Exclusion of CERT-In from RTI Ambit

November 27, 2023

The Central government has recently included the Computer Emergency Response Team (CERT-In) in the list of organizations exempted from the Right to Information Act (RTI), 2005. CERT-In, the national agency responsible for responding to computer security incidents, falls under the Ministry of Electronics and Information Technology. The move has sparked concerns as it limits transparency for an entity crucial in addressing cyber threats and enhancing security awareness.

CERT-In’s Role and Objectives

CERT-In plays a pivotal role in responding to computer security incidents promptly. Among its key objectives is the enhancement of security awareness among common citizens. The agency operates under the Ministry of Electronics and Information Technology, reflecting its significance in safeguarding digital infrastructure and addressing cybersecurity challenges.

Exemptions Under RTI Act

The RTI Act, enacted in 2005, exempts certain intelligence and security organizations from its purview. This exemption includes entities listed in the Second Schedule, with a provision excluding information related to allegations of corruption and human rights violations. The recent amendment adds CERT-In as the 27th organization exempted under this provision.

Concerns Raised

The decision to exclude CERT-In from RTI scrutiny raises concerns about transparency and accountability, particularly in the realm of cybersecurity. As a national nodal agency, CERT-In’s activities are crucial for addressing cyber threats and ensuring the security of critical digital infrastructure. The move to shield it from RTI inquiries may impact the public’s access to information on cybersecurity incidents, response strategies, and overall governance of digital security.

Historical Context

The Second Schedule of the RTI Act was last amended in 2016, with the addition of the Strategic Forces Command. Other organizations under the Ministry of Defence, such as the Defence Research and Development Organisation and Border Roads Development Board, are also listed in the Second Schedule.

CERT-In’s Recent Cybersecurity Involvement

CERT-In’s involvement in investigating significant cyber attacks, such as the response to the ransomware attack on All India Institute of Medical Sciences in November 2022, underscores its critical role in safeguarding digital systems. The exemption from RTI scrutiny comes at a time when public awareness and transparency in cybersecurity are increasingly vital.

« Previous Post Next Post »