The Information Technology Act, 2000 (IT Act) is a comprehensive legislation in India that addresses various aspects of electronic governance, electronic commerce, and cybercrime. It was enacted to provide legal recognition and regulation for electronic transactions, facilitate electronic filing of documents, and create a legal framework to deal with cybercrimes.
Here are some key features and provisions of the Indian IT Act:
Legal Recognition of Electronic Transactions: The IT Act provides legal recognition to electronic records and digital signatures, making them equivalent to their paper-based counterparts. This facilitates the use of electronic documents for various purposes, including contracts, filings, and transactions.
Cybercrime Offenses and Penalties: The IT Act criminalizes various cyber activities and provides penalties for offenses such as unauthorized access to computers, data theft, hacking, spreading of viruses, cyberstalking, identity theft, and online fraud. It establishes legal mechanisms for investigation, prosecution, and punishment of cybercrimes.
Cyber Appellate Tribunal: The IT Act establishes a Cyber Appellate Tribunal, which hears appeals against orders issued by the Controller of Certifying Authorities and adjudicates matters related to cybercrime offenses.
Data Protection and Privacy: The IT Act includes provisions related to data protection and privacy, although it does not provide a comprehensive framework like the proposed Personal Data Protection Bill. It requires reasonable security practices and procedures to be implemented by entities handling sensitive personal information.
Computer Emergency Response Team (CERT-In): The IT Act establishes the Indian Computer Emergency Response Team (CERT-In), which serves as the national nodal agency for responding to cybersecurity incidents and coordinating emergency response efforts.
Intermediary Liability Protection: The IT Act provides a safe harbor for intermediaries, such as internet service providers, social media platforms, and online marketplaces, with respect to user-generated content. It shields intermediaries from liability for content posted by users, subject to certain conditions.
Offenses relating to Digital Signatures: The IT Act includes provisions regarding the use and regulation of digital signatures. It covers offenses such as forgery of digital signatures, unauthorized access to digital signature certificates, and falsification of electronic records.