Election Commission refuses to name SIR software, citing trade secrets in RTI reply

The Election Commission has refused to identify the software used to spot errors in electoral rolls during the Special Intensive Revision (SIR), citing legal protection for trade secrets, according to a report by Hindustan Times on Sunday.

What the RTI applicant wanted to know

The reply, dated October 16, was sent to MA Mujeeb Ayyub, a social activist from Karimnagar in Telangana. He had asked for the name and version of any software or AI platform used to identify irregularities in voter records. He also wanted to know whether the system automatically marks entries for checking, correction or deletion.

Ayyub sought details of safeguards against genuine voters being flagged by mistake and asked who reviews a flagged record before action is taken. 

The Commission said that "no new software has been developed or procured for the SIR exercise". It also said electoral registration officers (EROs) make the final decisions on including or excluding voters after examining relevant facts and records.

Why the Election Commission withheld the software details

For the software's identity, the poll body invoked Section 8(1)(d) of the RTI Act, which protects "commercial confidence, trade secrets and intellectual property" under certain conditions. The exemption is not unconditional: the law permits disclosure if the competent authority finds that a larger public interest justifies it.

The Commission treated questions about automated alerts, artificial intelligence, machine learning and protection against incorrect flags as requests for clarification, rather than information covered by Section 2(f) of the RTI Act.

When asked who checks the flagged records, it cited Section 8(1)(g), a provision dealing with threats to personal safety and the protection of confidential sources. It referred to electoral registration officers' legal responsibilities under the Representation of the People Act, 1950.

SIR voter list controversy and concerns over software access

The RTI response comes amid separate disputes over the management of voter data. A September investigation by The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had lodged at least 14 written objections over 10 months. Some concerned access to electoral-roll systems and decisions about adding or removing names.

The Election Commission described differing views as part of its internal decision-making process and said its digital systems followed strict security arrangements. The Indian Express also reported that more than 13 crore entries had been removed from draft rolls across 30 states and Union Territories. Draft-roll exclusions should not be confused with final decisions, as electoral lists can change through claims and objections.

Former chief election commissioner OP Rawat told Hindustan Times that the RTI applicant should appeal the refusal. Under Section 19 of the RTI Act, a first appeal can generally be filed within 30 days of receiving a decision.

How voters can check their names during SIR

For ordinary voters, the immediate safeguard is to check that their names appear on the electoral roll. The Election Commission's official search service, electoralsearch.eci.gov.in, allows people to verify their registration details.

The Commission's voters' portal, voters.eci.gov.in, provides Form 6 for registration or a claim for inclusion and Form 8 to correct an existing entry. Anyone who finds an error can contact the electoral registration officer for the constituency or use the relevant online service.

Also Read: France protests turn violent - Nearly 1,000 arrested; Trump blames immigration, Macron hits back