Central Bank of Sri Lanka Act 2023 · As enacted · Part XVIII · General Provisions
119. Confidentiality
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
No person who serves or has served as the
Governor of the Central Bank, any other member of the
Governing Board and Monetary Policy Board, a member of the Financial System Oversight Committee, or an employee of the Central Bank or in any other capacity under the authority of the Central Bank shall, except in the exercise, performance and discharge of such person’s powers, duties and functions under this Act or any other written law, permit access to, disclose or publicize any non-public information which he has obtained in the performance of his duties or use such information, or allow such information to be used, for personal gain.
Notwithstanding the provisions of subsection (1), any person referred to in that subsection may disclose non-public information outside the Central Bank, in accordance with procedures established by the Governing Board, if such disclosure-
is made in accordance with the written consent of the natural or legal person to whom such information relates;
is made as required by a court of law or to comply with any other provisions of this Act or any other written law for the time being in force;
is made to the external auditors of the Central Bank to such extent as is necessary to conduct the audit of the Central Bank;
is made to provide information to domestic or foreign regulatory, supervisory, or monetary authorities, or to public international financial institutions, in the exercise of their duties in relation to the Central Bank; or
is required in the interests of the Central Bank in any legal proceedings.
The Governing Board shall be entitled to determine the classification and accessibility of information held by or drawn up by the Central Bank.
Where, in any legal proceedings, a certified copy of any book or document of the Central Bank or of any entry in such book or document is produced, such certified copy shall be received as prima facie evidence of the existence of such book, document or entry, as the case may be, and shall be admitted as evidence of the matters, transactions or accounts therein recorded in every case where, and to the same extent as, the original book, document or entry is now by law admissible, but not further or otherwise.
In this Section, “certified copy” in relation to any book, document or entry, means a copy of such book, document or entry, together with a certificate written at the foot of such copy-
that it is a true copy of such book, document or entry;
that such book or document is still in the custody of the Central Bank; and
that such entry is contained in one of the ordinary books of the Central Bank, and was made in the usual and ordinary course of business, and such certificate being dated and subscribed with the name and official title of such officer as may be authorized for the purpose by the Governor of the Central Bank.
The provisions of the Right to Information Act, No.
12 of 2016 shall have effect notwithstanding anything to the contrary in this Act, and accordingly in the event of any inconsistency or conflict between the provisions of the Right to Information Act and this Act, the provisions of the Right to Information Act shall prevail in relation to any information of the Central Bank.
Part XIX