(Bingun Menaka Gamage and Anjali Withanage/ CeylonToday)
The Presidential Secretariat has declined to disclose the names of officials attached to the President’s Media Division, citing privacy concerns under the Right to Information (RTI) Act.
In response to an RTI appeal filed by law student and activist Anuruddha Bandara, Senior Assistant Secretary to the President, G.P.H.M. Kumarasinghe, stated in writing that the names constitute personal information protected under the RTI Act No. 12 of 2016.
However, legal precedent suggests a different interpretation. In a landmark ruling, the Court of Appeal previously held that no State institution can withhold information on the use of public funds by citing it as “personal information.” The Court ruled that such information is subject to public scrutiny, and failure to comply with an RTI Commission order — an authority with quasi-judicial powers — cannot be justified as an act of good faith.
This ruling was delivered in connection with three petitions filed by Sri Lanka Telecom (SLT), which sought to overturn RTI Commission orders directing the release of specific information. SLT named the RTI Commission and two former Deputy General Managers, G. Surendra and D.J. Wijewardena, as respondents.
The Court of Appeal upheld the Commission’s decisions and directed SLT to disclose the information. The judgment stressed that public institutions and officials are obligated to uphold transparency and accountability, particularly when public funds are involved.
The stance taken by the Presidential Secretariat has drawn criticism, particularly at a time when the Right to Information Commission has been without a Chairperson for over three months. The vacancy arose following the resignation of former Supreme Court Justice Upali Abeyratne on 6 March.
The Constitutional Council called for nominations to fill the vacant Chair post by 1 April, but no appointment has been made to date.