Critical Review ( July 3, 2025) : Sri Lanka's Draft Cloud Policy
Critical Review of Sri Lanka's Draft Cloud Policy & Sovereign Cloud Strategy
By: Sanjaya Gunasiri( An Independent Policy Critic ).
The Information and Communication Technology Agency of Sri Lanka (ICTA) has called for public input on two pivotal documents: "Towards a Sovereign Cloud Strategy for Sri Lanka" and "Revised Cloud Policy and Procurement Guidelines for Interim Use." While the intent is commendable, a deeper look reveals significant gaps that could compromise national sovereignty, economic independence, and citizen rights.
1. Foreign Dominance: The Missing Legal Firewalls
The draft enables hyperscalers (e.g., AWS, Azure) to operate locally but fails to enforce vital safeguards:
- No requirement for mandatory joint ventures with Sri Lankan entities
- Insufficient localization mandates for critical sectors like health or defense
- Absence of restrictions on foreign cloud infrastructure ownership
- mandate data residency (locally) for all sensitive data, and
- Ban foreign authentication control, andb ensure authentication is controlled locally (e.g., Singpass model from Singapore, prevent citizen ID access)
- Require Sri Lankan oversight and joint ventures (51%+ local ownership)
2. Technofeudalism & Vendor Lock-In Risks
The policy lacks mechanisms to counteract big tech dominance. There's no support for open-source cloud alternatives or anti-monopoly frameworks.
Recommendation:
- Mandate open-source cloud platforms (OpenStack, Kubernetes)
- Ensure data portability and avoid vendor lock-in
- Introduce preferential procurement for local providers
3. Digital Sovereignty Still Out of Reach
Public-private partnerships are emphasized, but no sovereign cloud or national exit strategy exists.
Recommendation:
- Launch a state-owned sovereign cloud (e.g., "LankaStack")
- Set up a "Sovereign Cloud Fund" to build homegrown cloud infrastructure
- Mandate government-held encryption keys and domestic KMS
4. Data Sovereignty & Monetization Control
Current Gap:
Foreign and domestic entities currently exploit Sri Lankan user data without transparency, compensation, or consent—leading to economic leakage and loss of digital sovereignty.
Policy Amendments:
- Ban on Non-Consensual Data Monetization
- No entity (foreign or domestic) may monetize personal/personally identifiable data (PIDs) of Sri Lankan citizens without:
- Explicit, informed consent from each individual (opt-in, not opt-out).
- Granular control (users must approve specific use-cases, e.g., ads, AI training).
- Anonymized/pseudonymized datasets may be monetized only if:
- Approved by the Data Protection Authority (DPA).
- Revenue is shared via a National Data Fund (10% levy).
- Individual Rights Over Data Value
- Right to Compensation: Users must be paid directly or via public benefits if their data generates commercial profit (e.g., health data used for pharmaceutical research).
- Right to Audit: Users may request full disclosure of how their data was monetized and by whom.
- Foreign Firm Restrictions
- Data Taxation: Foreign firms monetizing Lankan data must pay a 15% "Data Sovereignty Fee" on gross revenue derived from such activities.
- Local Partnerships: Required for any data-driven business (e.g., AI firms must partner with Lankan universities/startups).
- No Unilateral Exports: Raw or minimally processed data cannot leave Sri Lanka without DPA approval.
- Penalties for Violations
- First offense: 4% of global revenue or LKR 200M (whichever is higher).
- Repeat offenses: Criminal liability for executives + ban on operating in Sri Lanka.
5. Security Gaps and AI Exploitation Threats
The draft doesn’t account for AI-related data exploitation risks or enforce zero-trust architecture. Propose a "Sri Lanka Cloud Security Tier Framework (SL-CSTF)" with encryption protocols and storage guidelines by data sensitivity. Emphasize Zero-Knowledge Encryption, government-held keys, and local HSMs.
Recommendation:
- Prohibit foreign AI training on Sri Lankan data without consent
- Ban biometric data processing by foreign providers
- Require ethical AI audits and multi-tier security standards
6. Comparative Global Lessons
Insights from global leaders can offer Sri Lanka actionable models:
- India's MeghRaj: Open-source sovereign cloud, strict localization
- EU's GAIA-X: Federated model, GDPR-grade user protections
- Singapore's GCC: Balanced global-local model with local control over auth & encryption
- China (with caution): Mandatory JV model, AI training restrictions
7. GDPR Gaps: Weak User Rights & Enforcement
Unlike GDPR, the draft lacks robust individual rights, extraterritorial enforcement, and a true independent Data Protection Authority.
Key Shortcomings:
- No "Right to be Forgotten" or data portability
- No GDPR-style financial penalties
- Conflict of interest in enforcement bodies
Solution: Enact a standalone Data Protection Act with GDPR-grade features and an independent DPA.
Final Thoughts
ICTA’s draft policy is a good first step, but to safeguard Sri Lanka’s digital future, it must go further. We must avoid becoming a digital tenant in our own land. Real sovereignty demands more than compliance—it requires control, transparency, and local innovation.
Submitted to: policy@icta.lk | Deadline: July 04, 2025
Written by : Sanjaya GunasiriCopyright © 2025 Orchard Graphics. All rights reserved.