In recent years, the Right to Information (RTI) Act in India has undergone several amendments and changes that have significant implications for transparency and access to information. Here are the key updates:
- RTI Amendment Bill, 2019:
- Control over Tenure and Salary: The amendment gives the central government the power to set the salaries, allowances, and terms of service for the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at both the central and state levels. Previously, these were fixed by the RTI Act itself.
- Reduction of Independence: Critics argue that this change undermines the independence of the Information Commissions, potentially affecting their ability to make impartial decisions.
- Digital Personal Data Protection Bill, 2023:
- Personal Information Exemption: The bill introduces a blanket ban on the disclosure of personal information, which can limit access to information that pertains to public activities or interests. This change is expected to increase the number of RTI request denials on the grounds of personal data protection.
- Public Interest Override: Although there is still a provision allowing access if the public interest outweighs the harm, the burden of proof has shifted to the individuals seeking the information.
- Exemption of CERT-In:
- CERT-In Exemption: The Indian Computer Emergency Response Team (CERT-In) has been exempted from the RTI Act. This exemption was enacted under Section 24(2) of the RTI Act, which allows the central government to add or remove certain intelligence or security organizations from the Act’s purview. While this aims to protect sensitive cybersecurity information, it limits public access to details about CERT-In’s activities.
These changes have sparked debate and concern among activists and experts about the potential erosion of transparency and accountability mechanisms that the RTI Act originally aimed to establish. The amendments, particularly those related to personal information and the independence of Information Commissions, are seen as steps that could dilute the effectiveness of the RTI Act in promoting open governance and combating corruption.