Home Ministry refuses to give reasons behind allowing intelligence agencies to access computer data

In an RTI response to activist Venkatesh Nayak, the ministry has said the information is classified as "top secret" and it cannot be disclosed as it is exempted under Section 8(1)(a), 8(1)(g) and 8(1)(h) of the RTI Act.

Through an order of December 2018, the MHA has authorised 10 intelligence organisations to to access information from any computer resource under the Information Technology Act, 2000. (Illustration by C R Sasikumar)

The Home Ministry has refused to disclose reasons for authorising 10 security and intelligence agencies to access information from any computer resource under the Information Technology Act, 2000, terming it “top secret” information.

In an RTI response to activist Venkatesh Nayak, the ministry has said the information is classified as “top secret” and it cannot be disclosed as it is exempted under Section 8(1)(a), 8(1)(g) and 8(1)(h) of the RTI Act.

Nayak had sought photocopy of all official records that contain the written reasons for issuing the authorisation to the 10 security and intelligence agencies specified in the attached gazette notification as per the requirements of Section 69(1) of the Information Technology Act, 2000 (IT Act) among other pieces of related information.

Section 8(1)(a) exempts disclosure of information which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.

The information which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes is exempted from disclosure under 8(1)(g) of the act.

Section 8(1)(h) exempts disclosure of information which would impede the process of investigation or apprehension or prosecution of offenders.