The Information Technology Act, 2000

Information Technology Act, 2000
An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.
Citation Act No 21 of 2000
Enacted by Parliament of India
Date enacted 9 June 2000
Date assented to 9 June 2000
Date commenced 17 October 2000
Amendments
The Information Technology (Amendment) Act, 2008

The Information Technology Act 2000 (ITA-2000)(IT ACT) is an Act of the Indian Parliament (No 21 of 2000) notified on October 17, 2000.

Contents

History of the Act

The United Nations General Assembly by resolution A/RES/51/162, dated the 30 January 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This is referred to as the UNCITRAL Model Law on E-Commerce.

Following the UN Resolution India passed the Information Technology Act 2000 in May 2000 and notified it for effectiveness on October 17, 2000.

The Information technology Act 2000 has been substantially amended through the Information Technology Amendment Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and was notified for effectiveness on October 27, 2009.

A complete history of how the current version of the Information Technology Act -2008 version evolved over a period of time between 1998 to 2009 is available at the reference link given under external links below.'

Specifics of the Act

Information technology Act 2000 consisted of 94 sections segregated into 13 chapters. Four schedules form part of the Act.

In the 2008 version of the Act, there are 124 sections (excluding 5 sections that have been omitted from the earlier version) and 14 chapters. Schedule I and II have been replaced. Schedules III and IV are deleted.

Essence of the Act

Information Technology Act 2000 addressed the following issues:

  1. Legal Recognition of Electronic Documents
  2. Legal Recognition of Digital Signatures
  3. Offenses and Contraventions
  4. Justice Dispensation Systems for Cybercrimes

ITAA 2008 (Information Technology Amendment Act 2008) as the new version of Information Technology Act 2000 is often referred has provided additional focus on Information Security. It has added several new sections on offences including Cyber Terrorism and Data Protection.

The Information Technology (Amendment) Act, 2008

The Government of India has brought major amendments to ITA-2000 in form of the Information Technology Amendment Act, 2008.

A set of Rules relating to Sensitive Personal Information and Reasonable Security Practices (mentioned in section 43A of the ITAA, 2008) was released in April 2011.[1]

Criticism

The amendment was passed in an eventful Parliamentary session on 23rd of December 2008 with no discussion in the House.

Some of the cyber law observers have criticized the amendments on the ground of lack of legal and procedural safeguards to prevent violation of civil liberties of Indians.

There have also been appreciation about the amendments from many observers because it addresses the issue of Cyber Security.

Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence. They can also secure assistance from computer personnel in decrypting data (see mandatory decryption), under penalty of imprisonment. [2]

Notification Of IT Act 2008

The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. The IT Act 2008 has been notified on Oct 27 2009

External Links

  1. Information Technology Act 2008 Online
  2. Information Technology Act 2000 Online
  3. Articles on ITA 2008

References

EU Copyright Directive (European Union) DADVSI & HADOPI law (France) Digital Millennium Copyright Act (USA)

See also