CERT-In not under RTI

Facts for Prelims (FFP)

Source: IE

 Context: The government has excluded the Indian Computer Emergency Response Team (CERT-In), the national agency responsible for addressing cybersecurity threats, from the Right to Information Act, 2005.

What is CERT-In (founded 2004; HQ: New Delhi)?

It is an office within the Ministry of Electronics and Information Technology. It is the nodal agency to deal with cyber security. It strengthens the security-related defence of the Indian Internet domain.

  • The Information Technology Act of 2000 designates CERT-In to perform functions in the realm of cybersecurity, including the collection, analysis, and dissemination of information on cyber incidents and implementing emergency measures for handling cybersecurity incidents.
  • CERT-In now joins 26 other intelligence and security organizations already exempted from the Act such as RAW, CBI, and IB.

 

How Government exempt CERT-In from RTI?

Department of Personnel and Training has used the powers under Section 24 of the RTI Act to exempt CERT-In from transparency laws. It allows the government to withhold information related to CERT-In from public scrutiny.

 

What is Section 24? 

Section 24 of the RTI Act says that this law is not applicable to the intelligence and security organizations specified in the Second Schedule. However, the information pertaining to the allegations of corruption and human rights violations shall not be excluded.

 Other exemptions under RTI:  Information affecting the sovereignty and integrity of India, records of Council of Ministers’ deliberations, information forbidden by court of law, etc. However, Section 8(2) of the RTI Act allows disclosure if public interest outweighs the harm to the protected interests under the Official Secrets Act, 1923.