The Indian Computer Emergency Response Team (CERT-in) is the national agency responsible for responding to cyber security incidents in India. CERT-in was established under the Information Technology Act, 2000 (IT Act, 2000) by the Central Government. It plays a critical role in the prevention and mitigation of cyber incidents in the country. CERT-in coordinates with both public and private organisations in India when cyber incidents such as data breaches and ransomware attacks are reported. It also issues advisories for software vulnerabilities as guidance for organisations.

The Right to Information Act (RTI Act) is a law that allows any Indian citizen to request information from public or government authorities. It mandates that the said offices and departments must process such requests in a timely manner. The RTI Act replaced the Freedom of Information Act, 2002. The act aims to achieve a corruption-free India. The RTI Act mandates that any Indian citizen is free to seek any information from any public or government authority, and the authority is under liability to respond to such a request within a period of 30 days from the date of receiving such an application.

Exemption of CERT-in from the RTI Act

There is a proposal to include CERT-in in the Second Schedule to the RTI Act, which deals with exempted organisations such as the Central Bureau of Investigation (CBI) and the Border Security Force. This exemption would allow CERT-in to reject any application for information, even on policy-related matters. If the proposal is passed, CERT-in would no longer be required to respond to queries under the RTI Act.

Functions of CERT-in

CERT-in is responsible for the following 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
  • Issuing guidelines, advisories, vulnerability notes and whitepapers relating to information security practices, procedures, prevention, response, and reporting of cyber incidents
  • Other functions relating to cyber security as prescribed
What information can be sought under the RTI Act?

Any Indian citizen can seek information from government authorities, such as applying for a delayed IT refund, driving license or passport details, details of a repair or infrastructure project completed or ongoing, and funds allotted under different relief funds in the country. It also enables students to get copies of answer sheets from universities.

Exempted organisations under the RTI Act

As per Section 24 of the RTI Act, intelligence and security organisations, both central and state, are exempted from the RTI Act, except in cases of corruption or human rights violations. Some of the exempted organisations include the Intelligence Bureau, Research and Analysis Wing, Directorate of Revenue Intelligence, and the National Technical Research Organisation.

Why In News

Proposed Exemption of CERT-In from RTI Act Raises Concerns About Transparency and Accountability in Cybersecurity Governance in India. Critics fear that this exemption will prevent the public from accessing vital information on cyber incidents and policy decisions related to cybersecurity, ultimately undermining the government’s efforts to combat cyber threats.

MCQs on Exemption of CERT-In from RTI Act

  1. What is CERT-In?
    A. National agency for medical emergencies
    B. National agency for cyber security incident response and proactive measures
    C. National agency for natural disaster management
    D. National agency for agriculture
    Correct Answer: B. National agency for cyber security incident response and proactive measures
    Explanation: CERT-In is the national agency for cyber security incident response and proactive measures for the prevention of cyber incidents in India.
  2. What is the main objective of the RTI Act?
    A. Achieving a corruption-free India
    B. Promoting religious harmony
    C. Encouraging foreign investment
    D. Promoting tourism in India
    Correct Answer: A. Achieving a corruption-free India
    Explanation: The main objective of the RTI Act is to achieve a corruption-free India.
  3. Which of the following organizations is exempted from the RTI Act according to Section 24?
    A. Central Bureau of Investigation (CBI)
    B. Indian Computer Emergency Response Team (CERT-In)
    C. Border Security Force
    D. Directorate of Revenue Intelligence
    Correct Answer: A. Central Bureau of Investigation (CBI)
    Explanation: According to Section 24 of the RTI Act, intelligence and security organizations, both central and state, are exempted from the RTI Act except in cases of corruption or human rights violation. This includes the Central Bureau of Investigation (CBI) and the Border Security Force, among others. CERT-In may soon be exempted as well, but it is not currently on the list of exempted organizations.
  4. What kind of information can be sought under the RTI Act?
    A. Only information related to defense and national security
    B. Only personal information of individuals
    C. Any information related to the government or public authorities, except for defense and national security
    D. Only information related to infrastructure projects
    Correct Answer: C. Any information related to the government or public authorities, except for defense and national security
    Explanation: Any Indian citizen is free to seek any information from any public or government authority under the RTI Act. However, the information sought must not be related to defense, national security, or personal details.

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