CERT-In Exempted from RTI Ambit

Context

1. The Union government has added the Computer Emergency Response Team (CERT-In) among a list of organisations that are exempted from the ambit of the Right to Information Act (RTI), 2005.

• The exemption would allow CERT-in to reject any application for information, even on policy related matters. 

Right to Information Act (RTI), 2005

1. Scope: The Act applies to the whole of India and covers all states and Union territories.
   • The Act applies to public authorities, which include government departments, ministries, and organizations that are substantially funded by the government.
2. Information Accessible to the Public: Citizens have the right to request information from public authorities. This includes the right to access records, documents, and other information.
3. Exclusions: While the Act promotes transparency, certain types of information are exempt from disclosure.
   • These include information that may compromise national security, breach confidentiality, or harm the integrity of ongoing investigations.
4. Timeframe for Response: Public authorities are required to respond to information requests within 30 days. In certain cases, this period can be extended to 45 days.
5. Penalties: The Act provides for penalties against officials who withhold information without reasonable cause or provide false information.

Criticism of the Act

1. Overburdening Public Authorities: It has led to an overload of information requests, putting a strain on public authorities and responding to numerous RTI requests diverts the attention and resources of public officials from their primary duties.
2. Misuse of the Act: Some individuals or groups use RTI requests as a tool for harassment or to settle personal or political scores, leading to unnecessary administrative burdens.
3. Delay in Processing Requests: Despite the stipulated time frames for response, some public authorities struggle to adhere to these deadlines, causing frustration among information seekers.
4. Capacity and Training Issues: Some public authorities lack the necessary infrastructure, manpower, and training to effectively implement the RTI Act.
5. Exemptions and Ambiguities: Critics point out that the Act’s provisions regarding exemptions are sometimes vaguely defined, leading to confusion and differing interpretations.
   • This ambiguity can be exploited to withhold information that should ideally be in the public domain.

Way Ahead

1. The Right to Information Act, 2005 has played a significant role in promoting transparency, reducing corruption, and empowering citizens to actively participate in the democratic process by holding government institutions accountable. 
2. It is a powerful tool for promoting good governance and ensuring that citizens have access to information that affects their lives.
3. Efforts to address these concerns and improve the implementation of the Act continue to be a part of ongoing discussions and reforms

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