Personal Data Protection Act (Sri Lanka)
The Personal Data Protection Act, No. 9 of 2022 is a comprehensive data protection law enacted to regulate the processing of personal data in Sri Lanka. The Act aims to protect the privacy of individuals, establish rights for data subjects, and impose obligations on data controllers and processors.
Background
The Act was passed by the Parliament of Sri Lanka in 2022 to address the growing need for data protection in the digital age. It is designed to safeguard personal data while allowing for legitimate data processing activities.Key features
Scope and application
The Act applies to the processing of personal data:- Wholly or partly within Sri Lanka
- By controllers or processors domiciled or established in Sri Lanka
- Related to the offering of goods or services to data subjects in Sri Lanka
- Involving the monitoring of data subjects' behavior in Sri Lanka
Data Protection Authority
The Act establishes the Data Protection Authority of Sri Lanka as the primary regulatory body responsible for enforcing the law and promoting data protection practices.Rights of data subjects
The Act grants several rights to data subjects, including:- Right of access to personal data
- Right to rectification of inaccurate data
- Right to erasure
- Right to object to processing
- Right to withdraw consent
- Right to review automated decision-making
Obligations of data controllers and processors
Key obligations include:- Ensuring lawful processing of personal data
- Implementing data protection management programs
- Conducting data protection impact assessments in certain cases
- Appointing Data Protection Officers under specific circumstances
- Notifying the Authority and affected individuals of personal data breaches
Cross-border data transfers
The Act regulates the transfer of personal data outside Sri Lanka, requiring adequate protection measures or specific conditions to be met.Special categories of personal data
The Act provides additional protections for sensitive personal data, including data revealing racial or ethnic origin, political opinions, religious beliefs, health data, and biometric data.Penalties
The Act empowers the Authority to impose penalties for non-compliance:- For the first instance of non-compliance, a penalty not exceeding ten million rupees may be imposed.
- For subsequent non-compliances, an additional penalty of twice the amount imposed for the previous non-compliance may be levied.
Implementation timeline
The Act is being implemented in phases. The initial implementation schedule was established and subsequently amended by official gazette notifications:Phase 1: July 17, 2023
The following part of the Act came into effect as per Gazette No. 2341/59 :Part V – Establishment of the Data Protection Authority.
Phase 2: December 1, 2023
The following provisions of the Act came into effect as per Gazette No. 2366/08 :Part VI – Director-General and staff of the Data Protection Authority
Part VIII – Fund of the Authority
Part IX – Miscellaneous provisions
Part X – Interpretation
Phase 3: Repeal of March 18, 2025 Implementation Date
Initially, the following provisions were scheduled to take effect on March 18, 2025, according to Gazette No. 2366/08:Part I – Preliminary provisions
Part II – Rights of data subjects
Part III – Controllers and processors
Part VII – Penalties
However, this implementation date was repealed by Gazette No. 2427/34. Consequently, these provisions no longer have a confirmed implementation date, pending further government announcements.
Phase 4: Part IV (Pending)
According to the Data Protection Authority, Part IV, which addresses the 'use of personal data to disseminate solicited messages', will come into operation between twenty-four and forty-eight months from the date the Act was certified by the Speaker. The exact date for implementation of Part IV is yet to be determined.This phased implementation aims to enable sufficient preparation and compliance by organizations and relevant authorities. The repeal of the third phase indicates further governmental review before these provisions come into force.