Information & Communication Technology 2006 : STATEMENT OF OBJECTS AND REASONS

1. The ICT Act was enacted in the year 2006 with a view to give a fillip to the growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide.

2. With proliferation of information technology enabled services such as e-governance, e-commerce and e-transactions, protection of personal data and information and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonisation with the provisions of the ICT Act. Further, protection of Critical Information Infrastructure is pivotal to national security, economy, public health and safety, so it has become necessary to declare such infrastructure as a protected system so as to restrict its access.

3. A rapid increase in the use of computer and internet has given rise to new forms of crimes like publishing sexually explicit materials in electronic form, video voyeurism and breach of confidentiality and leakage of data by intermediary, e-commerce frauds like personation commonly known as Phishing, identity theft and offensive messages through communication services. So, penal provisions are required to be included in the Information Technology Act, the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure to prevent such crimes.

   4. The United Nations Commission on International Trade Law (UNCITRAL) in the year 2001 adopted the Model Law on Electronic Signatures. The General Assembly of the United Nations by its resolution No. 56/80, dated 12th December, 2001, recommended that all States accord favourable consideration to the said Model Law on Electronic Signatures. Since the digital signatures are linked to a specific technology under the existing provisions of the Information Technology Act, it has become necessary to provide for alternate technology of electronic signatures for bringing harmonisation with the said Model Law.

   5. The service providers may be authorised by the Central Government or the State Goverment to set up, maintain and upgrade the computerised facilities and also collect, retain and appropriate service charges for providing such services at such scale as may be specified by the Central Government or the State Government.

OBJECTIVES OF THE ICT ACT, 2006

The preamble of the ICT Act, 2006 declares that

an Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Penal Code-1860, the Evidence Act-1872 and the Bankers’ Books Evidence Act-1891 and for matters connected therewith or incidental thereto.

The objectives of the ICT Act-2006 have been illustrated by the Law Commission‘s Final Report to give effect to the following purposes:

to facilitate electronic communications by means of reliable electronic records;

to facilitate electronic commerce, eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements, and to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce;

to facilitate electronic filing of documents with government agencies and statutory corporations, and to promote efficient delivery of government services by means of reliable electronic records;

to minimise the incidence of forged electronic records, intentional and unintentional alteration of records, and fraud in electronic commerce and other electronic transactions;

to help to establish uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records; and

to promote public confidence in the integrity and reliability of electronic records and electronic commerce, and to foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium.

The objects of this Act are to enable and  facilitate electronic communications and transactions in the public interest, and for that purpose to—

(a)recognise the importance of the information economy for the economic and social prosperity of the Republic;

(b)promote universal access primarily in underserviced areas;

(c)promote the understanding and, acceptance of and growth in the number of electronic transactions in the Republic;

(d)remove and prevent barriers to electronic communications and transactions in the Republic;

(e)promote legal certainty and confidence in respect of electronic communica­tions and transactions;

(f)promote technology neutrality in the application of legislation to electronic communications and transactions;

(g) promote e-government services and electronic communications and transac­tions with public and private bodies, institutions and citizens;

(h) ensure that electronic transactions in the Republic conform to the highest international standards;

(i) encourage investment and innovation in respect of electronic transactions in the Republic;

(j) develop a safe, secure and effective environment for the consumer, business and the Government to conduct and use electronic transactions;

(k) promote the development of electronic transactions services which are responsive to the needs of users and consumers;

(l) ensure that, in relation to the provision of electronic transactions services, the special needs of particular communities and, areas and the disabled are duly taken into account;

(m) ensure compliance with accepted International technical standards in the provision and development of electronic communications and transactions;

(n) promote the stability of electronic transactions in the Republic;

(o) promote the development of human resources in the electronic transactions environment;

(p) promote SMMEs within the electronic transactions environment;

(q) ensure efficient use and management of the .bd domain name space; and

(r) ensure that the national interest of the Republic is not compromised through the use of electronic communications.