Dr. K.Rajeswari, Associate professor, Kukatpally, Hyderabad

1. Prepared by
Dr. K.RAJESWARI
Associate Professor
Kukatpally, Hyderabad
BUSINESS LAW

2. UNIT 3
Information Laws and RTE

3. Information law and RTE: Right to Information Act, 2005: Objectives of the RTI Act, Scope, SuoMoto
disclosure, Method of seeking information, Eligibility to obtain information, Authorities under the Act.
Syllabus

4. To have in depth knowledge about RTI AND RTE
LEARNING OBJECTIVES

5.  Important case reference should be dealt where ever possible
 Latest cyber crime should to discussed either through images or videos
 Important definitions relating to IT and Cyber crimes to be discussed
METHODOLOGY

6. CYBER LAWS 1999 AND
INFORMATION TECHNOLOGY
ACT, 2000

7. • GROWTH OF CYBER SPACE
• USES OF INTERNET
• CYBER LAW OR LAW OF INTERNET
INTRODUCTION

8. • To TACKLE CYBER CRIMES
• INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS PROTECTION ACT
NEED FOR CYBER LAWS

9.  IT ACT PASSED IN 2000
 INTERNET IN INDIA
 IMPLEMENTATION OF CYBER LAW
The IT Act 2000 chiefly covers:
(a) E-Commerce in India.
(b) E-Governance in India.
(c) Cyber Contraventions.
(d) Cyber Crimes.
CYBER LAWS IN INDIA

10.  To provide for legal recognition of electronic records and digital signatures.
 To prevent the possible mis-use arising out of transactions and other dealings concluded over the
electronic medium.
 To create civil and criminal liabilities for contravention of the provisions of the Information Laws
and RTE 143 proposed legislation.
 To provide for the use and acceptance of electronic records and digital signatures in the
Government offices and its agencies
 To facilitate electronic storage of information and data.
 To facilitate electronic fund transfers between financial Institutions and banks.
 To give legal sanctity for books of account maintained in the electronic form by the banks.
Objectives of IT Acts

11. The World Trade Organization defines e-commerce as, “e-commerce is the production, distribution,
marketing, sales or delivery of goods and services by electronic means”.
e-commerce

12.  Convenience of shopping at home
 Gives freedom to make choices
 Increase in variety of goods
 It gives more choice and alternatives
 Ensure Secrecy
 Time compression
 E-payment system
 Provide Comparison Shopping
Benefits of E-Commerce to Consumers

13. • It helps to reach Global
• Cost effective
• New Customers With Search Engine Visibility
• It Reduces the Paper Costs
• Reduction in Inventories
• Mass Customization and Competitive advantage
• No Middlemen:
• Reduced Production lead Time:
• Improved Customer relationship
• Lower Sale and Marketing Costs
Benefits of E-Commerce to Businesses

14. • Enables More Flexible Working Practices
• Connects People
• Facilitates Delivery of Public Services
Benefits of E-Commerce to Society

15. Advantages of E-Commerce
Lower Transaction Costs
Larger Purchases Per Transaction
Integration into the Business Cycle
Larger Catalogues
Improved Customer Interactions
Disadvantages of Electronic Commerce
Ecommerce Lacks That Personal Touch
System and data integrit
Ecommerce Delays Goods
System scalability
Dependent on internet
Many Goods Cannot Be Purchased Online
Products people won’t buy online
Loyal customers
Shopping is Social Experience

16. HOW DO E-COMMERCE SITES MAKE MONEY?

17. PAPERLESS SOCIETY

18. “Affixing digital signature” has been defined in
section 2(1)(d) of the Act to mean adoption of any methodology
or procedure by a person for the purpose
of authenticating an electronic record by means of “digital signature”.
DIGITAL SIGNATURE AND ITS NEED

19. PIRACY
Why Piracy takes place
 Provision for Software Patent
 Software copy write
 Infringerment of copy rights
Other related provisions under the Act
 Privacy
 Security
 Symantec
Related Offenses under the Act
 Cyber crime

20. LEGAL ASPECT OF CYBER CRIME

21. • ATM System Hacked in Kolkata
• In July 2018 fraudsters hacked into Canara bank ATM servers and wiped off almost 20 lakh rupees from different
bank accounts. The number of victims was over 50 and it was believed that they were holding the account details
of more than 300 ATM users across India.
• The hackers used skimming devices on ATMs to steal the information of debit card holders and made a minimum
transaction of INR 10,000 and the maximum of INR 40,000 per account.
• On 5 August 2018, two men were arrested in New Delhi who was working with an international gang that uses
skimming activities to extract the details of bank account.
• Prevention: Enhancement of the security features in ATM and ATM monitoring systems can prevent any misuse
of data.
• Another way to prevent the fraudulent activity is to minimize the risk of skimming by using lockbox services to
receive and transfer money safely.
• This uses an encrypted code which is safer than any other payments.

22. • ‘Friendship 'on Facebook ends in blackmail
plot against woman
GHAZIABAD: A 31-year-old woman has filed a complaint against a man, who introduced himself as
an Indian living in Austria of blackmailing her by posting some personal photographs and videos
which she shared with him on social media website.
The complainant, a resident of Raj Nagar Extension, told old police that the man identified himself
as Aniket Sharma and she met him through Facebook.
he woman, who is married, also said that she started talking to him out of sympathy after he told her that he was
suffering from cancer
.

23. OFFENCES AND LAWS IN CYBER SPACE
 Section 65: Tampering with computer source documents
 Section 66: Hacking with computer system
 Section 67: Publishing of information which is obscene in electronic form
 Section 68: Power of controller to give directions
 Section 69: Directions of Controller to subscriber to extend facilities to decrypt
information –
 Section 70: Protected system
 Section 71: Penalty for misrepresentation
 Section 72: Penalty for breach of confidentiality and privacy
 Section 73: Penalty for publishing Digital Signature Certificate false in certain
particulars
 Section 74: Publication for fraudulent purpose –
 Section 75: Act to apply for offence or contravention committed outside India
 Section 76: Confiscation
 Section 77: Penalties or confiscation not to interfere with other punishments
 Section 78: Power to investigate offences –
 Section 79: Network service providers not to be liable in certain cases

24.  INDIAN PENAL CODE,1860
 INDIAN EVIDENCE ACT,1872
 BANKER’S BOOK EVIDENCE ACT,1891
 GENERAL CLAUSES ACT,1897
CYBER LAWS AMENDMENTS

25.  Enacted and came in force on 15th June 2005
 Main aim is to provide a right information for citizens
 It is replacement of Freedom of Information Act, 2002
INFORMATION TECHNOLOGY (IT)

26. Meaning
Information is any material in any form. It includes records, documents, memos, emails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models,
data material held in any electronic form. It also includes information relating to any private body
which can be accessed by the public authority under any law for the time being in force.
Scope
The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is
in force. It is applicable to all constitutional authorities, including the executive, legislature and
judiciary; any institution or body established or constituted by an act of Parliament or a state
legislature.
Suo Motu Disclosure
The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the
particulars of its organization, functions, duties etc. as provided in section 4 of the Act. Besides, some
public authorities under the Central Government have published other information and have posted
them on their websites.
Information

27.  Suo motu disclosure of more items under Section 4 Sub-section 4(2) of the RTI Act, 2005
• Information related to Procurement
• Public Private Partnerships
• Transfer Policy and Transfer Orders
• RTI Applications
• CAG & PAC paras
• Citizens Charter
• Discretionary and Non-discretionary grants
• Foreign Tours of PM/Ministers
 Guidelines for digital publication of proactive disclosure under Section 4
 Guidelines for certain clauses of Sec. 4(1)(b) to make disclosure more effective
 Compliance with Provisions of suo motu (proactive) disclosure under the RTI Act
 Nodal Officer
 Annual Reports to Parliament/Legislatures
GUIDELINES ON SUO MOTU DISCLOSURE UNDER SEC. 4 OF THE RTI ACT

28.  All citizen have the right
 Sections 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure.
 Central Public Information Officers
 Assistance Available From CPIOs
 Format of Application
 Disposal of the Request
 First Appeal
 Second Appeal
 Complaints
 Disposal of Appeals and Complaints by the CIC
 Important Web-sites
Who is eligible to get information?/ Exemptions from Disclosure

29. RIGHT TO EDUCATION (RTE)
“Education has a characteristic quality that enables it
to be present in and to nourish all areas of life. The
interconnectedness of human rights is nowhere more
obvious than in educational processes, so the right to
education is, moreover, an individual guarantee and a
social right which is fully expressed by the individual
in the exercise of his or her citizenship”.

30. OBJECTIVES OF RTE