electronic record

8/3/2019 Electronic Record

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ELECTRONIC RECORD

&DIGITAL SIGNATURE


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Introduction

The government of India introduced theInformation technology act, 2000 formaking suitable amendments to theexisting laws to facilitate e-commerce

and give legal recognition to electronicrecords and digital signatures, which willfacilitate the conclusion of contracts andthe creation of legal rights andobligations through electroniccommunication like internet.

The IT law also contains provisionsregarding cyber law and all otheractivities carried out by electronic

means.


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What is Electronic Record ?

According to Information technology Act, 2000(Section 2).Electronic record means data, record or data generated, image

or sound stored, received or sent in an electronic form or

micro film or computer generated micro fiche.

What is Digital Signature ?

Digital Signature means authentication of any electronic record

by a subscriber by means of an electronic method orprocedure in accordance with the provision of Section 3.

- According to Information technology Act, 2000

(Section 2)


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Security of Electronic record anddigital signature The IT act sets out the conditions that would apply to qualifyelectronic records and digital signatures as being secure . It contains

section 14 16

14. 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 deemedto be a secure electronic record from such point of time to the timeof verification.

15. Secure digital signature.

If, by application of a security procedure agreed to by the partiesconcerned, it can be verified that a digital signature, at the time itwas affixed, was-

unique to the subscriber affixing it.

capable of identifying such subscriber.

created in a manner or using a means under the exclusive control ofthe subscriber and is linked to the electronic record to which itrelates in such a manner that if the electronic record was altered thedigital signature would be invalidated.

then such digital signature shall be deemed to be a secure digitalsignature.


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16. Security procedure. The Central Government shall for the purposes of this

Act prescribe the security procedure having regard tocommercial circumstances prevailing at the time whenthe procedure was used, including-

the nature of the transaction. the level of sophistication of the parties with reference

to their technological capacity.

the volume of similar transactions engaged in by otherparties.

the availability of alternatives offered to but rejected byany party.

the cost of alternative procedures, and

the procedures in general use for similar types oftransactions or communications.


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What is digital signaturecertification? Section 35 lays down the procedure for insurance of a

digital signature certificate .

It provides that an application for such certifacte shallbe made in the prescribed form and shall be prescribedby the central govt. and different fees may beprescribed for different classes of applicants. Thesection also provides that no digital signature certifacteshall be granted unless the certifying authority issatisfied .

The applicant holds the private key corresponding

to the public key is listed

A private key , Is capable of creating a digital signatureThe public key is listed in the certificate and can be used

to verify the signature


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SUSPENSION OF DIGITALSIGNATURE CERTIFICATE The certifying authority may suspend

such certificate if it thinks that such astep needs to be taken in public

interest . It shall not be suspended for a period

exceeding 15 days unless the

subscriber has been given anopportunity of being heard .


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REVOCATION OF DIGITALSIGNATURE CERTIFACTE SECTION 38 provides for revocation

under certain circumstances. Suchrevocation shall not be done unless

the subscriber has been given anopportunity of being heard in thematter.

Revocation or suspension should bepublished through a notice by acertifying authority.


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Duties of subscribers (Sec 40-42) The subscriber shall generate a key pair

using a secure system.

By accepting the certificate, the

subscriber certifies to the public; That he holds the private key correspondent

to the public key.

That all the information contained in the

certificate as well as material relevant aretrue.

The subscriber shall exercise all

reasonable care to retain control of his


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Penalties and adjudication (43-47)

The act provides for awardingcompensation or damages for certaintypes of computer frauds.

It also provides for the appointment ofadjudicating officer for holding aninquiry in relation to certain computer

crimes and for awardingcompensation.


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Types of penalties

Penalty for damage to computer, computersystem or network. It is dealt under sec 43 by any of the following

methods. By Securing access By downloading or extracting any data, computer

database of information or those stored in anyremovable storage medium.

Introducing any computer contaminant or virus.

By damaging. By disrupting.

By denying access to any person authorized.

Providing assistance to any unauthorized person.


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Penalty for failure to furnish information,return, etc (Sec 44) If any person who is required to under this

act or any rules or regulations made

thereunder to:- Furnish any document, return or report to the

controller or the certifying authority fails to doso.

File any return or furnish any information,books or other documents with in the timespecified therefore in the regulations.

Maintain books of account or records, fails to

maintain the same.


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Residuary penalty (Sec 45)

Whoever contravenes any rules andregulations made under this act, for

the contravention of which no penaltyhas been separately providedaccording to this section.


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Adjudicating officer

Power to adjudicate according to section46.

The officer can not be below the rank ofa director to the government of India oran equivalent officer of a stategovernment.

Such appointment is made by the central

government. A person to be eligible must have

adequate experience in the field of ITand such legal or judicial experience as

may be prescribed by the central


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Quantum of compensation

Section 47 provides that whiledeciding up on the quantum ofcompensation the officer shall have

due regard to the amount of gain ofunfair advantage and the amount ofloss caused to any person as well as

the respective nature of the default.

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