• The central government has exempted the Computer Emergency Response Team (CERT-In) from the ambit of the Right to Information (RTI) Act.

• CERT-In is the national nodal agency for responding to computer security incidents.

• The ministry of personnel, public grievances and pensions has amended Section 24 of the RTI Act and put CERT-In under the list of organisations exempted from the purview of the transparency law.

• There are already 26 intelligence and security organisations, which are exempted from providing information under the RTI Act except for matters related to the allegations of corruption and human rights violations.

• The organisations exempted under the RTI Act include the Intelligence Bureau, Research and Analysis Wing, Directorate of Revenue Intelligence, Aviation Research Centre and Enforcement Directorate, among others.

• CERT-In has been put at serial number 27 in the list of the exempted organisations under the RTI Act.

What is CERT-In?

• The Indian Computer Emergency Response Team  (CERT-In) is the national technology arm to combat cyber attacks and guard the Indian cyber space.

• It is a statutory organisation under the ministry of electronics and information technology. 

• CERT-In is operational since January 2004.

CERT-In has been designated under Section 70B of the Information Technology Act, 2000 to serve as the national agency to perform the following functions in the area of cybersecurity:

i) Collection, analysis and dissemination of information on cyber security incidents.

ii) Forecast and alerts of cyber security incidents.

iii) Emergency measures for handling cyber security incidents.

iv) Coordination of cyber security incident response activities.

v) Issue guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, prevention, response and reporting of cyber incidents.

vi) Such other functions relating to cyber security as may be prescribed.

• CERT-In creates awareness on security issues through dissemination of information on its website (https://www.cert-in.org.in) and operates a 24x7 incidence response help desk. 

• CERT-In provides incident prevention and response services as well as security quality management services.

The Right to Information Act, 2005

• The Constitution of India has enshrined the principles of democracy, by guaranteeing to its citizens certain Fundamental Rights. Article 19(1)(a) and Article 21 of the Constitution of India, by implication, guarantee to the citizens of India the right to know everything done by public functionaries. 

• To set out a practical regime for securing information by citizens from the public authorities and to promote transparency and accountability in the working of all public authorities, the Parliament enacted the Right to Information Act in 2005.

• The Act is comprehensive and covers disclosure of information by public authorities on matters of governance. It is applicable to government at all levels — Union, state and local and also to the bodies owned, controlled or substantially financed directly or indirectly by the government. 

• It covers legislative bodies, the judiciary, the executive and Constitutional bodies.

• The Act casts an obligation on public authorities for suo-motu disclosure/publication of information held by them. It also requires the public authorities to supply information called for by any citizen and to permit him to inspect the documents and collect samples of various works. 

• The procedure for seeking information is very simple. A person seeking information has to make a request to the concerned public information officer indicating the information required. The request may be sent either by post, or be submitted in person or online if such facility exists with the public authority. 

• It can be made in Hindi or English or in the official language of the area in which the application is made.

• The Act creates the machinery to ensure supply of information, which consists of Public Information Officers, Assistant Public Information Officers, Departmental Appellate Authorities, independent Central and State Information Commissions, etc.

• The Act requires information to be provided in a time bound manner. A Public Information Officer is required to send information called for at the specified address within 30 days. In case the information concerns the life or liberty of a person, it has to be provided within 48 hours. 

• The Act provides for imposition of stringent penalty on the Public Information Officer, if the information is not provided within the prescribed period.

• Certain types of information pertaining to security of the country, scientific or economic interest of the country and information on trade secrets, etc are exempted from disclosure. Certain security or intelligence organisations have been exempted from disclosing any information except that pertaining to allegation of corruption or violation of human rights. 

• Such organisations are required to designate Public Information Officers and First Appellate Authorities to deal with applications and appeals relating to information pertaining to corruption or violation of human rights.

• The Act has created a system of two appeals. On not being provided information within the prescribed period or on not being satisfied with the reply provided, an applicant can make first appeal within 30 days to the departmental appellate authority, who is generally the next superior officer to the Public Information Officer. If not satisfied with the decision of the first appellate authority, the applicant can file a second appeal to the Central Information Commission or the State Information Commission, as the case may be, within 90 days.

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