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/

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More from @internetfreedom

21 May
We are filing RTIs seeking further information under which provision of law are such directions being issued by the Government of India. Further updates will follow.
Update : We have filed RTIs with the relevant government ministries. We will be monitoring @lumendatabase. Government censorship needs to be anchored in a legal power, that is exercised with transparency. To determine legality & safeguard public’s right to receive information.
Further: Our democratic system relies on a system of laws that are constitutionally consistent. Hence, it becomes vital as per the Hon’ble Supreme Court’s judgement in the Shreya Singhal case for directions by a Court or Government of India to be within prescribed jurisdiction.
Read 4 tweets
21 May
#DataProtectionTop10
Part 6 of our series on the Personal Data Protection Bill focuses on data localisation. What happens to the Internet's open nature? How does the Government decide which data is restricted? How is your privacy affected? A thread. 1/n
internetfreedom.in/dataprotection…
There are two kinds of personal data with location restrictions:
a. sensitive
b. critical
As per Clause 33, when sensitive personal data is transferred outside India with explicit consent, a copy of such data shall continue to be stored in India. This is data mirroring.
2/n
However, critical personal data is strictly localised, and may be stored and processed only in India. It may be transferred only for prompt actions, or if the Central Govt. decides at its discretion that it doesn't affect State security and strategic interests (Clause 34). 3/n
Read 7 tweets
20 May
RTI update: IFF has received a copy of the MoU between @AgriGoI and @MicrosoftIndia for a pilot project in 100 villages. It appears to propose that farmer’s data will be used for identity authentication and mentions a data sharing agreement. Thread!
1/n
internetfreedom.in/revealed-minis…
The Agri Ministry signed an MoU with Microsoft for a pilot project in 100 villages in 6 states, so as "to develop farmer interface for smart and well-organized agriculture, including post-harvest management and distribution". See for background:
2/n
Our joint letter with 55 organisations to the Agri Minister emphasised concerns such as exploitation of farmers by procurers, reduced agency on the part of farmers, and inadequate land records. The MoU's analysis has laid these issues bare.
3/n
internetfreedom.in/joint-letter-t…
Read 8 tweets
17 May
Attention, Indian Internet! Recent reports state that the Telegraph Act is going to be updated to include #NetNeutrality considerations. While this is a welcome move, we wrote to @MoitOfficial highlighting issues to consider while drafting the bill.
1/n
internetfreedom.in/telegraph-act-…
According to @TRAI, the all-India market share for broadband services is captured by 3 ISPs- Reliance Jio, Bharti Airtel & Vodafone Idea. This threatens the implementation of net neutrality, as powerful players may be less liable to account for our concerns.
2/n
#NetNeutrality implementation has suffered in India due to tensions among the government, civil society & ISPs, who've been trying to evade responsibility & pushing for 'soft touch regulation'. This is why arbitrary website blocking & lack of transparency continues illegally.
3/n
Read 9 tweets
17 May
Today, at 11am, we have six appeals listed before the Chief Information Commissioner. These relate to 6 RTI applications we filed in 2018 seeking disclosure of data relating to interception, decryption and monitoring of electronic communication.
Why is this significant?

We want to know the scale of surveillance by the State on citizens. For this, we asked for statistics related to no. of orders issued under the IT Interception Rules.

We have not asked for info relating to the identity of the persons being monitored.
The CPIO, however, sought exemption under the following Sections of the IT Act:
8(1)(a) - Info affects National Security
8(1)(g) - Info endangers life of a person
8(1)(h) - Info impedes ongoing investigation

We filed an appeal against the CPIO’s refusal to provide information.
Read 4 tweets
11 May
#DataProtectionTop10
We’re discussing consent in part 3 of our series, analysing the issues in the Data Bill. From letting your employers spy on you to denying you essential services, a thread on how the safety net of consent is torn in the Bill. (1/n)
internetfreedom.in/dataprotection…
Consent is said to be valid under the Bill, if it's given freely, informed, specific, clearly expressed & is capable of being withdrawn. There are exceptions to the State, employers, etc. which debilitate user control over personal data, detrimentally affecting our rights. (2/n)
Exceptions under clause 12 essentially legitimise the collection and processing of personal data by the State for projects like Aadhar, as it can process personal data without user consent for certain purposes, like the provision of services, benefits, or certifications. (3/n)
Read 9 tweets

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