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Report of expert committee on amendments to IT Act 2000 Submitted news
Our Infotech Bureau
29 August 2005

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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Report of expert committee on amendments to IT Act 2000 Submitted