Context:
- The Central government has added the Computer Emergency Response Team (CERT-In) among a list of organizations that are exempted from the ambit of the Right to Information Act (RTI), 2005.
ERT-In exempted from the purview of RTI Act
- The Sub-section (2) of Section 24 of the RTI Act empowers the central government to exempt any organization from the purview of the transparency law.
Section 24 of the RTI Act:
- Non-applicability: Nothing contained in this Act shall apply to the Intelligence and Security organizations specified in the Second Schedule which are organizations established by the Central Government or any information furnished by such organizations to that Government.
- No Blanket ban in case of Corruption and Human Rights Violation: Information pertaining to the allegations of corruption and human rights violations shall not be excluded under this cover.
- Issuing and Omitting Authority: Central Government, by publication of such notification.
- Section 24(4): Intelligence and Security organisation under the state governments can also be included, provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this cover
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- Using those powers, the Centre has included CERT-In at serial number 27 in the Second Schedule of the RTI Act.
What is CERT-In?
- CERT-In is a functional organization of the Ministry of Electronics and Information Technology that secures Indian cyberspace.
- It provides Incident Prevention and Response services and Security Quality Management Services.
| Other 26 intelligence and security organizations are: the Intelligence Bureau; Research and Analysis Wing, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Central Bureau of Investigation, Narcotics Control Bureau, Special Frontier Force, Border Security Force, Directorate of Enforcement,Central Reserve Police Force; Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards; Assam Rifles, Sashtra Seema Bal, Directorate General of Income-tax (Investigation), National Technical Research Organisation, Financial Intelligence Unit Special Protection Group, Defence Research and Development Organisation, Border Road Development Board, National Security Council Secretariat, National Investigation Agency, National Intelligence Grid, and Strategic Forces Command. |
Vision: Proactive Contribution in Securing India’s Cyberspace.
Mission: To enhance the security of India’s Communications and Information Infrastructure through proactive action and effective collaboration.
Objectives of CERT-In
- Preventing cyber attacks against the country’s cyberspace.
- Responding to cyber attacks, minimizing damage and recovery time and Reducing ‘national vulnerability to cyber attacks
- Enhancing security awareness among ordinary citizens.
Functions: The Information Technology (Amendment) Act 2008, designated CERT-In to serve as the national agency to perform the following functions in the area of cyber security:
- Collection, analysis and dissemination of information on cyber incidents.
- Forecast and alerts of cyber security incidents.
- Emergency measures for handling cyber security incidents.
- Coordination of cyber incident response activities.
- Issue guidelines, advisories, vulnerability notes and whitepapers relating to Information
- Security practices, procedures, prevention, response and reporting of cyber incidents.
- Such other functions relating to cyber security as may be prescribed.
Salient provisions of the RTI Act, 2005:
- Timely Disclosure of Information: The RTI Act provides timely information disclosure to citizens by Union and State Public Authorities.
- Accountability & Transparency: It seeks to empower citizens and promote accountability and transparency.
- Disclosure of Various Aspects: Public Authorities must disclose various aspects of their structure and functioning under the Act.
- This includes:
- Disclosure of their organization
- Functions and structure
- Powers and duties of its officers and employees
- Financial information
- Procedure followed in the decision-making process, including channels of supervision and accountability, etc., among others.
- Section 4 of the Act: It calls for proactive disclosure of information by all authorities so that the public has minimum resort to using this Act to obtain information.
- Section 8 of the Act: It provides exceptions to the disclosure of information, on that basis sharing of information can be denied.
- Exceptions under Section 8 of the RTI Act: The sharing of information can be denied if the disclosure of information can prejudicially affect:
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- The sovereignty and integrity of India.
- Security, strategic, scientific, or economic interests of the State.
- Relations with Foreign States.
- Lead to incitement of an offense.
- Information expressly forbidden to be published by any court of law the disclosure of which may constitute contempt of court.
- If the disclosure of information can cause a breach of privilege of Parliament or the State Legislature
- Information, including trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
- Cabinet papers including records of deliberations of the Council of Ministers, Secretaries, and other officers. (Material based on which decision was taken shall be made public if not exempted).
- Personal information, unless it serves a larger public interest.
- Section 8 (2): It provides for disclosure of information exempted under the Official Secrets Act, 1923 if a larger public interest is served.
Also Read: Right to Information Act-2005
Source: Indian Express
November 25, 2023
