Two key RTI portals under ‘emergency maintenance’

Two key RTI portals under ‘emergency maintenance’

Subject: Polity

Section: Legislation in news

Context:

• The Union government’s RTI Online portal, crucial for submitting Right to Information applications, has been temporarily unavailable due to “emergency maintenance” this week, complicating access to previously filed applications.

Details:

• Concurrently, the Election Commission’s separate RTI portal fixed a security flaw that risked exposing users’ personal information.
• The flaw’s resolution involved coordination with the Indian Computer Emergency Response Team (CERT-in).
• Additionally, the portal experienced difficulties with its payment gateway, now resolved but with limitations on payment methods and the notable absence of the State Bank of India for Net banking options.

Error message:

• The government’s RTI Online portal, managed by the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances & Pensions, has been experiencing functional disruptions.
• The DoPT claimed the implementation of an archival mechanism to enhance the portal’s speed.
• The Telangana RTI portal also experienced downtime due to “essential training” for government officers.

About the RTI Act:

• The RTI Act, enacted in 2005, empowers Indian citizens to access information from public authorities, fostering transparency, accountability, and participation in governance.
• It superseded the Freedom of Information Act of 2002.
• Initiatives like the one by Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, leading to the state’s Right to Information Act in 1997, paved the way for the national RTI Act.
• Section 22 ensures the Act’s provisions prevail over contradictions with the Official Secrets Act of 1923 or any other existing laws and agreements, except for those not covered by the Act.
• Constitutional Backing:
  • Derived from Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression.
  • Recognised as a fundamental right under Article 19, as per the Supreme Court ruling in the Raj Narain vs. the State of Uttar Pradesh case.
• Time Frame for Providing Information:
  • Public authorities must furnish the requested information within 30 days of receiving an application.
  • For information concerning the life or liberty of a person, it must be provided within 48 hours.
  • An additional five days are added if the application is routed through an Assistant Public Information Officer or sent to an incorrect public authority.
• Exemptions:
  • Section 8(1) specifies exemptions, including information related to national security, state strategy, foreign relations, and incitement to offenses.
• Implementation Mechanisms:
  • The Public Information Office (PIO) plays a key role in executing the RTI Act, acting as a liaison between the requesting citizen and the government entity holding the information.
  • Applicants can appeal to the First Appellate Authority within the public authority if dissatisfied with the PIO’s response or if their request is denied.
  • A second appeal can be made to the Central or State Information Commission if issues remain unresolved after the first appeal.

Recent Amendments in the RTI Act

• Section 44 (3) of the Digital Personal Data Protection Act 2023 amended Section 8 (1)(j) of the RTI Act.
  • This amendment exempts all personal information from disclosure, removing the previously established exceptions that allowed for the release of such information.
• Right to Information (Amendment) Act, 2019:
  • This amendment revised the tenure and service conditions for the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at both central and state levels.
  • The tenure of ICs is now determined by the central government, set for a period of 3 years, as opposed to the original fixed term of 5 years.
  • The amendment specifies that the salary, allowances, and other service conditions of the CIC and ICs (both at the centre and states) will be prescribed by the central government.
  • The 2019 Act eliminated provisions that allowed for the deduction of pension or other retirement benefits for previous government service at the time of appointing the CIC and ICs.

Source: TH