Data Protection Draft Bill being expedited, says ICTA

Tuesday, 24 November 2020 01:16 - - {{hitsCtrl.values.hits}}

The personal Data Protection Draft Bill is currently in its final stage of review and amendment by the Legal Draftsman’s Department, with the Drafting Committee assisting this process, a top official of the ICT Agency said.

Personal data protection legislation has been identified and recognised as a body of law that is most urgently required given the dynamics of digital strategies adopted by the Government and private sector.

In the context of COVID-19, the adoption of contact tracing solutions for its effective management by Health Authorities and the planned digital identity initiative, the draft bill on personal data protection is of paramount importance and strengthens the governance and administration of personal data.

As a result, this legislation has been given priority by ICTA Chairman and Board of Directors. ICTA is chaired by industry leader Jayantha De Silva. The Draft Bill was presented to the Cabinet of Ministers early this year and thereafter submitted to the Legal community on 20 February, at a forum organised by the Junior Bar Committee of the Bar Association. A stakeholder discussion was also held with Ceylon Chamber an thereafter the Attorney General had also given observations on the Draft Bill. TRCSL Director General Oshada Senanayake had also led a discussion and given TRCSL observations on the Draft Bill.

“The ongoing review and amendments would ensure that all pending issues and concerns are duly addressed,” ICTA’s Director/Legal Advisor Jayantha Fernando said.

According to him the Government has given priority to the implementation of this Bill and the Budget presented to Parliament in November 2020 referred to its importance. The establishment of institutional frameworks for the implementation of this legislation has been brought under the purview of the Presidential Secretariat and it is expected that implementation will be done through a Presidential Task Force, to be appointed in due course.

Fernando said several obligations had been imposed by this legislation on those who collect and process personal data (‘controllers’ and ‘processors’) such as limiting the processing of personal data to defined purposes in a manner that is proportionate and relevant whilst ensuring the security and confidentiality of the personal data.

In addition to these obligations, a whole new set of rights have been conferred to citizens under this new legislation, which are enforceable against a controller, known as ‘rights of data subjects’ which includes right to withdraw consent, right of access and right to rectification.

While stakeholders and public alike await eagerly for the implementation and thereby derive the benefits of the proposed personal data protection legislation, the current processes of review will be a catalyst to ensure its effectiveness and efficacy as a sound legal framework, Fernando said.