public interest, and for scientific, historical, research, or statistical purposes. Under the Bill, private companies would have a duty of care, and therefore, are legally liable if in breach. Practically, safeguards would require implementation, and it is also important that the data protection legislation is not stringently regulated by increasing the administrative burden on businesses, thereby restricting innovation and causing barriers to trade. The Bill provides for the designation of public corporations, statutory bodies, or any other institution controlled by the Government or established under any written law, as the Data Protection Authority of Sri Lanka. Such an authority shall be responsible for all matters relating to personal data protection in Sri Lanka, and for the implementation of the provisions of the Bill. The processing of data will be undertaken by a controller who is defined as any natural or legal person, public authority, non-governmental organisation, agency, or any other body or entity, which alone, or jointly with others, determines the purposes and means of processing personal data.

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