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In the second quarter of 2024, IFF’s transparency vertical filed 211 RTI applications and 32 First Appeals with various public authorities at the state and union levels to bring transparency and accountability into the functioning of a number of public authorities, and empower Indian citizens with information that affects their digital rights. Some notable responses from this quarter include and more.
Why should you care?
The Right to Information (“RTI”) Act, 2005 was enacted to promote transparency and accountability in the working of public authorities by ensuring that citizens are able to secure access to information in control of these authorities. Facilitating such access is necessary to ensure that democratic processes are not subverted by public authorities acting in private interests. Where transparency is not upheld as a value of public decision-making, citizens are at a disadvantage when it comes to keeping a check on abuse of power by the public authorities.
The RTI Act is thus one of the most important tools at the disposal of the public to engage with, and demand transparency and accountability from, our union and state governments. The Digital Transparency vertical at IFF strives to routinely extract information about various ongoing policies and projects introduced in the public sector through RTI Applications filed under the Act. Responses we receive often pave the way for government engagement, advocacy, and even strategic litigation. Previous reports on our transparency endeavours can be accessed here.
Round-up of RTIs filed
Here is a list of RTIs we filed this quarter:
- We asked the Ministry of Electronics & IT (“MeitY”) detailed questions regarding the Automated Permanent Academic Account Registry (“APAAR”) ID for Indian students for which MEITY is the implementing body. Read our post on the APAAR ID and how it raises alarms for privacy here.
- We also asked the Ministry of Education about APAAR ID and requested a specific policy document regarding implementation of the project. Read about our ongoing efforts to gather comprehensive information about the APAAR ID here.
- As the general elections were ongoing this quarter we asked the Election Commission of India (“ECI”) regarding the launch and use of the app called Voters-in-Q which was reportedly being used to track crowds at polling booths.
- We filed an RTI with the Ministry of Law and Justice regarding the partnership between technology provider Staqu Technologies Pvt. Ltd (“Staqu”) and agencies within the government of India. In our efforts to gather comprehensive information, we filed similar RTIs with 27 state governments to understand the nature of the relationship between Staqu and various State Governments, if any.
- On May 03, 2024, in Kupwara district of J&K, Police reportedly employed GPS trackers on two accused in drug related crime who were released on bail. To gather more information on this real time surveillance, we asked the police department about the legality of such action, copies of documents required in obtaining permission from the court for such action, statistical information on the use of GPS anklets in Kupwara district in the past, the protocol followed by law enforcement for tracking the accused persons, and so on.
- On April 24, 2024, Gurugram Police reportedly collaborated with Truecaller to build safety in digital communication, combating cybercrime, and raising cyber safety awareness among citizens. We asked the Commissioner of Police, Gurgaon seeking a copy of MoU signed between Gurugram Police and Truecaller, among other information.
- On May 14, 2024, the Department of Telecommunications (DoT), under the Ministry of Communications, reportedly issued an advisory warning citizens against responding to fraudulent calls. We asked the Department of Telecommunications (“DoT”) requesting them to provide a copy of this advisory and any other similar advisory issued in the past for the same purpose.
- On April 09, 2024, the High Court of Rajasthan issued a Gag Order, against all media houses from reporting on an ongoing case against a judicial officer. Subsequently, on May 08, 2024, the Ministry of Information and Broadcasting (“MIB”) issued an order directing all the media houses to refrain from reporting on that particular case filed against a judge. We filed two RTIs with MIB in this instance. In our first RTI, we requested for the statistical information on the gag orders which have been issued by the MIB in the last 10 years. In the second RTI, we asked the relevant law under which MIB has the power to issue such orders, status of MIB as being the party to such a case and the consequences of non-compliance amongst other information.
- On May 17, 2024 Prasar Bharti censored the speeches of two leaders of the opposition during their televised address on Doordarshan and All India Radio during the allocated broadcast time in the run up to the ongoing 2024 Lok Sabha elections. We asked Prasar Bharti and Election Commission of India about the conduct/rules under which such speeches were censored, the criteria to censor the speeches, provisions of Model Code of Conduct which were invoked by Prasar Bharti, the institutes on which such rules apply amongst all the other information.
- On April 16, 2024, X posted about four takedown orders issued by ECI against four tweets. Subsequently, we filed seven separate RTIs with the ECI, seeking statistical information on takedown orders for six social media platforms. Additionally, we submitted a generic RTI requesting information on orders issued to all social media platforms from January 1, 2023, until the RTI was received (i.e. April 19, 2024). We also sought copies of the orders, information on the relevant laws granting the ECI the power to issue takedown orders, criteria for determining objectionable content, consequences of non-compliance, and other relevant details. Following is a list of RTIs we filed:
- We asked many public authorities about the use of artificial intelligence in governance:
- We asked Police Headquarters/ Police Commissioners for information related to formation of Fact check units/ Social media monitoring cells:
- We asked MeitY for a breakdown of account takedown and global takedown orders issued to significant social media platforms.
- We also asked both MeitY and NCRB for a breakdown of arrests and pending trials under both Section 69A and Section 79 of the Information Technology Act, 2000.
- We filed First Appeals:
- We had filed an RTI with the ECI regarding the partnership between the ECI and technology provider Staqu. In the response, the PIO disposed of this RTI vide the impugned response stating that the “Election Commission of India has not been partnership or engaged with M/s Staqu Technologies Pvt. Ltd.(Staqu) for voter awareness related activities”. We filed a first appeal on the ground that the information given was inadequate and incomplete. In the RTI, the information sought was for all and any partnerships between the ECI and Staqu Technologies Pvt. Ltd. and is not limited to only “voter awareness activities” to which the ECI has responded.
- We had asked the Ministry of Railways regarding the deployment of AI-enabled CCTV Cameras by the Pune Railway Division. The response stated that the information relating to the provision of CCTV on railway tracks does not come within the purview of the S&T department of the Pune Railways Division. We filed a first appeal on the ground that the PIO is obligated to transfer the RTI application to the competent public authority if the subject matter of such queries is more closely connected with the functions of another public authority.
- We requested information from the ECI regarding content takedown orders issued to various social media platforms, including Facebook, X, Google, ShareChat, ByteDance, and WhatsApp. The ECI responded by stating that they only issued takedown orders to Google, Facebook, X, and Instagram. However, they did not provide copies of these takedown orders, citing confidentiality and stating that disclosure was not in the public interest (under Section 8(1)(j) of the RTI Act), citing Vihar Durve v. CPIO, Election Commission of India (CIC/ECOMM/A/2022/63217, dated 14.07.2023). Given the inadequate response, we filed four first appeals against the responses in the RTI information request for content takedown details for Facebook, X, and Google, as well as a generic RTI seeking all takedown order copies issued to all social media platforms. Our appeals were based on the argument that the scope of information sought in Vihar Durve was broader and that access to takedown orders is essential for identifying violations and enabling their challenge in court.
Round-up of prominent responses
We tracked policy consultations, news headlines, and emerging government schemes to make measured RTI interventions on a number of concerning initiatives. Here are some key responses we received to our RTIs this year, along with a summary of outcomes that emerged from them:
Passing the parcel: APAAR ID edition
We have filed a host of RTIs with the Ministry of Education and MeitY about the seemingly lawless APAAR ID which is being implemented at breakneck speed across India only to receive no responses. We asked the Ministry of Education about APAAR ID and requested for a specific document titled “Schooling: Access and Quality” which had supposedly been presented by the Minister of Education at the National Conference of Chief Secretaries held in New Delhi on December 28-29, 2023. This simple RTI has been transferred 25 times between various departments within the Ministry in the past two months since it was filed. This follows a consistent trend of evading any question regarding APAAR ID which may be a PR darling for MoE but it surely does not want to talk about it much when asked. Read about our ongoing efforts to gather comprehensive information about the APAAR ID here.
The Rajasthan HC Gag Order episode
We filed two RTIs with the Ministry of Information and Broadcasting (“MIB”) in relation to the circular dated 08.05.2024 issued by the MIB in pursuance of the Rajasthan High Court’s order dated 09.04.2024 in a case involving a judge as an accused. We asked the Ministry about its involvement in the case. We also sought clarification on whether this circular is binding and mandatory, along with the legal basis empowering MIB to issue such directives. Additionally, we also inquired about the consequences of non-compliance with this circular and specific details regarding the applicability of MIB’s directives in the circular to newspapers and print media, as well as their applicability to digital media platforms. We have also asked the statistical information on the Gag Orders issued in the last ten years amongst all the information. To our both the RTIs, MIB first responded on 05.06.2024 and 06.06.2024 stating that the relevant information is not available with the press section of the Ministry. Later, on 20.06.2024, the Under Secretary to the “MIB” gave another detailed response to both of our RTIs.
In response to our queries regarding the MIB’s involvement in the referenced case, the specific directive from the Rajasthan High Court in its order dated 09.04.2024 for MIB to issue the circular dated 08.05.2024, and the applicability of this circular to digital media, MIB has informed us that the information pertaining to these matters resides within the digital media section of the ministry and transferred the RTI. We anticipate receiving comprehensive clarification from the digital media section in this instance.
When asked about the binding nature of the circular dated 08.05.2024 issued by the MIB, it referred to the Cable Television Network Regulation Act, 1995, and its Rules, specifically highlighting Section 19(1) of the Cable Television Network Rules, 1994. They emphasised that all programs aired on private satellite TV channels must comply with the Programme and Advertising Codes, which prohibit content amounting to contempt of court. MIB also outlined the establishment of an oversight mechanism responsible for issuing guidelines and enforcing compliance. Regarding the consequences of non-compliance with the circular dated 08.05.2024, MIB stated that the oversight mechanism takes actions in cases of non-compliance, ensuring adherence to regulatory standards set forth under the Cable Television Network Regulation Act.
In response to our inquiry regarding statistical information and copies of gag orders issued over the past decade, the MIB directed us to refer to the directions pertaining to private satellite TV channels, which are accessible on the ministry’s official website. When further questioned about the legal basis for issuing such orders, MIB cited Section 19(1) of the Cable Television Network Rules, 1994. They also emphasised the establishment of an oversight mechanism responsible for issuing guidelines and taking enforcement actions in cases of non-compliance. This mechanism ensures adherence to regulatory standards governing content broadcasted on private satellite TV channels, as stipulated under the Cable Television Network Regulation Act. We are in the process of understanding and analysing these responses.
Digital crop survey goes live
We asked the Ministry of Agriculture and Farmers Welfare, Digital Agriculture division about the use of AI to conduct crop surveys, and the ministry responded to us providing detailed answers to all of our queries. On our query regarding the status of the national Digital Crop Survey (“DCS”), it was disclosed that a pilot DCS was conducted for the Rabi 2023-24 and Kharif 2023 crops in 11 states (Bihar, Uttar Pradesh, Madhya Pradesh, Maharashtra, Odisha, Assam, Kerala, Tamil Nadu, Telangana, Gujarat, and Rajasthan). When we asked for the official approval order initiating the survey, guidelines issued for the pilot DCS were provided. It was also informed that the Information collected during the DCS includes farmer ID, farm ID, geotags, and for several other fields, the information is collected at the discretion of states.
The response confirmed that an official mobile application has been developed by the union government in-house with support from the National Informatics Centre. The technology stack for the DCS mobile application includes Kotlin for programming and SQL Lite for the database. Regarding privacy impact assessment and cost-benefit analysis, it was stated that the pilot DCS has been conducted, and the data regarding the same is with the respective state governments.. It was also disclosed that findings from past DCS pilot surveys are maintained by the states, and the Ministry of Agriculture and Farmers Welfare plans to operationalize the DCS nationwide from the Kharif 2024 season. We are in the process of analysing this response and possible implications of DCSs on farmers’ data privacy.
AI projects that don’t exist?
In our last transparency report, we found some interesting responses where despite the media reporting their involvement with AI, the ministries denied any such projects taking place. This quarter also, the ministry of food processing and Industries responded that no project is undertaken with the use of AI in the food processing sector under operation greens scheme, despite reporting from the media. It further clarified that no project is undertaken with the use of AI even with the Integrated Cold Chain and Value Addition Infrastructure component scheme of PMKSY, MoFPI.
The Staqu investigation goes on!
We filed multiple RTIs with 27 state governments and the Ministry of Law and Justice of the Union government to understand the nature of the relationship between technology provider Staqu Technologies Pvt. Ltd (Staqu) and State Departments within the State Government, if any. The responses that we have received till now have varied—some states have denied having any agreement with Staqu Technologies like Jharkhand, Chhattisgarh, Manipur, Bihar, Tripura and Kerala; on the other hand, states like Uttar Pradesh, Tamil Nadu, Himachal Pradesh and Gujarat have replied by stating that information we asked is outside the scope of the public authority and is not available with the state department.
Till now, only the Haryana government stated that Staqu was empaneled with HARTRON, the nodal agency for computerization, procurement of computer systems for the state of Haryana in 2019. The reason for empanelment was for software development and implementation for the state government departments, boards and corporations. However, the response reveals that the contract with Staqu expired in February 2021 and during this period Staqu was not engaged in any project/work by the ICT Division. We are awaiting responses from other 16 states and will keep you updated in our next quarterly report.
ECI’s Takedown Orders
We filed seven separate RTIs with the ECI regarding the content takedown orders issued to ByteDance, Facebook, Google, ShareChat, X, and WhatsApp. In the interest of due diligence, we also filed an RTI seeking statistical information on the content takedown orders to all the social media platforms from 01.01.2023 until the receipt of the RTIs (i.e. 19.04.2024). Almost a month later, the ECI in its response stated that they issued 55 takedown orders, providing concurring information in the social media platform-specific RTIs as well.
However, they refused to provide copies of the takedown orders citing Section 8 (1)(j) of the RTI Act, 2005 and relied on Vihar Durve v. CPIO, Election Commission of India (CIC/ECOMM/A/2022/63217, dated 14.07.2023). The ECI stated that it issues takedown orders to social media platforms under the Voluntary Code of Ethics, an agreement they have signed to voluntarily conduct awareness campaigns on electoral laws, and related instructions. Further, on being questioned about the ‘criteria for objectionable content’, the ECI has simply stated “You may refer to Handbook for Media Matters for CEOs and DEOs available on IICI’s website.” We have filed first appeals as the information given was inadequate and incomplete.
So, what’s next?
Well, we shall continue to track the news and file pertinent RTI requests and first appeals where necessary, and keep fighting the good fight for transparent, accountable, and citizen-led democratic institutions. We look forward to receiving responses to the remaining RTIs and will keep you updated in our next quarterly report, so stay tuned!