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CERT-In Exempts From RTI Act

Source: PIB
GS II: Governance


Image by Arek Socha from Pixabay

Overview

  1. News in Brief
  2. About CERT-In
  3. About Right to Information Act 2005

Why in the News?

The Union government has added the Computer Emergency Response Team (CERT-In) to a list of organisations that are exempted from the ambit of the Right to Information Act (RTI).

News in Brief

  • There are 26 other intelligence and security organisations established by the Union government like the IB, RAW and Directorate of Enforcement that are exempt under RTI.
  • The RTI Act, enacted in 2005, said the legislation shall not apply to intelligence and security organisations specified in the Second Schedule
    • Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded.
  • Department of Personnel and Training issued a notification in the exercise of the powers conferred by section 24 (2) of the RTI Act, 2005 (22 of 2005).
Section 24 (2) of the RTI Act
  • Act not to apply to certain organizations.
  • Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government.
  • Central Government may be omitting therefrom any organisation already specified therein.
  • On the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

Section 24 (3): Every notification issued under sub‑section (2) shall be laid before each House of Parliament.

  • Centre makes  following further amendments to the said Act, namely:
    • In the Second Schedule to the RTI Act, 2005, after serial number 26 and the entry relating thereto, the following serial number and entry shall be inserted, namely: 27. Indian Computer Emergency Response Team.
Why CERT-In Exempts from RTI Act?
  • The CERT-In is the national nodal agency for responding to computer security incidents as and when they occur.
  • The CERT-In has been probing major cyber attacks in the recent past and was the first responder to the ransomware attack.
  • Act not to apply to certain organizations viz intelligence and security organisations.
  • Section 24 says so.
About CERT-In

The following are the functions
  • 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 inform
  • Prevention, response and reporting of cyber incidents.
  • Such other functions relating to cyber security as may be prescribed
About Right to Information Act 2005

  • The Right to Information Act of 2005 is a crucial law that empowers Indian citizens to access government information in a transparent and timely manner.
  • To make it easier for citizens to exercise this right, the Department of Personnel and Training, which operates under the Ministry of Personnel, Public Grievances and Pensions, has developed an RTI Portal Gateway.
  • This portal provides a one-stop-shop for citizens who are looking for information about first Appellate Authorities, Public Information Officers (PIOs), and other relevant details.
  • Additionally, users can find RTI-related information and disclosures published on the web by various Public Authorities under the government of India and the State Governments.
  • This initiative is a significant step towards promoting openness, accountability, and good governance in India.

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