Re: “Confidentiality” clause to intimidate

From: Ish Sookun <ish_at_hacklog.mu>
Date: Sun, 18 Oct 2015 22:14:13 +0400

Hello SM,

On 10/18/2015 08:00 PM, S Moonesamy wrote:
>
> I listened to Ish's podcast about '"Confidentiality" clause to
> intimidate' [1]. The "confidentiality" argument only works if a person
> is docile enough to accept everything which he/she is told.
>

A person should be mature & intelligent enough to understand what sort
of information is sensitive, confidential, and in the interest of the
State and its citizens. Corruption is not in the interest of the citizens.

> I am curious to know whether you signed an oath of secrecy as a
> political appointee under Section 35 of the ICT Act.
>

Section 32 of the ICT Act 2001 speaks about "confidentiality". This
section applies to members or officers of the ICT Authority; which
includes members of the board.

Section 32 (1) states the following:

        Every member or officer of the Authority shall -
        
        (a) before he begins to perform his duties under this Act, take an oath
set out in the Third Schedule;
        (b) maintain, and aid in maintaining, the secrecy of any matter which
comes to his knowledge in the performance, or as a result, of his duties
under this Act.

I am a member of the ICT Advisory Council, not the ICT Authority.
Section 35, which you mentioned, defines the "functions of the ICT
Advisory Council". Section 32 does not apply to the ICT Advisory
Council. For the sake of information, I did not sign any oath of secrecy.

Besides Section 32 (2) states:

        Any person who, without legal cause or reasonable excuse, contravenes
subsection (1)(b) shall commit an offence.

By reporting an act of corruption or abuse of power, does an officer
have a valid reason to break his oath of secrecy? I think Mauritians
need to start thinking with their brains rather than being docile under
threats of the intelligent-corrupt officials.

Section 32 (1)(b) mentions "...his duties under this Act." Does the Act
tells officers to close their eyes on corruption? If that happens then
#wearedoomed !!

Regards,

-- 
Ish Sookun
- Geek by birth, Linux by choice
- I blog at HACKLOG.mu
https://twitter.com/IshSookun ^^ Do you tweet?
Received on Sun Oct 18 2015 - 18:14:33 PST

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