Electronic records

PRESENTED BY: RAKSHA SHUKLA MBA IISEM

WHAT IS A RECORD?
Records: Recorded information, in any format, that
allows an office to conduct business Duplicate Copies Drafts and Informal Notes Routing Slips Personal Correspondence Does NOT include unofficial records:

Value of a record determined by content, not format !

Electronic Record E-mail message Paper Analog Memo, typed letter

E-Form template
Museum accessions database

Form master copy

Accession card catalog

Student paper (e-mailed or D2L-submitted)

Instant message log

Student paper submitted in class

Memorandum of conversation

ELECTRONIC RECORDS

Electronic records means data, records or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche [sec2(s)]
An electronic records shall be attributed to the originatori) If it was sent by the originator himself;

ii) By a person who had the authority to act on behalf of the originator in respect of that electronic records; iii) By an information system programmed by or on behalf of the originator to operate automatically [sec.11].

DEFINITION
Originator:
originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary [sec.2(z)].

Intermediary:
Intermediary with respect to any particular electronic message means person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message [sec.2(v)].

MODE OF ACKNOWLEDGEMENT OF RECEIPT OF ELECTRONIC RECORDS

It may be given by: i) Any communication by the addressee, automated or otherwise; ii) Any conduct of the addressee, sufficient to indicate to the originator that the electronic records has been received [sec.12(1)].

ELECTRONIC DOCUMENT MANAGEMENT SYSTEM

Records created & received electronically

Records created & received in hard copy

Records are filed & managed for access & maintenance electronically

TIME AND PLACE OF DISPATCH AND RECEIPT OF ELECTRONIC RECORDS

The time of receipt of an electronic records shall be determined as follows:

i) If the addressee has designated a computer resource for the purpose of receiving electronic recordsa)receipt occurs at the time when the electronic record enters the designated computer resource; b)if the electronic records is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee. ii) If the addressee has not designated a computer resource along with specified timings , if any, receipt occurs when the electronic record enters the computer resource of the addressee.

SECURE ELECTRONIC RECORDS

Secure system means computer hardware , software and procedure thati) Are reasonably secure from unauthorized access and misuse;

ii) Provide a reasonable level of reliability and correct operation;

iii) Adhere to generally accepted security procedures [sec.2(zd)]. Verify in relation to a digital signature, electronic record or public key, means to determine whetheri) The initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;

ii)

The initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature [sec.2(zg)].

SECURE DIGITAL SIGNATURE

If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, wasunique to the subscriber affixing it. capable of identifying such subscriber. 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 digital signature would be invalidated. then such digital signature shall be deemed to be a secure digital signature.

SECURITY PROCEDURE
The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including-

the nature of the transaction.

the level of sophistication of the parties with reference to their technological capacity. the volume of similar transactions engaged in by other parties. the availability of alternatives offered to but rejected by any party. the cost of alternative procedures, and the procedures in general use for similar types of transactions or communications.

Questions?