Salient Features of the Information Technology Act, 2000
The Information Technology Act, 2000 (IT Act) was enacted to provide a legal framework for electronic governance, cybercrime prevention, and data protection in India. Below are its key features:
1. Legal Recognition of Electronic Transactions
- The IT Act recognizes electronic records and digital signatures as legally valid.
- Facilitates online contracts, banking, and e-commerce transactions.
2. E-Governance and Digital Signatures
- Allows electronic filing of documents with government agencies.
- Digital signatures and electronic authentication methods are legally valid.
3. Cyber Crimes and Penalties
- Defines and penalizes cyber offenses such as:
- Hacking (Section 66)
- Identity theft and phishing (Section 66C, 66D)
- Cyber terrorism (Section 66F)
- Publishing obscene material online (Section 67)
4. Data Protection and Privacy
- Section 43A: Mandates protection of sensitive personal data by companies.
- Section 72: Punishes unauthorized disclosure of personal information.
5. Regulation of Cyber Cafés and Intermediaries
- Cyber cafes and internet service providers (ISPs) must maintain user records.
- Intermediary liability (Section 79): Limits the responsibility of platforms like Google, Facebook, etc., for user-generated content, provided they follow due diligence.
6. Electronic Governance (E-Governance)
- Section 4: Recognizes electronic records for filing applications and transactions with government offices.
- Enables paperless governance and online applications.
7. Establishment of Certifying Authorities
- Facilitates the use of digital signatures for authentication.
- Controller of Certifying Authorities (CCA) regulates digital signature certificates.
8. Cyber Appellate Tribunal (Now Merged with TDSAT)
- Initially set up to handle cyber law disputes.
- Later merged with Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
9. Amendments and Evolution
- 2008 Amendment:
- Introduced Section 66A (Punishment for sending offensive messages, later struck down by the Supreme Court in Shreya Singhal v. Union of India (2015)).
- Recognized cyber terrorism (Section 66F) and introduced stricter penalties.
- IT Rules, 2021:
- Strengthened social media regulations and data protection measures.
Conclusion
The IT Act, 2000 is a crucial law that governs cybersecurity, e-governance, and digital commerce in India. It has evolved to tackle new-age challenges, including cyber crimes, data privacy, and online regulations.
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