Thread by @internetfreedom

In 2018, we filed six RTIs seeking the number of e-surveillance orders issued by the Home Ministry in 2016-18. The information was denied to us. Two years later, in response to our second appeal, the CIC has held that our request was improperly denied.
1/n
internetfreedom.in/iff-keeps-push…

A meaningful discussion about surveillance is impossible without transparency surrounding government surveillance. If received, the RTI responses will support our litigation work and policy analyses on the issue. Here are the questions we asked:
2/n
docs.google.com/document/d/1fu…

Though we clearly only asked for anonymised data, the CPIO at the MHA refused it to us citing exemptions under Section 8(1) of the RTI Act which include national security. The First Appellate Authority also rejected our appeal without explaining how harm could be caused.
3/n

We filed a second appeal and approached the Central Information Commission in May 2019. We also filed Written Submissions in all matters. At the hearing in May 2021, we were represented by @VrindaBhandari who was assisted by @TanmayPratapS @krishnesh78 and @anushkaj11
4/n

We argued that seeking anonymous and aggregated data on the orders does not and cannot prejudicially affect national security [Section 8(1)(a)], endanger anyone’s life or physical safety [Section 8(1)(g)], or impede any investigation [Section 8(1)(h)].
5/n

Further, since the CPIO only quoted the bare exemption sections of the RTI Act, without justifying how they’re applicable, we submitted that the burden of proof is on the CPIO to show why information cannot be provided under S. 19(5) of the RTI Act.
6/n

In its final order, the CIC accepted our submissions & stated that the First Appellate Authority hasn't decided these cases with due diligence by disposing of the appeals without dealing with facts. Accordingly the matter has been remanded for a proper adjudication this time.
7/n

We'll keep you updated on this matter. We intend to continue pursuing this information, because in a democracy which recognises the fundamental right to privacy, we must know the extent to which the State undertakes surveillance. Support our work here.
8/n
internetfreedom.in/donate/