Personal Data Protection Act (Sri Lanka) Explained

Short Title:Personal Data Protection Act, No. 9 of 2022
Legislature:Parliament of Sri Lanka
Long Title:An Act to provide for the regulation of processing of personal data; to identify and strengthen the rights of data subjects in relation to the protection of personal data; to provide for the establishment of the Data Protection Authority; and to provide for matters connected therewith or incidental thereto
Citation:Personal Data Protection Act, No. 9 of 2022
Territorial Extent:Worldwide
Enacted By:Parliament of Sri Lanka
Date Enacted:March 9, 2022
Date Signed:March 19, 2022
Signed By:Speaker of the Parliament
Date Effective:July 17, 2023 (Part V)
December 1, 2023 (Parts VI, VIII, IX, X)
March 18, 2025 (Parts I, II, III, VII)
Administered By:Data Protection Authority of Sri Lanka
Bill:Personal Data Protection Bill
Bill Citation:Personal Data Protection Bill
Introduced By:Minister of Technology
Date Introduced:November 25, 2021
1St Reading:January 20, 2022
2Nd Reading:March 9, 2022
3Rd Reading:March 9, 2022
Keywords:Data protection, Privacy, Personal data
Status:not fully in force

The Personal Data Protection Act, No. 9 of 2022 (abbreviated PDPA) is a comprehensive data protection law enacted to regulate the processing of personal data in Sri Lanka.[1] 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[2] 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:

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:

Obligations of data controllers and processors

Key obligations include:

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:

The Authority considers several factors when determining penalties, including the nature and duration of the violation, the number of data subjects affected, and any actions taken to mitigate damages.

Implementation timeline

The Act is being implemented in phases:

  1. July 17, 2023: Part V (establishing the Data Protection Authority) came into effect.[3]
  2. December 1, 2023: Parts VI (Director-General and staff of the Authority), VIII (Fund of the Authority), IX (Miscellaneous), and X (Interpretation) came into effect.[4]
  3. March 18, 2025: Parts I (Preliminary), II (Rights of Data Subjects), III (Controllers and Processors), and VII (Penalties) will come into effect.

This phased implementation allows organizations and the government time to prepare for full compliance.

Impact and significance

The Personal Data Protection Act represents a significant step in Sri Lanka's digital governance framework. It aligns Sri Lanka's data protection regime with international standards, potentially facilitating cross-border data flows and digital trade. The Act is expected to enhance trust in digital transactions and services while promoting responsible data handling practices across public and private sectors.

See also

Notes and References

  1. Web site: Personal Data Protection Act, No. 9 of 2022 . . 19 March 2022.
  2. News: Personal Data Protection Bill passed with amendments . . 9 March 2022.
  3. Web site: Gazette No. 2341/59 . documents.gov.lk . 19 July 2022.
  4. Web site: Gazette No. 2366/08 . documents.gov.lk . 29 December 2023.