ECI denies RTI info on its electoral roll software, cites exemption for ‘trade secrets’

The Election Commission of India (ECI) has refused to disclose information related to its software, ECINet, which is at the centre of allegations, including centralisation of the electoral roll database. The ECI denied the information, stating that the query under the Right to Information Act (RTI) was related to commercial confidence, trade secrets and intellectual property matters. 

The reply was given on October 16 to an RTI filed by Telangana-based social activist M A Mujeeb Ayyub. 

For denying the information, the ECI cited Section 8 (1) of the RTI Act, which gives certain exemptions from disclosure. Section 8(1) (d) gives exemption for information including commercial confidence, trade secrets or intellectual property if the disclosure would harm the competitive position of a third party. 

In a reply to another question, ECI stated that it had not developed or procured any new software for the Special Intensive Revision (SIR) exercise.

The ECI has also denied certain information under section 8 (1)g which exempts disclosure of information if it would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. 

According to reports, Ayyub’s RTI query included the name and version of software, application or AI platform used to detect errors in voter data, whether AI, machine learning, predictive analytics or automated decision support tools were used at any stage, and the authority that reviews or approves flagged anomalies before action is taken on a voter’s record.

The RTI reply mentioned that EROs decide on the inclusion/exclusion of an elector on the basis of facts and records. It also added that EROs of the assembly constituency concerned were the statutory authority responsible for the preparation and revision of the electoral roll of the constituency. 

A few days ago, a public code audit conducted by a civic-tech platform Charchagram had identified features in the ECINet which allow select officials to enable or disable state-wise access to enumeration form details. Multiple media outlets had also reported various flaws in the ECINet, including alleged centralised control of access and inability to record reasons for deletion of names from rolls, and so on.

Senior Congress leader Jairam Ramesh criticised the ECI over denial of information related to ECINet. He alleged that the lack of transparency around the ECINET software and the use of AI had damaged the credibility of the entire process among citizens. “The ECI is repeatedly refusing to provide this information because it will reveal the reality of the massive, centralised manipulation that has taken place,” he wrote in an X post.