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Tuesday, 19 March 2019

What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.

What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.
What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.

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What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.
SOLUTION:
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.

Secure Digital Signature:
  • If, by application of a security procedure agreed to by the parties concerned, it can be verified that a Digital Signature, at the time it was 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 of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated then such digital signature shall be deemed to be a secure digital signature.

Security Procedure:
The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the 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 other parties.
  • The availability of alternatives offered to but rejected by any party.
  • The cost of alternative procedures, and
  • The procedures in general use for similar types of transactions or communications.

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