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DIGITAL
SIGNATURES: LEGITIMACY AND USE
The Act has adopted the Public Key Infrastructure (PKI) for securing
electronic transactions. A digital signature means an authentication
of any electronic record by a subscriber by means of an electronic
method or procedure in accordance with the other provisions of the
Act. Thus a subscriber can authenticate an electronic record by
affixing his digital signature. A private key is used to create
a digital signature whereas a public key is used to verify the digital
signature and electronic record. They both are unique for each subscriber
and together form a functioning key pair. Further, the Act provides
that when any information or other matter needs to be authenticated
by the signature of a person, the same can be authenticated by means
of the digital signature affixed in a manner prescribed by the Central
Government. The Act also gives the Central Government powers:
a) to
make rules prescribing the digital signature
b) the
manner in which it shall be affixed
c) the
procedure to identify the person affixing the signatured) the
maintenance of integrity, security and confidentiality of records
or
d) payments
and rules regarding any other appropriate matters.
These signatures are to be authenticated by Certifying Authorities
(CAs) appointed under the Act. These authorities would inter alia,
have the license to issue Digital Signature Certificates (DSCs).
The applicant must have a private key that can create a digital
signature. This private key and the public key listed on the DSC
must form the functioning key pair.
Once the subscriber has accepted the DSC, he shall generate the
key pair by applying the security procedure. Every subscriber is
under an obligation to exercise reasonable care and caution to retain
control of the private key corresponding to the public key listed
in his DSC. The subscriber must take all precautions not to disclose
the private key to any third party. If however, the private key
is compromised, he must communicate the same to the Certifying Authority
(CA) without any delay.
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