The Indian Government, via the Department of Personnel and Training (DoPT), recently issued a notification exempting the Indian Computer Emergency Response Team (CERT-In) from the purview of the Right to Information Act, 2005. With this development, CERT-In will now function beyond the scope of the Right to Information Act,2005, thereby restricting public access to information about its operations and activities.
Exemption of CERT-In From RTI Act: How Did it Happen?
The government exercised its powers outlined in Section 24(2) of the RTI Act to exclude CERT-In from the transparency law. This section enables the Central Government to modify by adding or eliminating security or intelligence organizations established by the government to/from the Schedule. But, it does not apply to cases involving corruption or human rights violation allegations.
However, information related to human rights violation allegations can only be released upon the Central Information Commission’s approval. The Central Government can edit the Second Schedule through an official Gazette notification, and each House of Parliament must review every such notification. Using these powers, the Centre included CERT-In in the Second Schedule of the RTI Act along with 26 other exempted intelligence and security organizations.
About CERT-In
CERT-In serves as the national nodal agency responsible for handling cyber threats like hacking and phishing. It has been operational since January 2004 under the Ministry of Electronics and Information Technology. The agency plays a crucial role in protecting India’s critical information infrastructure and digital assets against cyber threats.
It also enhances the cyber readiness and resilience of various sectors – including government, defense, banking, telecom, and more – thereby contributing to national security and economic growth by fostering a secure cyber environment.
The Right to Information Act, 2005
The Right to Information Act, 2005 is a legislative framework enacted in 2005 that grants Indian citizens access to information held by public authorities. It is considered a fundamental right, rooted in Article 19(1)(a) of the Constitution that ensures freedom of speech and expression. This act replaced the Freedom of Information Act of 2002.
Under the RTI Act, information should be supplied to an applicant within 30 days, or within 48 hours if it is life or liberty-related. Section 8(1) outlines exemptions, covering areas like national security, strategic state matters, foreign relations, etc. The Public Information Office (PIO) and First Appellate Authority play crucial roles in implementing the Act.
Recent Amendments in the RTI Act
There have been recent amendments to the RTI Act. In 2023, Section 44 (3) of the Digital Personal Data Protection Act modified Section 8 (1)(j) of the RTI Act, creating an exemption for all personal information from disclosure. The Right to Information (Amendment) Act, 2019, altered the tenure and conditions of the Chief Information Commissioner (CIC) and Information Commissioners (ICs). The term of ICs is now subject to the central government’s prescription, set for 3 years instead of the previous fixed 5-year term.
Implication and Examination Perspective
In light of these developments, the UPSC Civil Services Examination had once posed a question focusing on the concept of accountability in relation to the Right to Information Act. It was phrased as: “The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (2018)”