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legal recognition of electronic record

The Information Technology Act, 2000 provides a legal framework for the recognition of electronic records, digital signatures, and electronic contracts in India, ensuring their validity and enforceability. It outlines provisions for e-governance, including the authentication of electronic records and signatures, and the legal recognition of electronic contracts between citizens and government entities. Amendments in 2008 further enhanced the Act by introducing data protection measures and establishing obligations for organizations to secure personal data.

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3K views4 pages

legal recognition of electronic record

The Information Technology Act, 2000 provides a legal framework for the recognition of electronic records, digital signatures, and electronic contracts in India, ensuring their validity and enforceability. It outlines provisions for e-governance, including the authentication of electronic records and signatures, and the legal recognition of electronic contracts between citizens and government entities. Amendments in 2008 further enhanced the Act by introducing data protection measures and establishing obligations for organizations to secure personal data.

Uploaded by

Rupesh Sapui
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LEGAL RECOGNITION OF ELECTRONIC RECORD AND ELECTRONIC

GOVERNANCE
The Information Technology Act, 2000 also aims to provide the legal
framework under which legal sanctity is accorded to all electronic records and
other activities carried out by electronic Information Systems Control and Audit
means. The Act states that unless otherwise agreed, an acceptance of contract
may be expressed by electronic means of communication and the same shall
have legal validity and enforceability.
Section 3 gives legal recognition to electronic records and digital signatures.
A digital signature is created through two steps: first, the electronic record is
converted into a message digest using a "hash function" to ensure the integrity
of the intended communication content. Any tampering with the record's
content will invalidate the digital signature. Second, the identity of the person
affixing the digital signature is authenticated using a private key attached to
the message digest. This key can be verified by anyone with the public key
corresponding to the private key, allowing them to verify whether the
electronic record is intact or has been tampered with since the digital
signature was fixed
Section 3A of the Information Technology Act, deals with Electronic
signature. A subscriber can authenticate any electronic record by such
electronic signature or electronic authentication technique which is considered
reliable and may be specified in the Second Schedule. An Amendment to the
Information Technology Act in 2008 introduced the term electronic signatures.
The implication of this Amendment is that it has helped to broaden the scope
of the Information Technology Act to include new techniques as and when
technology becomes available for signing electronic records apart from Digital
Signatures.
Sections 4 to 10A of the act deals with E-governance or Electronic
Governance it outlines The text outlines the legal recognition of electronic
records, signatures, and contracts in government offices and agencies. It
states that electronic records satisfy any law requiring typewritten or printed
information, and allows for legal recognition of digital signatures. If a law
requires authentication by affixing a person's signature, digital signatures
affixed by the Central Government can be fulfilled, ensuring information or
matter can be authenticated in compliance with the law.
Section 4 of Information Technology Act, 2000 provides legal recognition
to Electronic Records. As per Section 4 of the Act, where any law provides that
information or any other matter shall be in writing or in the typewritten or
printed form, then, notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisfied if such information or
matter is rendered or made available in an electronic form; and accessible so
as to be usable for a subsequent reference.
Section 5 – Legal Recognition of Digital Signatures: This section provides
that digital signatures will be recognized as a valid method of authentication,
equivalent to handwritten signatures, for electronic documents. The use of
digital signatures is essential in ensuring the authenticity of e-government
transactions and services.
As per Section 6 of Information 2000 , aims to eliminate red tapism and
promote use of electronic records and digital signatures in Government and its
agencies. It provides for filing documents online with governmental authorities,
grant of licenses/approvals and receipt/payment of money.
Section 7 of the Information Technology Act, 2000 provides for retention
of records in electronic format. and the manner in which this information is
accessible. In case of the electronic as well as the traditionally printed gazette,
it is stipulated that publication of rules, regulations and notifications in the
Electronic Gazette shall also be legally recognized
As per Section 7-A of Information Technology Act, 2000 where in any
law, there is a provision of audit of documents, records or information, that
provision shall also be applicable for audit of documents, records or
information maintained in the electronic form .
As per section 8 of the Information technology act, 2000. The Official Gazette
is the primary source of information for any rule, regulation, byelaw, or
notification. If the rule is published electronically, the date of publication is the
first published version. However, electronic filing of returns or records is not
mandatory, as the government needs time to establish infrastructure facilities
for future electronic transactions. This ensures that the official Gazette is
always available for public access.

Section 10: the Central Government has been conferred with the power to
make rules in respect of Digital Signature, interalia, the type, manner, format
in which digital signature is to be affixed and procedure of the way in which
the digital signature is to be processed.The Central Government may, for the
purposes of this Act, by rules, prescribe-

 the type of digital signature.


 the manner and format in which the digital signature shall be affixed.
 the manner or procedure which facilitates identification of the person
affixing the digital signature.
 control processes and procedures to ensure adequate integrity, security
and confidentiality of electronic records or payments, and
 any other matter which is necessary to give legal effect to digital
signatures

Section 10A – Legal Recognition of Electronic Contracts: This section


ensures that contracts formed through electronic means (e.g., emails,
websites, etc.) are legally enforceable in India. It also allows for the recognition
of contracts in e-governance transactions between citizens and government
entities, provided they meet the required conditions under the law.
Section 11 of Information Technology Act, 2000 provides that an
electronic record shall be attributed to the originator if it was sent by the
originator himself; or by a person who had the authority to act on behalf of the
originator in respect of that electronic record; or by an information system
programmed by or on behalf of the originator to operate automatically.
Section 12 provides for the manner in which acknowledgement of receipt of
an electronic record by various modes shall be made.
Section 13 of the act provides for the manner in which the time and place of
dispatch and receipt of electronic record sent by the originator shall be
identified. Generally, an electronic record is deemed to be dispatched at the
place where the originator has his place of business and received where the
addressee has his place of business.
Section 16- Secure electronic record.
Where any security procedure has been applied to an electronic record at a
specific point of time, then such record shall be deemed to be a secure
electronic record from such point of time to the time of verification.
Section 15 -Secure electronic signature.
An electronic signature shall be deemed to be a secure electronic signature if-
(i)the signature creation data, at the time of affixing signature, was under the
exclusive control of signatory and no other person; and(ii)the signature
creation data was stored and affixed in such exclusive manner as may be
prescribed.
Section 16 empowers the Central Government to prescribe security
procedures for these records and signatures, considering factors like
transaction nature, technological capacity, alternative procedures, and volume
of similar transactions.
Information Technology (Amendment) Act, 2008 , enhanced legal
recognition of e-governance through provisions on data protection, electronic
security, and digital contracts.

Section 3A – Secure Electronic Record: The amendment introduced the


concept of ensuring that electronic records are stored securely, especially for
government purposes. This helps build public trust in the security of digital
records used in e-governance processes.

Section 43A – Compensation for Failure to Protect Data: This section


establishes the obligation of companies and organizations (including
government bodies) to ensure that personal and sensitive data are protected
from unauthorized access or breach. This provision contributes to the security
and privacy of electronic records, which is critical for the trust and
effectiveness of e-governance.

Section 69 – Power to Issue Directions for Interception or Monitoring of


Electronic Communication: While this provision grants the government powers
to intercept communications in specific situations (for national security and law
enforcement purposes), it also provides the government with a means to
monitor and control e-governance platforms, ensuring compliance with legal
and security standards.

Section 79 – Intermediary Liability: This section limits the liability of


intermediaries, such as internet service providers (ISPs), social media
platforms, and e-commerce websites, by providing a "safe harbor" provision. In
the context of e-governance, this protects platforms that host government
services or information, ensuring that they are not held liable for third-party
content.

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