Tech and Digital Sector in West Yorkshire - Labour Market Insights

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West Yorkshire's tech and digital sector is thriving, with a robust ecosystem supporting over 8,695 businesses. In-demand skills include cybersecurity, data analysis, and software development. The region is also seeking creative media professionals for content creation, UX design, and digital marketing roles.

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K.K.S. GAUTAM ASSISTANT PROFESSOR SHIVAJI COLLEGE 4/4/2025 1

CONTENTS Digital Signature and Electronic Signature Section 43 Section 65 Section 66A Section 66B Section 66C Section 66D Section 66E Section 66F Section 67 Section 67A Section 67B Section 72A 4/4/2025 2

Digital Signature A digital signature is an authentication mechanism that enables the creator of a message to attach a code that acts as a signature. The signature is formed by taking the hash of the message and encrypting the message with the creator s private key. The signature guarantees the source and integrity of the message. The digital signature standard(DSS) is an NIST standard that uses the secure hash algorithm(SHA). 4/4/2025 3

Digital Signature Digital Signature mean authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. Thus under the provisions of the IT Act, the term Digital Signature refers to: Authentication of any electronic record by a subscriber. The authentication can be done by the subscriber and not by anyone else. The authentication of electronic records must be done by means of an electronic method or procedure in accordance with the provisions of sections 3. 4/4/2025 4

Digital Signature Certificate A digital signature certificate issued under sub-section(4) of section 35. Digital signature certificates are issued by a duly authorized certificate authority. Electronic Form:- with reference to information means any information generated, sent,received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fitch or similar device. Electronic Gazette:- means official Gazette published in the electronic form. Electronic Record:- means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. 4/4/2025 5

Electronic Signature Electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes digital signature(Inserted vide ITAA- 2008). Electronic Signature Certificate:- means an electronic signature certificate issued under section 35 and includes Digital Signature Certificate(Inserted vide ITAA-2008). 4/4/2025 6

Function in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer. Thus under the provisions of the IT Act, the term Functions in relation to a computer includes the following actions:- Logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication. The acts explained under Point-1 must be from or within a computer. 4/4/2025 7

[Chapter IX]Penalties, Compensation and Adjudication(Amended vide ITAA-2006/8) It is primarily deals with different nature of penalties and provides for awarding compensation or damages for certain types of computer frauds. It also provides for the appointment of Adjudication officer for holding an inquiry in relation to certain computer crimes and for awarding compensation. Chapter IX of the Act contains sections 43 to 47. 4/4/2025 8

Chapter IX Act(43 to 47) Section Title 43 Penalty and Compensation for damage to computer, computer system, etc. 43A Compensation for failure to protect data 44 Penalty for failure to furnish information, return, etc. 45 Residuary Penalties 46 Power to adjudicate contravention under the Act 47 Factors to be taken into account by the adjudicating officer while deciding the quantum of compensation 4/4/2025 9

[Section 43](Amended vide ITAA-2008) Section 43 contains provisions related to penalty and compensation for damages to computer, computer system, etc., which an adjudicating officer can impose. 4/4/2025 10

The contents of Section 43 are as follows:- If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network- 1. Access or secures access to such computer, computer system or computer network or computer resource. 2. Downloads copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium. 3. Introduces or causes to be introduced any computer contaminant or computer virus into any computer, etc. 4. Damages or causes to be damaged any computer(etc.), data, computer database or any other programs residing in such computer( etc.). 4/4/2025 11

Damages or causes to be damaged any computer(etc.), data, computer database or any other programs residing in such computer( etc.). Disrupts or causes disruption of any computer(etc.). Denies or causes disruption of any computer(etc.) Provides any assistance to any person to facilitate access to a computer(etc.) in contravention of the provisions of this Act, rules or regulations made there under. Charges the services availed of by a person to the account of another person by tampering with or manipulating any computer(etc.). Destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means(Inserted vide ITAA-2008). Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. Note:- He shall be liable to pay damages by way of compensation not exceeding one crore rupee to the person so affected. 4. 5. 6. 7. 8. 9. 10. 4/4/2025 12

Explanation Computer Contaminant:- means any set of computer instructions that are designed- a) To modify, destroy, record, transmit data or program residing within a computer(etc.). b) By any means to usurp the normal operation of the computer(etc.). Computer Database:-means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video t hat are being prepared or have been prepared in a formalized manner or have been produced by a intended for use in a computer(etc.). 4/4/2025 13

Explanation.. Computer Virus:- means any computer instruction, information, data or program that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a program, data or instruction is executed or some other event takes place in that computer resource. Damage:- means to destroys, alter, delete, add, modify or rearrange any computer resource by any means. Computer Source Code:- means the listing of programs, computer commands, design and layout and program analysis of computer resource in any form.(Inserted vide ITAA-2008). 4/4/2025 14

[Chapter XI] Offences The IT Act covers two important area related to the cyber world: a) Legal recognition to electronic records b) Computer related offences. Chapter XI of the Act contains sections 65 to 78 which deal with various computer crimes and provide for penalties for these offences. 4/4/2025 15

[Chapter XI] Sections of ITAA,2008 Section 65 Tampering with Computer Source Documents 66A Punishment for sending offensive messages through communication service, etc. 66B Punishments for dishonestly receiving stolen computer resource or communication device. 66C Punishment for identity theft 66D Punishment for cheating by personating by using computer resource. 66E Punishment for violation of privacy. 66F Punishment for cyber terrorism 67 Punishment for publishing or transmitting obscene material in electronic form. 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form 4/4/2025 16 72A Punishment for Disclosure of information in breach of lawful contract

[Section65] Tempering with Computer Source Documents Section 65 provides provision for punishment up to three years or with a fine which may extend to Rs. 2 Lakhs or with both, for intentionally tempering, concealing, altering or destroying computer source code, such as computer programs, commands program designs and layouts, program analysis of computer resource in any form. 4/4/2025 17

[Section 66A] Punishment for sending Offensive Message through Communication Service, etc. Section 66A states that if a person sends false, offensive, insulting information, email by using computer or other communication devices to cause inconvenience or hatred or annoyance, he will be entitled to punishment- imprisonment upto 3 years and with fine. 4/4/2025 18

[Section 66B] Punishment for Dishonestly Receiving Stolen Computer Resource or Communication Device Section 66B states that if someone dishonestly receive or retain any communication device or computer resource, will be entitled to punishment- imprisonment upto 3 years or fine 1 lakh or both. 4/4/2025 19

[Section 66C ] Punishment for Identity Theft(Inserted vide ITAA 2008) Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of nay other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh. 4/4/2025 20

[Section 66D ] Punishment for Cheating by Personating by using Computer Resources (Inserted vide ITAA 2008) Whoever, by means of any communication device or computer resource cheats by personating shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. 4/4/2025 21

[Section 66E ] Punishment for Violation of Privacy: (Inserted vide ITAA 2008) Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of the person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. 4/4/2025 22

Explanation(For the purposes of section 66E) (a) Transmit:- means to electronically send a visual image with the intent that it be viewed by a person or persons. (b) Capture:- with respect to an image , means to videotape, photograph, film or record by any means. (c) Private area:- means the naked or undergarments clad genitals, pubic area, buttocks or female breast. (d) Publishes:- means reproduction in the printed or electronic form an making it available for public. 4/4/2025 23

Explanation(For the purposes of section 66E)..... (e) Under circumstances violating privacy:- means circumstances in which a person can have a reasonable expectation that- 1. He or she could disrobe(take off) in privacy, without being concerned that an image of his private area was being captured. 2. Any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. 4/4/2025 24

[Section 66F] Punishment for Cyber Terrorism Whoever-, A. With intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by- 1. Denying or cause the denial of access to any person authorized to access computer resource. 2. Attempting to penetrate or access a computer resource without authorization or exceeding authorized access. 3. Introducing or causing to introduce any Computer Contaminant any by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70. 4/4/2025 25

[Section 66F] Punishment for Cyber Terrorism... B. Knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations, or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India 4/4/2025 26

The security of the State, friendly relations with foreign States public order, decency or morality, or in relation to contempt of court, defamatin or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism. 2. Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life. 4/4/2025 27