Section 34 IT Act: Disclosure
Information Technology Act, 2000
Section 34 IT Act at a Glance
Section 34 IT Act requires every Certifying Authority to disclose its electronic signature Certificate, certification practice statement, any revocation or suspension notice, and material adverse facts. It also sets steps when an event may harm system integrity or certificate conditions.
Section 34 IT Act Bare Act Text
34. Disclosure.
(1) Every Certifying Authority shall disclose in the manner specified by regulations—
(a) its electronic signature Certificate ***;
(b) any certification practice statement relevant thereto;
(c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and
(d) any other fact that materially and adversely affects either the reliability of a electronic signature Certificate, which that Authority has issued, or the Authority's ability to perform its services.
(2) Where in the opinion of the Certifying Authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a electronic signature Certificate was granted, then, the Certifying Authority shall—
(a) use reasonable efforts to notify any person who is likely to be affected by that occurrence; or
(b) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation.
Amendments to this section
- Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).
- Certain words omitted by s. 16, ibid. (w.e.f. 27-10-2009).
Section 34 IT Act in Simple Words
Section 34 IT Act sets out the mandatory disclosures and incident responses required of every Certifying Authority. Under Section 34(1) IT Act, every Certifying Authority must disclose four categories of information in the manner specified by regulations: (a) its electronic signature Certificate; (b) any certification practice statement relevant to that certificate; (c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and (d) any other fact that materially and adversely affects either the reliability of an electronic signature Certificate issued by that Certifying Authority or the Certifying Authority's ability to perform its services.
Section 34(2) IT Act applies when, in the opinion of the Certifying Authority, an event has occurred or a situation has arisen that may materially and adversely affect either the integrity of its computer system or the conditions subject to which an electronic signature Certificate was granted. In that situation, the Certifying Authority must take one of two steps: under Section 34(2)(a) IT Act, use reasonable efforts to notify any person who is likely to be affected by that occurrence, or under Section 34(2)(b) IT Act, act according to the procedure specified in its certification practice statement to deal with the event or situation.
Section 34 IT Act was amended by Act 10 of 2009 with effect from 27 October 2009, which substituted certain terms and omitted certain words.
When Section 34 IT Act Applies
- Every Certifying Authority must make the disclosures under Section 34(1) IT Act in the manner specified by regulations.
- Mandatory disclosures include the Certifying Authority's electronic signature Certificate, any relevant certification practice statement, and any notice of revocation or suspension of its Certifying Authority certificate.
- The Certifying Authority must also disclose any other fact that materially and adversely affects the reliability of an electronic signature Certificate it has issued or its ability to perform its services.
- Section 34(2) IT Act is triggered when, in the Certifying Authority's opinion, an event or situation may materially and adversely affect the integrity of its computer system or the conditions under which an electronic signature Certificate was granted.
- Once triggered, the Certifying Authority must either use reasonable efforts to notify any person likely to be affected or follow the procedure in its certification practice statement.
Example of Section 34 IT Act
FAQs on Section 34 IT Act
What is Section 34 IT Act?▼
Section 34 IT Act requires every Certifying Authority to disclose its electronic signature Certificate, relevant certification practice statement, any revocation or suspension notice for its Certifying Authority certificate, and any other material adverse fact in the manner specified by regulations. Section 34(2) IT Act also requires action when an event or situation may materially and adversely affect computer system integrity or certificate conditions.
What must a Certifying Authority do under Section 34(2) IT Act if an event may affect the integrity of its computer system?▼
Notify likely affected persons or follow its certification practice statement. Under Section 34(2) IT Act, where the Certifying Authority is of the opinion that an event or situation may materially and adversely affect system integrity or certificate conditions, the Certifying Authority must either use reasonable efforts to notify any person likely to be affected or act according to the procedure in its certification practice statement.
Must a Certifying Authority perform both steps listed in Section 34(2) IT Act?▼
No. Section 34(2) IT Act connects clauses (a) and (b) with 'or', so the Certifying Authority may either use reasonable efforts to notify persons likely to be affected or act in accordance with the procedure specified in its certification practice statement.
How must a Certifying Authority make the routine disclosures listed in Section 34(1) IT Act?▼
In the manner specified by regulations. Section 34(1) IT Act requires all four categories of disclosure to follow the manner specified by regulations.
Have questions about Section 34 IT Act?
Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Information Technology Act, 2000 ·