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Current Affairs 2023

The Implications of Exempting CERT-in from the RTI Act in India - UPSC Current Affairs

The Indian government's recent decision to exempt the Indian Computer Emergency Response Team (CERT-in) from the Right to Information (RTI) Act has sparked a debate about its potential impact. This blog explores the implications of the exemption and the controversy surrounding it.

Mar 31, 2023

4 min read

The Indian government has announced that the Indian Computer Emergency Response Team (CERT-in) may soon be exempt from responding to queries under the Right to Information (RTI) Act. CERT-in is responsible for coordinating with public and private organizations in India to respond to cyber incidents such as data breaches and ransomware attacks. However, the exemption from the RTI Act means that CERT-in could reject any requests for information, even on policy-related matters.

 

The government's decision has generated controversy, with critics arguing that the exemption could lead to a lack of transparency and accountability in the agency's functioning. The Delhi-based Internet Freedom Foundation has also criticized the exemption as hypocritical, given that CERT-in expects citizens to comply with its Cyber Security Directions, which could result in a one-year jail sentence for non-compliance.

 

On the other hand, proponents of the exemption argue that it is necessary to protect national security and ensure the confidentiality of information. They also argue that the exemption would enable CERT-in to respond more promptly to cyber security threats and incidents.

 

The debate over CERT-in's exemption from the RTI Act highlights the tension between security and privacy in the digital age. As technology advances and cyber security threats become more complex, it is essential to strike a balance between security and privacy. It is also crucial to ensure that government agencies responsible for protecting national security are transparent and accountable.

 

In conclusion, while the exemption of CERT-in from the RTI Act may be necessary to protect national security, it is equally essential to ensure that transparency and accountability are not compromised. The government must find a way to strike a balance between these two competing interests to maintain public trust and confidence. Reference source: TH

 

UPSC Main Exam Question

 

Analyze the implications of exempting CERT-in from responding to queries under the Right to Information (RTI) Act in India.

 

Answer: The exemption of the Indian Computer Emergency Response Team (CERT-in) from responding to queries under the Right to Information (RTI) Act has sparked a debate about the implications of such an exemption for the citizens of India. CERT-in is a cybersecurity agency that coordinates with public and private organizations in India when cyber incidents like data breaches and ransomware attacks are reported. It also issues advisories for software vulnerabilities as guidance for organizations. The exemption from the RTI Act would allow CERT-in to reject any application for information, even on policy-related matters.

 

The decision to exempt CERT-in from the RTI Act has been met with criticism from several quarters. The exemption is seen as hypocritical as CERT-in expects citizens to comply with its cybersecurity directions, which could lead to a one-year jail sentence for non-compliance. Critics argue that the exemption could lead to a lack of transparency and accountability in the functioning of the agency.

 

However, some experts argue that the exemption is necessary for the functioning of CERT-in. They argue that the exemption is necessary to protect the security of the nation and to ensure that confidential information is not disclosed. They also argue that the exemption would allow CERT-in to take prompt action in the case of cybersecurity threats and incidents.

 

The exemption of CERT-in from the RTI Act raises important questions about the balance between security and privacy in the digital age. As technology advances and cybersecurity threats become more sophisticated, it is important to ensure that the right balance is struck between security and privacy. The exemption also highlights the need for transparency and accountability in the functioning of government agencies responsible for protecting the nation's security.

 

In conclusion, while the exemption of CERT-in from the RTI Act has its advantages in terms of protecting national security, it also raises concerns about transparency and accountability. The government needs to ensure that the exemption does not lead to abuse of power and that the agency operates with transparency and accountability while fulfilling its role in protecting the country's cybersecurity.

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