The government recently declared 29 institutions as “critical information infrastructure” under the Digital Security Act, 2018 (DSA). So, their computer systems, networks, or information infrastructure will be considered as critical information infrastructure and special measures will be taken to protect them.
According to section 15 of the DSA, the government may declare any computer system, network, or information infrastructure as critical information infrastructure for carrying out the purposes of this Act.
What is the standard to declare any computer system, network, or information infrastructure as critical information infrastructure? As per section 2(g) of the DSA, we can say that the standard should be any external or virtual information infrastructure that controls, processes, transmits, or stores any data or any electronic information, and if the information is damaged or compromised, could adversely affect public safety or economic security or public health and national security or state integrity or sovereignty.
With 29 institutions declared as critical information infrastructure as they are essential to public safety, economic security or public health, national security or state integrity, or sovereignty, and if this is the purpose of declaring critical information infrastructure, then on what grounds have the Ministry of Defense, Ministry of Home Affairs, and the armed forces been excluded from this list? These institutions are essential for national security.
On the other hand, the House of the Nation, the judiciary, the audit department, the health sector, port authorities, and the rest of the banks, except for the four state banks, do not appear on the list. However, port authorities, and except for the four state-owned banks, some other institutions are directly involved in economic security.
So what is the purpose of this list? To ensure public safety, economic security or public health, national security or state integrity or sovereignty, or is it something else altogether?
Whatever the intention, this list has become the biggest obstacle to the right to information. The government enacted the "Right to Information Act, 2009" (RTI) to ensure the free flow of information and people's right to information, but isn't this list an obstacle to exercising the right to information?
Though, the 29 institutions that have been declared critical information infrastructures do not create any legal barriers to direct access information because if any provision of DSA is inconsistent with RTI, then the provisions of RTI will prevail, as per section 03 of DSA. Still, the concerned officials or institutions have the opportunity to hide necessary information by making excuses that that information is related to state security or public safety.
On the other hand, according to section 07 of the RTI, disclosing or providing certain information is not mandatory (ie, any information, the disclosure of which may threaten the security, integrity, and sovereignty of the country; existing relations with foreign countries or international organizations or regional alliances or organizations may be undermined; or any confidential information received from a foreign government).
Furthermore, disclosing or providing any information that may benefit or harm a particular person or organization is not mandatory to disclose or provide (ie, any information, the disclosure of which may impede the enforcement of existing laws or increase crime, the safety of the public or the fair trial of a pending case disruption may occur, any matter pending in court and the disclosure of which is prohibited by a court or tribunal or the disclosure of which will consider as contempt of court, any matter under investigation, the disclosure of which may prejudice the investigation, which may affect the investigation of any crime and the arrest and punishment of the offender).
So, there is also an opportunity to hide necessary information, stating that it is a matter of state security or public safety.
As a result, there is a possibility of violating the fundamental rights (freedom of thought, conscience, and speech) described in Chapter III of the Constitution of Bangladesh. Because the right to information is an integral part of freedom of thought, conscience, and speech, hence, if the free flow of information is not ensured, the fundamental rights of the people will be violated.
Also, according to Article 7 of the Constitution, the people own all the powers in the republic; therefore, ensuring the right to information is essential for the empowerment of the people.
Therefore, ensuring the right to information of the public will increase transparency and accountability of government, autonomous, and statutory bodies. As a result, corruption will be reduced, and good governance will be established in every sector.
Md Harisur Rohoman is a freelance contributor and a student of law.
