Current Affairs

EXEMPTION OF CERT-In FROM RTI ACT

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: Recently, the Central government has exempted the Computer Emergency Response Team (CERT-In) from the ambit of the Right to Information (RTI) Act, 2005.

BACKGROUND AND SIGNIFICANCE:

Role of CERT-In:
- CERT-In is the national nodal agency under the Ministry of Electronics and Information Technology.
- It is responsible for responding to computer security incidents, handling cybersecurity emergencies, and issuing guidelines to prevent cyber threats.
- Its exemption from the RTI Act means that the public may no longer have direct access to seek information through the RTI route from CERT-In.

IMPLICATIONS OF EXEMPTION:

Reduced Transparency:
- The exemption effectively reduces the transparency and accountability of CERT-In operations as it removes the obligation to disclose information under the RTI Act.
- Citizens and stakeholders may face challenges in accessing information related to cybersecurity incidents, response measures, and guidelines issued by CERT-In.
National Security and Confidentiality:
- The exemption might be justified concerning national security and confidentiality concerns.
- CERT-In deals with sensitive information related to cybersecurity threats and responses, which might warrant confidentiality.
Impact on Governance:
- The RTI Act empowers citizens to seek information from government organizations to ensure transparency and hold authorities accountable.
- Exempting CERT-In might raise concerns about governance transparency in the cybersecurity domain.

AMENDMENT TO RTI ACT:

Personnel Ministry’s Notification:
- The Personnel Ministry has amended Section 24 of the RTI Act, adding CERT-In to the list of organizations exempted from RTI provisions.
- CERT-In joins the existing list of 26 intelligence and security organizations already exempted from providing information under the RTI Act, except in matters related to corruption and human rights violations.
Transparency Exceptions:
- While transparency is crucial, certain sensitive agencies are exempted from RTI provisions to protect national security and confidentiality.
- However, the exemption does not cover allegations of corruption and human rights violations.

PUBLIC CONCERNS AND REACTIONS:

Access to Information:
- The exemption raises concerns among the public, activists, and stakeholders about limited access to information crucial for understanding cybersecurity threats and response strategies.
Balance between Security and Transparency:
- Debates revolve around finding a balance between ensuring national security and maintaining transparency and accountability in government operations, particularly in critical domains like cybersecurity.
Need for Clarity:
- There might be a need for clear guidelines or mechanisms to ensure accountability, even with the exemption, to address concerns about transparency without compromising national security interests.