RTI should be circumscribed if it encroaches on privacy: PM Manmohan Singh

October 12, 2012

PM_Manmohansingh_Privacy

New Delhi, October 12: Voicing concern over frivolous and vexatious use of RTI Act, Prime Minister Manmohan Singh on Friday said the citizens' right to know should definitely be circumscribed if it encroaches on an individual's privacy.

"There is a fine balance required to be maintained between the right to information and the right to privacy, which stems out of the fundamental right to life and liberty. The citizens' right to know should definitely be circumscribed if disclosure of information encroaches upon someone's personal privacy. But where to draw the line is a complicated question," he said.

Addressing the seventh convention of central information commissioners, the Prime Minister said, "There are concerns about frivolous and vexatious use of the Act in demanding information disclosure of which cannot possibly serve any public purpose."

Singh said such queries besides serving little productive purpose are also a drain on the resources of public authorities, diverting precious man-hours that could be put to better use.

"Sometimes information covering a long time-span or a large number of cases is sought in an omnibus manner with the objective of discovering an inconsistency or mistake which can be criticised," he said.

Touching upon the area of public-private partnerships, the Prime Minister said blanket extension of the RTI Act to such bodies may discourage private enterprises to enter in partnership with public sector whereas a blanket exclusion may harm accountability of public officials.

The Prime Minister's remarks come close on the heels of the Supreme Court as also the Central Information Commission's adverse criticism of frivolous RTI applications.

Stressing on the privacy issue, Singh said the issue of a separate legislation on privacy is under consideration of an expert group under Justice A P Shah.

Referring to a recent Supreme Court order terming information commissions as judicial bodies, the Prime Minister said the government has decided to go in for review of the verdict before the apex court.

Singh said there was also a need to change perceptions about the right to information, noting that it should not be viewed as an irritant "but something that is good for us collectively".

"Rights cannot stand in isolation and must always be accompanied by reciprocal obligation...I believe that all of us share a responsibility to promote more constructive and productive use of the Right to Information Act. This important legislation should not only be about criticising, ridiculing and running down public authorities," he said.

Singh said the Act should be more about promoting transparency and accountability, spreading information and awareness and empowering the citizen.

"I believe that the right to information can be utilised for even better results to the benefit of our country and the people. It needs to be remembered that the ultimate goal of the legislation is to induce more efficiency in the work of the government and help it serve the people better," he said.

Earlier, speaking on the occasion, minister of state for personnel and training V Narayanasamy said there is a need to create awareness about responsible use of the Act.

"It has to be ensured that it (information) does not infringe upon personal sensitive information of individuals. Personal liberty is very important. Each society has its own concept of privacy. There is need to define what is personal information and what is sensitive information," he said.

He said people using the RTI Act to expose corruption must be protected and Whistleblowers' Protection Bill is a step in that direction.

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coastaldigest.com news network
May 6,2020

New Delhi, May 6: The government on Wednesday said no data or security breach has been identified in Aarogya Setu after an ethical hacker raised concerns about a potential security issue in the app.

The app is the government's mobile application for contact tracing and disseminating medical advisories to users in order to contain the spread of coronavirus.

On Tuesday, a French hacker and cyber security expert Elliot Alderson had claimed that "a security issue has been found" in the app and that "privacy of 90 million Indians is at stake".

Dismissing the claims, the government said "no personal information of any user has been proven to be at risk by this ethical hacker".

"We are continuously testing and upgrading our systems. Team Aarogya Setu assures everyone that no data or security breach has been identified," the government said through the app’s Twitter handle.

The tweet gave point-by-point clarification on the red flags raised by the hacker.

"We discussed with the hacker and were made aware of the following... the app fetches user location on a few occasions," it said, but added that this was by design and is clearly detailed in the privacy policy.

The app fetches users’ location and stores on the server in a secure, encrypted, anonymised manner - at the time of registration, at the time of self assessment, when users submit their contact tracing data voluntary through the app or when it fetches the contact tracing data of users after they have turned COVID-19 positive, it said.

On another issue that users can get COVID-19 stats displayed on the home screen by changing the radius and latitude-longitude using a script, Aarogya Setu said that all this information is already public for all locations and hence does not compromise on any personal or sensitive data.

"We thank the ethical hacker on engaging with us. We encourage any users who identify a vulnerability to inform us immediately...," it said.

Responding to Aarogya Setu's clarification, Alderson tweeted, "I will come back to you tomorrow".

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News Network
March 13,2020

New Delhi, Mar 13: Delhi's Tis Hazari Court on Friday sentenced expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar and six others to 10 years imprisonment for the death of Unnao rape survivor's father. Sengar is already serving life imprisonment for raping the minor.

While sentencing them, District Judge Dharmesh Sharma said, "There can be no denying that rule of law was broken. Sengar was a public functionary and had to maintain the rule of law. The way the crime has been committed, it does not call for leniency."

Sengar and his brother Atul has been directed to give 10 lakh compensation to family of the victim for loss of their father. "There are four minor children involved, three girls and one boy. They have also been uprooted from native place," the judge said.

Seven people, including Sengar, his brother and two police personnel, were held guilty for culpable homicide and criminal conspiracy, earlier this month.

The case pertains to the death of rape survivor's father in custody on April 9, 2018. It was alleged that he was assaulted following a quarrel with some of the accused in the case.

He was taken to the police station and then framed for allegedly possessing an illegal firearm. Pursuant to this, he was sent to custodial remand, during which he died.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the Supreme Court's directions in August last year. Both the death and illegal firearm case was later clubbed by the court.

During the arguments on sentencing on March 12, Sengar had told the court that he should be "hanged and acid poured into his eyes if he has done anything wrong".

The former MLA had also raped the daughter of the deceased in 2017 in Uttar Pradesh's Unnao district and was sent to jail for "remainder of his natural biological life", last year.

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News Network
February 18,2020

Ayodhya, Feb 18: A senior Supreme Court lawyer has written to the Ram temple trust on behalf of a group of Muslims in Ayodhya, asking that five acres of land around the demolished Babri Masjid where a graveyard is situated be spared for the sake of 'sanatan dharma'.

The letter, written by advocate M R Shamshad, is addressed to all 10 trustees of Shri Ram Janmabhoomi Teertha Kshetra.

Shamshad said according to Muslims, there is a graveyard known as 'Ganj Shahidan' around the demolished Babri Masjid where 75 Muslims who lost their lives in the 1885 riots in Ayodhya were buried.

"There is a mention of this in Faizabad Gazetteer also," he said.

"The central government has not considered the issue not using the grave-yard of Muslims for constructing the grand temple of Lord Ram. It has violated 'dharma'," the letter stated.

"In view of religious scriptures of 'sanatan dharma', you need to consider whether the temple of Lord Ram can have foundation on the graves of Muslims? This is a decision that the management of the trust has to take," it said.

"With all humility and respect to Lord Ram, I request you, not to use the land of about four to five acres in which the graves of Muslims are there around the demolished mosque," the letter added.

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