Information Technology Act Section 7 — Retention of electronic records
CHAPTER III ELECTRONIC GOVERNANCE
Cyber Law
Summary
Sub-section (1) explains that if any law requires documents, records, or information to be kept for a specific period of time, that requirement is considered fulfilled if those items are kept in electronic form, but only under certain conditions.
Under clause (a) of sub-section (1), the information in the electronic record must remain accessible so that it can be used for later reference.
Under clause (b) of sub-section (1), the electronic record must be kept in the same format in which it was originally created, sent, or received, or in a format that can be shown to accurately represent the original information.
Under clause (c) of sub-section (1), the electronic record must contain details that help identify its origin, destination, and the date and time it was sent or received. However, this clause does not apply to information that is automatically generated only for the purpose of sending or receiving the electronic record.
Sub-section (2) states that this section does not apply to any law that specifically requires documents, records, or information to be kept in the form of electronic records.
Official Text
(1) Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if—
(a) the information contained therein remains accessible so as to be usable for a subsequent reference;
(b) the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;
(c) the details which will facilitate the identification of the origin, destination, date and time of despatch or receipt of such electronic record are available in the electronic record:
Provided that this clause does not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be despatched or received.
(2) Nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records. 2[