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Definition of Law
Technology and its Social, Legal,
and Ethical Context • Law denotes rules and principles, enforced by
the legislator to control and regulate people’s
behavior with a view to securing justice,
Introduction to the Law and Legal Systems in Sri Lanka peaceful living and social security.
• Law may be defined as the means by which
human behavior in societies is regulated.
• Law may be defined as the body of rules
which spells out the rights and duties of the
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various sectors in society.

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Nature of Law
What is Rule of Law
• No one is above the Law. Everyone is obey and confirm
to the law. • Rule of Law means that all are equal in the
• Ignorance of the law is not a defense.
eyes of Law
• Law is an integral part of the life. No civilized society
can function without a law. • All must have equal protection of the Law
• There could be Legal rules and moral rules • Everything should be done in due process of
– Legal rules are called laws and non legal rules are Law
called moral rules/customs/ethics
– Legal rules cannot be breached. It is punishable e.g. • Nothing shall be done arbitrarily, capriciously,
Cheating , robbery, rape, murder etc. or discriminately
– Non legal rules are not punishable; Drinking alcohol • Must be guided by the provisions of the Law
on Poya days, unmarried couple living together
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Sources of Law in Sri Lanka Legislation – The Parliament of Sri Lanka

• There are 7 main sources of Law in Sri Lanka • Acts
• Ordinance
– Legislation • Laws
– Judicial Precedents (Judges-Made Law or Case Law) • Delegated legislation
– Equity • IT Related Legislation in Sri Lanka
– Religion – Computer Crimes Act No. 24 of 2007
– Electronic Transactions Act No. 19 of 2006
– Customs – Evidence (Special Provisions) Act No.14 of 1995
– Public International Law – Payment Devices Frauds Act, No. 30 of 2006
– Payment and Settlement Systems Act, No. 28 of 2005
– Opinions of Jurists / Writers – Information and Communication Technology Act, No. 27 of 2003

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Judicial Precedents
• AKA Judges-Made Law, Common Law or Case Law.
• This was adopted in Sri Lanka due to the influence of
English Law.
• Judges do make law, especially the Judges of Superior
and High Courts.
• Supreme Court of Sri Lanka is the highest court of
justice in Sri Lanka.
• Any new matter not covered in existing law, a
judgment of a superior court will become law of the
future.
• Judges will make interpretation of the legislation in the
event of statutory provision is not clear.
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Religion
• Religion is a source of law accepted through
legislations.
• Muslim Law – for Marriages and divorce
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Opinion of Writers
• This is a characteristic of Roman Dutch Law
• RDL is predominantly based on the opinions of
legal experts rather than interpretation by
courts
• For Example:
– Prof. G.L. Peiris for Law of Property
– Justice C. G. Weeramantri for Contract Law
– E. B. Wickramanayake for Law of Delict
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Equity
• Equity means natural justice
• This is part of Law of England
• Equity is viewed as the just and reasonable
interpretation of the Law
• Where there are gaps in legal system, equity may be
used to fill such gaps
• Principles of Equity:
– Equity Follows the Law
– Those who come to courts must come with clean hands
i.e. that means they must not be wrong-doers or must not
violate the law.
Note: The concept of equity is different from other sources of law in
that it is not possible to set out specially the rules of equity. In fact it is
an abstract concept of principle behind the law.
Custom
Ancient and Well established, reasonable, yet uniformly
used Customs Laws are accepted in Sri Lanka
• Kandyan Law (Sinhalese Law):
– This is a clear evidence of powerful legal system prevailed
prior to foreign invasion. Now it is applicable as a personal
law for people who get designated as Kandyans for the
purposes of personal laws such as marriage, property rights
etc.
• Thesawalamai Law:
– It is still applicable in areas like Jaffna. The meaning of
Thesawalamai is something like “ Law of the Land” So it is
applicable for people live in a specific area.
• Muslim Law:
– Applicable as a personal law for Muslims especially in
marriages, divorces etc.
Public International Law
• Public International Law has three principal
sources: international treaties, custom, and
general principles of law.
• Related to the conduct of sovereign states
• Law affecting multinational corporations and
individuals
• Example: Disputes over international waters,
Human Rights, violation of territorial integrity
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Influence on Legal System in Sri Lanka Classification of Law

• Mainly there are three areas:
• Public Law
• Roman-Dutch Law
• English Law • Private Law
• Statute Law created by the Parliament • Civil Law
• Criminal Law
Roman
• Contract Law
English
Property Laws Dutch
Law
Criminal Law • Land Law
Law
• Commercial Law

Contract Law
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Private Law
Public Law
• Private Law is that part of a civil Law legal system
which is part that involves relationships between
• Public Law is that part of Law which governs individuals
relationships between individuals and the • Such as the Law of contracts or Law of Torts
government • Example: Civil Law, Labour Law, Commercial Law
• Public Law comprises: • Distinguished from Public Law, which deals with
relationships between both natural and artificial
– Constitutional Law persons (i.e., organizations) and the state,
– Administrative Law including regulatory statutes.
– Tax Law • In general terms, Private Law involves interactions
between private citizens, whereas Public Law
involves interrelations between the state and the
general population.
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Civil Law
• Persons against Persons, Not against society
• Non Criminal Law
• Most prevalent feature is that its core principles
are codified into a referable system which serves as
the primary source of law.
• A civil wrong usually takes the form of a breach of
contract in judiciaries
• The word “offence” is not used in civil matter
• Areas:
– Law of Property, Land Law,
– Family Law, Law of Obligations (Contracts Law
Tort/Delict Law)
• The Government does not interfere
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Criminal Law
• Apply to anyone who commits a criminal
offence
• A crime is described by the offence punishable
by the society
• Crimes committed against society
• Punished under penal code
• Government interferes

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Judicial Hierarchy of Sri Lanka IT Related Legislations in Sri Lanka

The Supreme Court • Information and Communication Technology Act
No.27 of 2003
The Court of Appeal • Evidence (Special Provisions) Act No.14 of 1995
• Intellectual Property Act No. 36 of 2003
The High Court • Electronic Transactions Act No. 19 of 2006
The District Court
• Computer Crimes Act No. 24 of 2007
• Payment And Settlement Systems Act, No. 28 of
The Magistrate The Primary Labour 2005
Court Court Tribunal
• Payment Devices Frauds Act No.30 of 2006
The Judicial Service Commission • Budapest Convention on Cyber Crimes
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Information and Communication

Technology Act No. 27 of 2003 Payment Devices Frauds Act No.30 of 2006
Part I:
• National Policy and Action Plan on ICT • Shall apply to all payment devices lawfully
• How to approve national policy framework, how appoints issued by an issuer
task force members on ICT and functions of the task force
Part II: • The act to prevent the possession and use of
• Mainly describes the content of committee, how the unauthorized or counterfeit payment devices
committee works on policies and their functions
• To create offenses
Part III:
• Establishment of ICTA of Sri Lanka • Applicable for illegal use of payment devices,
• Power and functions of ICTA tampering payment devices, without approval
• How to approve action plans, implementation of national capturing data etc.
policy, monetary aspects etc.
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Payment And Settlement Systems Act, Electronic Transactions Act No. 19 of 2006
No. 28 of 2005
• The act provides to recognize and facilitate:
• The act provides regulation for payment, • Electronic contracts
clearing, and settlement systems. • The creation and exchange of data messages and
electronic documents
• Provide for the regulation, supervision, and
• Appointment of a certification authority
monitoring of payment, clearing and
• Accreditation of Certification Service Providers
settlement systems • To facilitate domestic and international electronic
• Facilitate electronic presentment of cheques commerce by eliminating legal barriers, establish
legal mechanisms
• Central Bank charged with the responsibility
• Encourage e-commerce
of providing guidance and leadership • Promote public confidence
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Computer Crimes Act No. 24 of 2007 Computer Crimes Act No. 24 of 2007
Provisions in this Act introduced the criminal implication regarding Potential damage to take place, any one of the following
unauthorised access to a computer, computer program, data or
information and unauthorised use of a computer. should occur –

Generally computer crime consists of three components.
1) Computer Related crimes – Computers used as a tool for
criminal activity such as theft, fraud, etc.
2) Hacking offences – which affects integrity, availability and
confidentiality of a computer system or network (also includes
the introduction of viruses, worms etc.).
3) Content related Cyber Crime – where computers together with
Internet resources are used to distribute illegal data. E.g.;-
Internet based pornography, criminal copyright infringement
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a. Impairing the operation of any computer, computer system or
the reliability of any data or information held in any computer;
or
b. Destroying, deleting or corrupting or adding, moving or altering
any information held in any computer;
c. Making use of a computer service involving computer time and
data processing for the storage or retrieval of data;
d. Introducing a computer program which will have the effect of
malfunctioning of a computer or falsifies the data or any
information held in any computer or computer system (eg:-
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Computer Crimes Act No. 24 of 2007 Intellectual Property Act No. 36 of 2003
Investigating offences: The new Act introduces a new regime for the investigation
of offences. The value of legislating on this subject will be of no effect unless • Intellectual Property is NOT tangible because it is not a
investigations can be done efficiently and effectively. product of human dexterity but of human intellect.
• Provision has been included enabling a panel of experts to assist the Police in the • Intellectual Property Act No.36 of 2003 is the frame work
investigation. within which the Intellectual Property Rights are currently
• In terms of the role envisaged for experts they will assume jurisdiction only when their protected within Sri Lanka.
assistance is called for. • Intellectual Property is classified under several Headings in
• The Act empowers the experts with specific powers, such as visiting the scene of crime the Act:
for purposes of investigation, to access and examine computer systems, data or – Copyright and related rights
information held in a computer, etc.
– Industrial Designs
• The Act also provides for the retention and preservation of information required from
computer devices for the purpose of carrying out investigations. – Patents
• In carrying out investigations the law prescribes that legitimate business activity using – Marks & Trade Marks
computers should not be hindered and that strict confidentiality should be maintained in – Collective marks
respect of data and information. – Certification Marks
• The introduction of the concept of experts to the Act together with other provisions was – Trade Names and
necessary to ensure that the skilled task of accessing a computer is done only by a person – Layout Designs of Integrated Circuits to be given the protection of
who has the competence to perform an efficient detection while at the same time Law.
ensuring that the computer hardware and software is not damaged.
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Copyrights Patents
• Patents are granted for inventions with exclusive rights for a
• includes all creative and artistic works such as books, period of 20 years.
movies, music, paintings, photographs, folk lore,
• Invention according to the Act is, “an idea of an inventor which
sound recordings and computer programs etc. permits in practice the solution to a specific problem in the field of
• Copyrights need NO registration under the Act but technology”. An invention is patentable,” if it is new, but every
protected automatically by operation of Law. invention does not need to be patented.
• The general requisites for a patent application are : a request for
• The Act provides, “economic and moral rights shall be
grant of a patent with the name and address of the applicant,
protected during the life time of the author and for a Description of the invention, Claims, Drawings (if any), abstract ,
further period of 70 years of his death” where as details of the previous foreign application if any along with the
Protection for joint authorship, collective work, search report( if priority is claimed) etc, and the Power of attorney
anonymously published work and work of applied art in favour of the Attorney /Agent who represent the applicant in Sri
are indicated in certain other sections. Lanka.

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Trade Marks
Industrial Design
• Mark generally means “ a visible sign which is capable of
distinguishing the goods or services of different enterprises”.
• A mark may consists of a word, a symbol, a device, letters, • Legal protection for an Industrial design
numerals, a name, surname or geographical name, a combination expires on completion of FIVE years since its
or arrangement of colours and shapes of goods or containers etc. application for registration and can be
The visible sign must always be capable of distinguishing the
goods or services of different enterprises. renewed TWO consecutive periods in
• In Sri Lanka trademarks are registered for 10 year periods. accordance with the Sri Lankan Law.
• Unlike the other intellectual property Trade marks Registration
can be renewed for any number of times.
• Once you register your mark until the lapse of 10 year duration
the mark owner will have NO expenses regarding the
maintenance of the mark and every 10 year he has to renew the
registration.
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Proposed Data Protection Act (Sri

Data Protection Act of 1998 (UK)
Lanka)
• What is Data Protection • Sri Lankan Data Protection act is based on the
• What are the key areas British Data Protection Act of 1998 and
• Why Data Protection is important Computer Crimes Bill
• What are the gaps

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Data Protection Act of 1998 (UK)
Legal framework
•The Data Protection Act 1998 came into force in March 2001,
replacing the Data Protection Act 1984.
•The EU Data Protection Directive (also known as Directive
95/46/EC) is a directive adopted by the European Union
designed to protect the privacy and protection of all personal
data collected for or about citizens of the EU, especially as it
relates to processing, using, or exchanging such data.
•The Data Protection Act is how the UK implements the
European Directive.
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Data Protection Act of 1998 (UK)
The eight data protection principles
•Information must be:
• Fairly and lawfully processed
• Processed for specified purposes
• Adequate, relevant and not excessive
• Accurate and up-to-date
• Not kept for longer than is necessary
• Processed in line with individuals’ rights
• Secure
• Not transferred outside the European Economic Area without
adequate protection
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Data Protection Act of 1998 (UK)
The ICO and data protection
•The Data Protection Act makes the Information Commissioner
responsible for:
• promoting good practice in handling personal data, and
giving advice and guidance on data protection;
• keeping a register of organisations that are required to notify
him about their information-processing activities; and
• helping to resolve disputes by deciding whether it is likely or
unlikely that an organisation had complied with the Act when
processing personal data.
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The aims of the Data Protection Act of
1998
• Anyone who processes personal information
must comply with the eight principles
• It provides individuals with important rights,
including the right to find out what personal
information is held about them
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Data Protection Act of 1998 (UK)
Individual rights
• Right of access – individuals have a right to know what
information organisations hold about them on a
computer or in certain filing systems. Individuals can
submit a Subject Access Request to see or have a copy
of this information. This could include their medical
record, files kept by public bodies, or financial
information held by credit reference agencies.
• Right to prevent direct marketing – individuals have the
right to object to their personal information being used
to target them with unwanted marketing.
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Data Protection Act of 1998 (UK)
Enforcement
•If an individual believes they have been the
victim of a breach of the Data Protection Act
they can complain to the ICO.
•The ICO will make a judgement as to whether it
is ‘likely’ or ‘unlikely’ that the Data Protection
Act has been breached.
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Data Protection Act of 1998 (UK)
ICO’s data protection powers
• Conduct assessments to check organisations are
complying with the Act.
• Serve information notices requiring organisations to
provide the ICO with specified information within a
certain time period.
• Serve enforcement notices and 'stop now' orders where
there has been a breach of the Act, requiring
organisations to take (or refrain from taking) specified
steps in order to ensure they comply with the law.
Data Protection Act of 1998 (UK)
ICO’s data protection powers
(continued…)
• Prosecute those who commit criminal offences
under the Act.
• Conduct audits to assess whether organisations
processing of personal data follows good practice.
• Report to Parliament on data protection issues of
concern.

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