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CHAPTER V
SECURE ELECTRONIC RECORDS AND SECURE
DIGITALELECTRONIC
SIGNATURES
14.
Secure electronic records
Where any
prescribed
security procedure has been applied to an electronic record at a specific
point of time, then such record shall be deemed to be a secure electronic
record from such point of time to the time of verification.
15. Secure
digitalelectronic8B
signature
If, by application of a security procedure agreed to by the parties
concerned
or
prescribed by the Central Government,
it can be verified that a
digitalelectronic
signature, at the time it was affixed, was-
(a) unique to the subscriber affixing it;
(b) capable of identifying such subscriber;
(c) created in a manner or using a means under the exclusive control of
the subscriber and is linked to the electronic record to which it relates
in such a manner that if the electronic record was altered the
digitalelectronic
signature would be invalidated.
then such
digitalelectronic
signature shall be deemed to be a secure
digitalelectronic
signature.
16. Security procedure
The
Central Government shall for the purpose of this Act prescribe the
security procedure having regard to commercial circumstances prevailing at
the time when the procedure was used, including-
(a) the nature of the transaction;
(b) the level of sophistication of the parties with reference to their
technological capacity;
(c) the volume of similar transactions engaged in by other parties;
(d) the availability of alternatives offered to but rejected by any party;
(e) the cost of alternative procedures; and
(f) the procedures in general use for similar types of transactions or
communications.
(1)
For the
purpose of secure electronic records or secure electronic signature, the
Central Government may prescribe security procedures to be followed,
keeping in view the commercial circumstances, nature of transactions and
other related matters.
(2)
The security
procedures mentioned in sub-section (1) shall be prescribed after
consultation with self-regulatory bodies of the industry, if any.
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