United Nations human rights experts have raised concerns over provisions in Sri Lanka’s proposed Prevention of Organized Crimes Bill that would allow senior police officers to obtain telephone records and mobile device location information without prior court approval.
In a 31-page communication dated October 30, 2026, the UN experts warned that the proposed powers could threaten privacy rights and expose confidential sources used by journalists.
According to the communication, Clause 44(4) of the Bill would allow an officer holding the rank of Deputy Inspector General (DIG) to obtain information directly from telecommunications and data service providers without obtaining a court order.
The information could include subscriber identification details, records of calls made and received, and the location of mobile devices.
The UN experts warned that such information could reveal an individual’s contacts, movements and associations, even without accessing the content of telephone conversations.
They expressed particular concern about the potential impact on journalists, whose confidential sources could be exposed through access to communications records.
Lawyers and human rights defenders communicating with victims and witnesses could also be affected, the experts said.
The communication noted that international human rights standards require independent authorisation, preferably judicial approval, before authorities access sensitive communications data.
The experts also questioned the adequacy of safeguards against misuse, noting that Clause 44(5) provides for a maximum fine of Rs. 100,000 for abuse of the powers.
Separately, the UN raised concerns over provisions allowing police to intercept communications, conduct digital surveillance and seek orders requiring the decryption of electronic devices.
The experts warned that the proposed legislation lacks sufficient safeguards governing the collection, use, storage and destruction of intercepted information, as well as protection for privileged communications and journalistic sources.
The concerns were raised as part of a broader assessment of the Prevention of Organized Crimes Bill, which was gazetted on October 6.
While acknowledging the Government’s responsibility to combat organised crime, the UN experts urged Sri Lanka to ensure that the legislation complies with its international human rights obligations. (Newswire)
- Key concerns
1. Detention for up to one year: The Bill would allow the Secretary to the Ministry responsible for police to authorise detention at police stations for up to one year, including for questioning. The UN warns this could increase the risk of torture and arbitrary detention.
2. Police custody without prompt court supervision: Suspects could be held for up to 72 hours, excluding travel time, before being produced before a Magistrate. A further 24 hours of police custody could also be authorised.
3. Police confessions admissible in court: Statements made to police officers of Assistant Superintendent rank or above could be used as evidence. Accused persons would bear the burden of proving that statements were obtained through threats, inducements or promises.
4. Restrictions on journalists reporting court proceedings: Journalists and media organisations could face criminal penalties, including imprisonment, for publishing information relating to court proceedings covered by the Bill without prior court permission.
5. Police access to phone records without court approval: A Deputy Inspector General could obtain subscriber details, call records and mobile device location information from telecommunications providers without a court order. The UN warns this could expose journalists’ confidential sources.
6. Surveillance and access to encrypted communications: The proposed legislation includes powers for interception, digital surveillance and court-ordered decryption. The experts question whether adequate privacy safeguards and independent oversight are provided.
7. Trade unions and protesters could fall within the law: The UN warns that broad definitions of organised criminal groups could potentially cover student organisations, trade unions and protest movements involving three or more people under certain circumstances.
8. Police searches without warrants: Police officers could enter and search premises or land without a warrant based on reasonable suspicion of a serious crime, without an express requirement for urgency.
9. Restrictions on bail and judicial powers: The experts warn that provisions requiring Magistrates to give effect to detention orders or remand suspects could undermine judicial discretion. Bail would also be subject to significant restrictions.
10. Children not expressly excluded from detention powers: The Bill does not specifically exclude children under 18 from extended police custody, detention orders or the special rules governing evidence. The UN has requested clarification on safeguards for minors.
11. Protection from prosecution for officials: The UN raises concerns over broadly worded immunity provisions that could obstruct accountability for official misconduct, including torture, ill-treatment and enforced disappearances.