[Commerce Class Notes] on Cyber Laws – Electronic Record and E-Governance Pdf for Exam

According to the definition of E-governance provided by the World Bank, it is the approach of governmental agencies to use technologies related to communication and information for the purpose of transforming and strengthening relations with businesses, citizens, and other governmental agencies. The IT Act, 2000, defines one of its prime objectives as electronic governance or e-governance promotion. Let us discuss electronic records and E-governance in detail. 

Mention of e-Governance and Associated Provisions in the IT Act, 2000

To know what an e-record is, it is important to understand the electronic record’s meaning. The electronic record meaning is best described in the legal recognition of electronic records, digital signatures, and associated topics, for which the following provisions of the IT Act, 2000 were formulated.

For any important point to become a law, it is needed to be written, printed, or typewritten. It can also be considered to be a law if the information is provided in an electronic form. However, the electronic form must be accessible all the time for subsequent referencing.

Most of the documents related to a person are authenticated by his or her signature. If the person can produce a digital form of his signature acceptable by the central government, then the person is legally allowed to validate the documents with the digital signature. This is the summary of the legal recognition of digital signature provision.

According to this provision, if the law allows a person 

• To fill an application, form, or document related to Government authorities or related agencies,

• To issue or grant sanction, licence, approval, or permit in a particular way,

• To Pay or receive money in a certain manner then the person can certainly do so in an electronic form if he maintains the government-approved format.  

Additionally, the manner and format of creating, issuing, and filing electronic records, and the methods of payment of fees for the same may be prescribed.

The law can also retain the electronic form of any information, document, or record if it needs to do so. Retention of records can take place if the records are accessible and available for subsequent referencing, the format of the information is unchanged, or accurately represent the original information, and adequate information of the destination, origin, and date and time of receipt or dispatch of the record. The law does not hold for automatically generated information related to the dispatch or receipt of the record. However, the provision does not apply to laws that expressly provide for electronic retention of documents, records, and information.

If the law requires to publish any official rule, regulation, notification, by-law and related matters in the Official Gazette, then it can also do so in the Electronic Gazette. The publication date of such rules and regulations will be the same as its first published date in any form of the Gazette.

• Section 6, 7, and 8 does not Provide the Right to insist Acceptance of an Electronic Form of the Document (Mentioned in Section 9 of the Act)

The previous sections 6, 7, and 8 do not grant the right to any person to insist on the issuance, acceptance, retention, or creation of any document or monetary transactions directly from the central or the state government, ministry of the department, or associated agencies.

According to the IT Act, 2000, the central government has the power to prescribe:

• Format and manner of affixation of the digital signature.

• Digital signature type.

• Identification procedure for the person who affixes the digital signature.

• Determines the procedures to justify the security, integrity, and confidentiality of electronic records.

• Any other legal procedures for digital signature.

Data Protection

According to Section 43A of the IT Act, 2000, if the body responsible for maintaining the security of personal information and data in a computer resource shows negligence leading to wrongful gain or loss, then the body is liable for paying damages as compensation up to 5 crore rupees.  Additionally, the Government of India incorporated the Information Technology Rules, 2011, under section 43A of the IT Act, 2000, which applies the rules of security to all corporate bodies in India.

Interesting Facts about Cyber Security 

The origin of the word “cyber” can be traced back to a time when there was no trace of the internet at all. Back then, the word cyber was used in association with computers and their networks, and even virtual reality at times. This usage can further be traced to a time (the 1940s) when the word “cyber” started to get pushed into English by Norbert Wiener, a reputable scientist of that time. 

In the 1970s, Bob Thomas, a researcher, came up with a certain computer network called “CREEPER” that was able to move across a network called “ARPANET”, and wherever it went, it would leave a trail behind it. This is when the concept of cyber security was first utilized.