No new software developed: EC cites 'trade secrets', withholds SIR details

The Election Commission of India (ECI) has refused to disclose the name and version of the software used during the Special Intensive Revision (SIR) of electoral rolls, citing “commercial confidence”, “trade secrets” and “intellectual property rights.” The poll body, however, said it had not developed or procured any new software for the exercise.

In a response dated October 16 to a Right to Information (RTI) application filed by M A Mujeeb Ayyub on July 27, the EC said the information sought on the software was exempt from disclosure under Section 8(1)(d) of the RTI Act, 2005.

The application sought details of the software, application, algorithm or artificial intelligence (AI) platform used to identify errors, anomalies or inconsistencies in voter records during the SIR exercise.

The applicant also asked whether the software automatically flagged records for verification, correction or deletion, and whether AI, machine learning, predictive analytics or automated decision-support systems were used at any stage of the process.

The EC did not directly confirm or deny the use of these technologies. Instead, it said the questions on automated flagging, AI use, and safeguards against incorrect identification sought clarification and “did not qualify as information under Section 2(f) of the RTI Act.”

The application also sought details of safeguards against false positives and the wrongful flagging of genuine electors, along with the authority responsible for reviewing or approving anomalies before action was taken on an elector's record.

Responding to the question on responsibility for electoral roll decisions, the EC said electoral registration officers (EROs) decide on the inclusion or exclusion of an elector based on facts and records.

ECI also cited Sections 13B(1) and 13B(2) of the Representation of the People Act, 1950, stating that the ERO of the concerned assembly constituency is the statutory authority responsible for preparing and revising its electoral roll.

The applicant was also informed that he could appeal against the response before the first appellate authority within 30 days of receiving the letter.