NEW DELHI, April 28: The Union Government plans to dilute the Official Secrets Act to promote "openness, transparency and accountability" in administration. The Government is ready with the Freedom of Information Bill, 1998, which is likely to be introduced in the next session of Parliament.Under existing law, the term "official secret" is a sweeping one and refers to virtually all inter-Government communication. But the Freedom of Information Bill specifies that all facts concerning important decisions and policies that affect the public will be accessible to the public. Towards this effect, the Bill - modelled somewhat on the Freedom of Information Act in the USA - aims to set up a mechanism to seek information.Under this, information can be obtained from the concerned Public Information Officer (PIO). After the request, the PIO will make the information available on the payment of a "prescribed fee". The fee structure for various categories of information, according to the Bill, will be formulatedby the Central Government by notification in the gazette.The Bill makes it mandatory for the PIO to either provide the information or reject the request within 30 days of the request being made except in cases where an additional fee is required for various reasons. While rejecting a request, the PIO has to give the reasons for such a rejection, the period within which the appeal shall be preferred and the particulars of the appellate authority. The Bill also provides for a second appeal.The Bill also bars any "suit, prosecution or other legal proceeding" against any person for anything which is done in good faith or intended to be done under this Act. In a further contrast to the Official Secrets Act, the Section 27 of the Bill provides: "No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise or than by way of an appeal under this Act."Freedom of information is defined as "the right toobtain information from any public authority by means of inspection, taking extracts and notes, obtaining certified copies of records of public authority and obtaining through electronic means or print-outs where such information is stored in a computer or in any other device."Twelve categories of information has been classified as secret and exempted from being disclosed. The classified categories range from the obvious such as information that would affect the sovereignty, integrity or security of the state to the ambiguous: information that would "prejudicially affect the conduct of Centre-state relations."Interestingly, one of the security and intelligence organisations whose operations are not barred from public scrutiny is the Central Bureau of Investigation which does not figure in the organisations covered by the Schedule such as the Intelligence Bureau, Research and Analysis Wing and Directorate of Revenue Intelligence.
