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    PublicationOpen Access
    The Legal Debate on The Commercial Use of Personal Data - A Discussion of The EU GDPR Precedent
    (Faculty of Humanities and Sciences, SLIIT, 2022) Senanayake, H. R. C. T.
    Although the adoption of the Personal Data Protection Act No. 9 of 2022 in Sri Lanka marked a significant milestone in the commercial use of personal data, the regulation of data use is often debated among international policymakers due to the inherent controversy of the subject. This is especially seen in the European Union (EU) which has a stringent data protection scheme. In light of this legal debate, the discussion in this study centres around the key concern of appropriate regulation and balancing between two competing rights, namely, the freedom to commercially utilise user data in the digital economy, and the protection of the right to privacy and protection from unlawful processing of personal data of the consumer/user. Such an academic conversation is engaged in by deliberating on the legal implications of commercial use of personal data. To this end, the essay will first examine the existing legal systems for commercially processing personal data with specific attention to the EU General Data Protection Regulation (GDPR) of 2016 and the associated case law. Next, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e. as a facilitator of lawful commercial use of personal data and a guardian of privacy rights of data subjects. Thereafter, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e., as a facilitator of lawful commercial use of personal data and as a guardian of privacy rights of data subjects. The legal analysis is centralised on the EU personal data protection regime because it is a microcosm of development in general data protection law, which is widely accepted as a global persuasive precedent on the regulation of transnational commercial use of personal data.
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    PublicationEmbargo
    The Scope of the Data Protection Regime in Sri Lanka; The Way Forward
    (Faculty of Humanities and Sciences,SLIIT, 2021-09-25) Widanapathirana, S. H
    In the age of business where information is recognized as one of the most essential factors, the methods by which data is obtained and maintained can jeopardize the privacy of persons and may result in multiple violations of one’s rights. Thus, proactive measures imposed through legislation is a necessity as data protection is proven to be a concern that should not be treated as trivial. Sri Lanka has, within the past few decades, made individual attempts to ensure the safety of data in various fields including the banking sector, registration of persons and in relation to the usage of computer devices. However, it remains a question as to whether Sri Lanka has successfully afforded protection against modern-day perils. A comprehensive analysis of domestic legal provisions exemplified a clear collective attempt made by the local legislature to ensure protection for data at the domestic level. However, concerns in terms of the sufficiency of the existing legal provisions in the Sri Lankan legislative framework is notable when compared with different jurisdictions such as the United Kingdom which contains recent laws regarding the subject area of data protection. Even though Sri Lankan legislative framework consists of multiple laws in the discipline of data protection in varying capacities as an umbrella of protection, similar to the United States of America, improvements can be incorporated to guarantee optimum efficiency in protection for data. Hence, the conclusion that is made, considering the prevalent legal stance of Sri Lanka and the international standards, is to ensure the recognition of the Data Protection Bill of Sri Lanka to effectively address related challenges to a level satisfactory with accountability and diligence in line with the support of the existing legislative framework on data protection.