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Legal Research Skills - Assignment

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Added on  2020-12-29

Legal Research Skills - Assignment

   Added on 2020-12-29

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Legal Research Skills
and Reasoning
Legal Research Skills - Assignment_1
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Data protection and privacy:Comparative perspective from Sir Lanka and Other jurisdiction .3
Data protection and privacy law reform Sri Lanka................................................................3
Strengths and weakness of Data protection and privacy law reform of Sri Lanka................5
Comparative perspective from Sir Lanka and another jurisdiction........................................6
Recommendations................................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12
Legal Research Skills - Assignment_2
INTRODUCTION
Data protection is the relationship between the collection and dissemination of data,
technology, the public expectation of privacy, legal and political issues surrounding them. This
laws are made in order to protect the information of individual. This assist in providing privacy
for data of the person. This assignment will include strength and weakness of data protection
legislation of Sri Lanka. The report will outline jurisdiction of Data protection and privacy from
other countries like India and UK. Moreover, it will suggest recommendation for improving this
legislation in order to have more effective data protection legislation in the country. This study
is based on data protection law reform of Sri Lanka with that of India and UK.
MAIN BODY
Data protection and privacy
Right to privacy is a fundamental right winch is given by every national’s constitution to
its every citizen. With advancement of technology the right to privacy has become a critical issue
which in many implications in towards individual liberty nowadays. The advancement
technology and digitization incidences of violation of the privacy through abusing personal data
and information and invasion in the privacy has becomes regular phenomenon (Chatterjee,
2018). With this the necessity of the exploration of the legal framework and mechanism which
have been employed to address the issue to ensure the right of privacy and protection to every
citizen in Sir Lanka and other comparative jurisdiction is seen. For the same strength and
weakness of Sri Lankan legal framework regarding right to privacy and data protection is
examined with two others jurisdictions.
Data protection and privacy law reform Sri Lanka
In Sri Lanka there is no specific Act that mention the name privacy but there are Act
which are made for protecting the data of the individual such as Electronic transaction Act 2006
and Computer Crimes Act, 2007. The Computer Crimes Act, 2007 of Sri Lanka that aims at
protecting the rights of privacy of people through penal sanctions. The Computer Criminal Act,
2007 which includes provisions regarding all types of cybercrimes but does not specifically with
person's right to data privacy. The authorities for data protection and privacy in Sri Lanka are
providing protection to the personal information of the people of Sri Lanka. This Act contains
provisions for protecting the information of individual (Ahluwalia and Bandyopadhyay, 2018).
The provision of this Act applies to person that commit offence which is related to computer
Legal Research Skills - Assignment_3
crime. Moreover, The Electronic transaction Act, 2006 which was made by the committee and
the objective of this Act is to facilitate domestic and international commerce by eliminating the
legal barriers. To protect public confidence in the authenticity, integrity and reliability of data
message and electronic communications (Van Dijk and et.al., 2018). Furthermore, Computer
Crimes, 2007 assist in ensuring data protection for providing privacy of information
(COMPUTER CRIME ACT, 2018). There are various rights to privacy for the information which
consist of right to information, restriction of processing etc. Moreover, In Sri Lanka another Act
for protecting the information is Information and Communication Technology Act, 2003.
This Act was implemented in order to provide support to government agencies regarding
information and communication strategies. This Act was not specific for data protection and
privacy but they are indirectly working to provide data protection and privacy for information of
individual by reducing the cybercrime. Moreover, this data protection and privacy helps in
protecting personal data of individual which will helps in reducing crime. Data protection and
privacy laws are important to secure the personal data of persons. This legislation assists in
providing help to those whose data is insecure by using effective system and software for
protecting data.
Data protection reforms Sri Lanka by using GDPR can be effective in
maintaining the data privacy of the individuals
of Sri Lanka which will helps in protecting the
information.
Legislations relevant with data protection Computer Crimes Act, 2007
The Electronic transaction Act, 2006
Information and Communication
Technology Act, 2003
Competent authorities: There are gaps in laws that regulate consumer
rights and data protection in digital platforms.
Moreover, It is identified that Electronics
transaction Act, 2006 which fails to protect
consumers in the digital age. Sri Lanka for
implementing data privacy measures must
adopt European Union's general data protection
Legal Research Skills - Assignment_4

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