New
Delhi : The expert committee headed by Brijesh Kumar,
secretary, department of information technology with IT
industry representatives, which was set up by the government
in January, 2005, to review the amendments to the IT Act
2000, The committee's report, is available on the website
of the department of information technology to invite
public comments suggestions.
The
review of the Act was necessitated by provisions related
to data protection and privacy in the context of BPO operations,
liabilities of network service providers, computer related
offences, regulation of cyber cafes, etc, and the call
from the industry for removal of some deficiencies in
the Act.
The
committee analysed some experiences and international
best practices kept in view the twin objectives of : (i)
using the IT as a tool for socio-economic development
and employment generation, and (ii) further consolidation
of India's position as a major global player in IT sector.
Highlights of the report:
(i) As the technologies and applications in IT sector
change very rapidly, some of the provisions related to
parameters that may change from time to time, have been
amended to provide for the new developments to be incorporated
by changes in rules / government notifications. This would
enable the law to be amended and approved much faster
and would keep our laws in line with the changing technological
environment. However, no immediate change in the present
position is being proposed.
(ii)
The Act is being made technology neutral with minimum
change in the existing IT Act, 2000. This has been made
by amendment of the relevant section of the Act to provide
for electronic signature with digital signature as one
of the types of electronic signature and by enabling the
details of other forms of electronic signature to be provided
in the Rules to be issued by the central government from
time to time. This is an enabling provision for the central
government to exercise as and when the technology other
than digital signature matures. Certain related amendments
to this affect have also been made.
(iii)
To allow public-private partnership in e-governance delivery
of services, certain amendments have been proposed.
(iv)
Relationship between 'controller of certifying authorities'
(CCA), 'certifying authorities' (CAs) and 'subscribers'
have been revisited on the basis of the recent operational
experiences and certain amendments proposed.
(v)
In view of recent concerns about the operating provisions
in IT Act related to 'data protection and privacy', in
addition to contractual agreements between the parties,
the existing sections have been revisited and some amendments
/ more stringent provisions have been provided for.
Notably amongst these are:
(a) Proposal related to handling of sensitive personal
data or information with reasonable security practices
and procedures thereto;
(b) Gradation of severity of computer related offences,
committed dishonestly or fraudulently and punishment thereof
; and
(c) Additional section for breach of confidentiality with
intent to cause injury to a subscriber.
(vi)
Sometimes, because of lack of knowledge or for curiosity,
new learners / netizens unintentionally end up transgressing
acceptable social norms or breach a law. "For a country
like India where we are trying to enhance the positive
use of internet and working towards reducing the digital
divide, it needs to be ensured that new users do not get
scared away because of publicity of computer related offences"
says a press release from the ministry of communicaations
and IT. "At the same time, it must be ensured that
offenders do not go unpunished. This balancing spirit
has been incorporated in the proposed amendments in relevant
sections," the release adds.
(vii)
The section related to obscenity in electronic form has
been revised to bring in line with Indian Penal Code (IPC)
and other laws but fine has been increased because of
ease of such operation in electronic form. A new section
has been added to address child pornography with higher
punishment, a globally accepted offence.
(viii)
A new phenomenon of video voyeurism has emerged in recent
times where personal privacy of individual is violated
without their knowledge and transmitted widely without
their consent thus violating privacy rights. This has
been specifically addressed in a new proposed sub-section.
(ix)
Emergence of electronic evidence as a new discipline for
handling computer related offences and its uses thereof
in the judiciary has been recognised through a new provision
in the IT Act.
(x)
Sections related to the extent of liability of intermediaries
in certain cases have been revised and certain amendments
recommended using European Union directives on e-commerce
as guiding principles.
The
expert committee also included including Kiran Karnik,
president, Nasscom. legal experts Vakul Sharma and A K
Singh, IT Industry representatives Ajay Chaudhry, chairman,
HCL Infosystems Ltd., R Ramaraj, MD and CEO, Sify Ltd
and Ajit Balakrishnan,
CEO, Rediff
India Ltd.; Dr. A K Chakravarti, adviser, department of
IT, Antony De Sa, joint secretary, ministry of commerce
and industry, with M M. Nambiar, additional secretary,
department of IT as its member secretary.
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