Legal Validity of Electronic Signature
We are building a patient's round application for use in healthcare industry. While talking to one of my friend who is doctor, he said these documents hold legal value during a dispute between patient and hospital/doctor. All these documents are signed physically by the doctor, to keep them legally binding. Since we are building a mobile/tablet application taking physical signature is not possible, instead we can provide a field in the application where in doctor can sign digitally i.e. using a stylus on the screen, how valid is this in India?
- 289 Views
- 3 Answers
1) Under section 3 of IT act any subscriber may authenticate an electronic record by affixing his digital signature.
2) Section 4 made the provision for Legal recognition of electronic records — where any law provides that information or any other matter shall be in writing, typewritten or printed form then not-withstanding anything contained in such law, given requirement shall be deemed to have been satisfied if such information or matter is— (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference
3) Section 5 Legal recognition of [electronic signatures] — where law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of [electronic signatures] affixed in such manner as may be prescribed by the Central Government.
The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically 2) Certification Agencies are appointed by the office of the Controller of Certification Agencies (CCA) under the provisions of IT Act, 2000. There are a total of seven Certification Agencies authorised by the CCA to issue the Digital Signature Certificates (DSCs). 3) The DSCs are typically issued with one year validity and two year validity. These are renewable on expiry of the period of initial issue.
Digital signatures have been accepted after the enactment of Information Technology Act in India and carries the same legal character and force as a signature in ink on a piece of paper. A digital signature can be used only if you hold a digital certificate.
Tags: General Legal