Govt broadens rules that bar retired officials from publishing sensitive information

The rules apply to employees who retire from a sveral agencies such as R&AW, IB and others

Officials who had worked in intelligence and security-related organisations have been barred from publishing sensitive information with the Government amending the rules in this regard, emphasising that they cannot share any material on “domain of the organisation” or its personnel.

The Central Civil Services (Pension) Amendment Rules 2021, notified on Tuesday, also said prior clearance from the head of the organisation should be taken for any publication after retirement. The head of the organisation will have the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, the new order said.

All employees would have to give an undertaking to the head of the organisation that they would not publish such information failing which pension can be “withheld or withdrawn”, the amendment states.

The Central Civil Services (Pension) Amendment Rules 2007, notified in March 2008, had said officials were barred from publishing any sensitive information, "the disclosure of which would prejudicially affect the sovereignty and integrity of India”.

The new amended rule reads, “No government servant, who, having worked in any intelligence or security-related organization…shall, without prior clearance from the head of the organisation, make any publication after retirement, of any material relating to and including domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organization”.

It also said "sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, or relation with a foreign State or which would lead to incitement of an offence" will not be published.

As the amended rules became a talking point, sources in the Department of Personnel and Training issued a clarification on Wednesday saying an "erroneous and misleading narrative" is sought to be created with regard to the rules, which were designed to remove any confusion regarding existing restrictions on the subject.

Emphasising that the intention is always to safeguard national interest, it said, "in the past, a few intelligence and government officials, who have worked in Intelligence or Security-related organisations, have publicly expressed themselves, by means of writing or speaking, revealing specific knowledge and sensitive information gained by virtue of having worked in that organisation."

"In order to bring clarity, these rules were issued. By no means do these rules deny any such former official from expressing his/her views. In fact, it makes it easier for them to do so, given that they can now contact the Head of their former employer organisation and seek clarification on whether the proposed material is sensitive or non-sensitive," it added.

The 2007 rules did not mention the domain of the organisation and reference to any personnel. It had barred the employees from publishing material including “sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, or relation with a foreign state or which would lead to incitement of an offence” after their retirement.

The new rules apply to employees belonging to the Intelligence Bureau, Research and Analysis Wing, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Aviation Research Centre, Border Security Force, Central Reserve Police Force, National Security Guards, Central Industrial Security Force, Indo-Tibetan Border Police, Narcotics Control Bureau, Special Frontier Force, Special Protection Group and Financial Intelligence Unit among others.

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