Chapter V of the Information Technology Act 2000 Deals with Secure Electronic Records and Secure Electronic Records. Section 2(t) of the said Acy defines “electronic record” Section 2 (ta) of the Information Technology Act 2000 defines electronic Signature. 

Electronic record :

     According to Section 2(t) of the Information Technology Act 2000 “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.

Electronic Signature: 

    According to Section 2(ta) “electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes a digital signature.

Secure Electronic Records and Secure Electronic Signature (IT Act 2000)

Secure electronic record.– As per Section 14 of the said Act, where any security procedure has been applied to an electronic record at a specific point of time, then such record shall he deemed to be a secure electronic record from such point of time to the time of verification.

Secure electronic signature.– According to Section 15. An electronic signature shall be deemed to be a secure electronic signature if –

(i) the signature creation data, at the time of affixing the signature, was under the exclusive control of the signatory and no other person; and 

(ii) the signature creation data was stored and affixed in a such exclusive manner as may be prescribed.

Explanation.– In the case of digital signature, the “signature creation data” means the private key of the subscriber.

Security procedures and practices –The Central Government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices (Section 16)

     Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature of transactions, and such other related factors as it may consider appropriate.

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