Gossip, company secrets on e-mail? Think twice

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RAVI BHASIN

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Jan 29, 2007, 6:18:58 AM1/29/07

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Gossip, company secrets on e-mail? Think twice

Hindustan Times
New Delhi, January 27, 2007

In the seven years after the country passed its information technology law that made e-mails legal documents, there has been almost no awareness and compliance - and few seemed to care. But that is all changing, with e-mails at the heart of a series of new Indian lawsuits. Indians are often not seen as skilful in writing e-mails - most do not realise that this often can become the basis for legal action.

No judgement yet reported. People do not realise that E-mails can have serious legal repercussions. E-mails are increasingly becoming a foundation of litigation in India. Many cases have been brought to court.

Employees of Integrix, a networking company, recently received an e-mail purportedly from one of its directors, promising to help them pass a crucial certification examination without sitting or it-"for a consideration".

The e-mail was traced back to an Internet Protocol address that provides the exact location of a computer. Bharti, the service producer, released the IP address on a court's instructions - showing that the mail came from a former company director, sacked for alleged financial irregularities. He is now being prosecuted after the e-mail was admitted as evidence.

The case also set a new precedent - the Delhi High Court allowed Integrix attorney Duggal to sue an anonymous person identified only by his IP address, before his identity was known.

What the law says:

• E-mails are considered legal documents in India since 2000, when the Information Technology Act came into force.

• E-mails are legal if they are made available in electronic form, and accessible in a way that they can be used for future reference.

• They must be retained in the format in which they were originally generated, sent or received. Electronically available details showing the identification of the origin, destination, date and time of dispatch or receipt are a must.

• Offenders can be imprisoned for a maximum of 10 years and may have to pay a penalty of up to Rs 1 crore