Page 21 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
12 , the right to correction and erasure of personal data. The data
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principal can request that the fiduciary correct, complete, update
and erase personal data when it is no longer required. Section 13 ,
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the right of grievance redressal, data principals have the right to
register their grievances with a data fiduciary; and Section 14 ,
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the right to nominate, the data principal has the right to nominate
any other individual to exercise their right. This ensures that
individuals have greater control over how their information is
used. The act aims to empower individuals and give them greater
control over their digital identities by establishing these rights.

40 Section 12- Right to Correction and erasure of personal data- (1) Data Principal shall
have the right to correction, completion, updating and erasure of her personal data for the
processing of which she has previously given consent, including consent as referred to in
clause (a) of section 7, in accordance with any requirement or procedure under any law for
the time being in force.
(2) A Data Fiduciary shall, upon receiving a request for correction, completion or updating
from a data Principal-
(a) correct the inaccurate or misleading personal data;
(b) complete the incomplete personal data; and
(c) update the personal data.
(3) A Data Principal shall make a request in such manner as may be prescribed to the Data
Fiduciary for erasure of her personal data, and upon receipt of such a request, the Data
Fiduciary shall erase her personal data unless retention of the same is necessary for the
specific purpose or for compliance with any law for the time being in force. Supra note 34.
41 Section 13- Right of grievances redressal- (1) Data Principal shall have the right to have
readily available means of grievance redressal provided by a Data Fiduciary or Consent
Manager in respect of any act or omission of such Data Fiduciary or Consent Manager
regarding the performance of its obligations in relation to the personal data of such Data
Principal or the exercise of her rights under the provisions of this Act and the rules made
thereunder.
(2) The Data Fiduciary or Consent Manager shall respond to any grievances referred to in
sub-section(1) within such period as may be prescribed from the date of its receipt for all or
any class of Data Fiduciaries.
(3) The Data Principal shall exhaust the opportunity of redressing her grievance under this
section before approaching the Board. Supra note 34.
42 Section 14- Right to nominate- (1) A Data Principal shall have the right to nominate, in
such manner as may be prescribed, any other individual, who shall, in the event of death or
incapacity of the Data Principal, exercise the right of the Data Principal in accordance with
the provisions of this Act and the rules made thereunder. (2) For the purposes of this section,
the expression “incapacity” means inability to exercise the right of the Data Principal under
the provisions of this Act or the rules made thereunder due to unsoundness of mind or
infirmity of body. Supra note 34.
law.faculty@kdu.ac.lk
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