53. Regulations

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Minister may make regulations with the concurrence of the Authority in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

(2)

In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister with the concurrence of the Authority may make regulations in respect of the following matters:–

(a)

amendment, addition to or variation of the conditions under Schedules I, II, III and IV;

(b)

identification of the third countries that ensure level of protection referred to in subsection (2) of section 26 taking into consideration, the relevant legislation, enforceability of the data subject’s rights and freedoms, international commitments, effective administrative and judicial redress availability for the data subjects whose personal data are being transferred;

(c)

specifying the fees and charges levied for any service provided under this Act;

(d)

specifying the categories and criteria of licenses to be issued under this Act;

(e)

providing for terms and conditions, form and duration, procedure for application, renewal, suspension, cancellation of such licences and appeal against the refusal, suspension or cancellation of licences;

(f)

charging of fees for the issue of licences;

(g)

specifying the conditions for providing appropriate safeguard for the rights and freedoms of data subjects relating to protection of personal data;

(h)

specifying the form and manner by which appeals may be made to the Authority under the provisions of this Act.

(3)

Every regulation made under subsection (1), shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such regulation.

(4)

Every regulation made under subsection (1), shall within three months after its publication in the Gazette be brought before Parliament for approval and any regulation, which is not so approved, shall be deemed to be rescinded with effect from the date of such disapproval, but without prejudice to anything previously done thereunder.

(5)

Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.

Read on from s 54

Part X

Interpretation

Read on from Part X