Cyber Laws
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.
Legal Recognition of Electronic Records (Mentioned in Section 4 of the Act)
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.
Legal Recognition of Signatures (Mentioned in Section 5 of the Act)
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.
Application of Digital Signature and Electronic Records in Government and its Agencies (Mentioned in Section 6 of the Act)
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.
Retention of Electronic Records (Mentioned in Section 7 of the Act)
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.
Publications of rules and regulations in Electronic Gazette (mentioned in Section 8 of the Act)
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.
Provide Power to the Central Government to Make Rules for Legal Recognition of Digital Signatures (Mentioned in Section 10 of the Act)
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.
FAQs on Cyber Laws: Electronic Records and E-Governance Explained
1. What is an electronic record as defined by India's Cyber Laws?
Under the Information Technology Act, 2000, an electronic record refers to any data, record, or data generated, as well as any image or sound that is stored, received, or sent in an electronic form. This includes information stored on microfilms or computer-generated microfiche. Essentially, it is the digital equivalent of a physical document.
2. What is the concept of e-governance, and what is its main objective?
E-governance, or electronic governance, is the application of Information and Communication Technology (ICT) to deliver government services and facilitate government operations. Its primary objective is to create SMART governance, which stands for Simple, Moral, Accountable, Responsive, and Transparent, thereby improving efficiency and the citizen-government interface.
3. What are the principal types of interactions in e-governance?
E-governance is typically categorised into four main types of interactions based on the stakeholders involved. These are:
- Government-to-Citizen (G2C): Services provided directly to citizens, such as online tax payment, birth certificate applications, or accessing land records.
- Government-to-Business (G2B): Interactions between the government and commercial enterprises, including online procurement, licensing, and permit applications.
- Government-to-Government (G2G): The sharing of data and information electronically between different government departments, agencies, or levels (e.g., central to state).
- Government-to-Employee (G2E): Providing services and information to government employees, such as online access to payroll, benefits, and training materials.
4. How does the IT Act, 2000, provide legal recognition to electronic records?
The IT Act, 2000, provides legal recognition to electronic records through Section 4. This section states that if any law requires information to be in writing or in a printed format, that requirement is considered met if the information is made available in an electronic form and is accessible for future reference. This provision gives electronic documents the same legal status as their physical counterparts.
5. Why are digital signatures crucial for the legal validity of many electronic records?
Digital signatures are crucial because they provide three essential security features for electronic records. They ensure authenticity by verifying the identity of the sender, integrity by confirming that the document has not been altered since it was signed, and non-repudiation, which prevents the sender from later denying that they signed the document. These features are vital for trust in e-commerce and e-governance.
6. What is the fundamental difference between any digital file and a legally recognised 'electronic record'?
The key difference lies in legal admissibility and verifiability. While every electronic record is a digital file, not every digital file (like a personal, unsigned text document) qualifies as a legally recognised electronic record. For a digital file to be treated as an electronic record under the law, it must meet specific criteria, such as being accessible for subsequent reference and, for certain transactions, being authenticated with a digital signature to ensure its integrity and origin.
7. Can you provide a real-world example of how e-governance enhances transparency in government functions?
A prime example of e-governance enhancing transparency is the implementation of online government procurement portals, such as the Government e-Marketplace (GeM) in India. By moving the tender and bidding process online, all information regarding tenders, bidders, and contract awards is made publicly accessible. This system reduces the scope for corruption, favouritism, and backroom deals, making the entire procurement process transparent and accountable to the public and other businesses.
