Electronic record

1. What is an electronic record?

The term "electronic record" is defined in the Information Technology Act of 2000 (IT Act).

• An electronic record is information recorded by a computer that is produced or received in the initiation, conduct or completion of an agency or individual activity. Examples of electronic record include e-mail messages, word-processed documents, electronic spreadsheets, digital images.
• A collection of data, managed and processed to become information. It is collected by electronic processes. Known also as machine readable record.
• “Electronic records” can encompass both analog and digital information formats, although the term principally connotes information stored in digital computer systems. “Electronic records” most often refers to records created in electronic format (born digital) but is sometimes used to describe scans of records in other formats (reborn digital or born analog). Electronic records are often analogous to paper records; email to letters, word processing files to reports and other documents. Electronic records often have more complex forms, such as databases and geographic information systems.
• An Electronic Record is defined as “any combination of text, graphics, data, audio, pictorial, or other information representation in digital form that is created, modified, maintained, archived, retrieved, or distributed by a computer system.” This definition ensures that electronic records are the same as paper records.
• An electronic record is any information that is recorded in machine readable form. Electronic records include numeric, graphic, audio, video, and textual information which is recorded or transmitted in analog or digital form such as electronic spreadsheets, word processing files, databases, electronic mail, instant messages, scanned images, digital photographs, and multimedia files.  Electronic records that meet the definition of a public record must be managed and made available according to applicable laws and rules. Record schedules apply to records regardless of their physical format.
• Records in electronic format are hardware and software dependent. These records can only be read and understood if the storage medium can be read by existing equipment and if the programs used to create the digitized data are still available.
• Electronic records are data and information that are created, modified, archived, retrieved, and distributed by a computer system.
• “electronic record” means a record generated, communicated, received or stored by electronic means in an information system or for transmission from one information system to another;

• Digital proof in the form of an electronic transaction log kept by individuals or organizations.
• Any document or contract that is created, generated, sent, communicated, received, or saved electronically is referred to as an electronic record.
• In order to save and manipulate data, automated systems must first capture and store it in a human-readable format.
•  An electronic record is any information that is stored in digital format, recorded by a computer.  At first glance, electronic records may seem to differ only in their physical medium from paper records, but, are even prevalent in the modern society due to advancement of technology. It comprises of any combination of text, graphics, audio, data, web pages or pictorial representation. The creation of records in electronic form has created practical, legal, and technological obstacles to public accountability that have yet to be fully overcome.
•  According to Section- 2 (i) of Right to Information Act, 2005 "Record" includes: (a) Any document, manuscript file; (b) Any microfilm, microfiche and facsimile copy of a document; (c) Any reproduction of image or images embodied in such microfilm (whether enlarged or not).
• Section 43A: Imposes compensation for failure to protect data.
• Section 66: Criminalizes the act of hacking and data theft.
• Section 72A: Provides for penalties for breach of confidentiality and privacy in the context of electronic records.

History of Electronic Record

• The increasing reliance on electronic means of communications, e-commerce, and storage of information in digital form has necessitated amendments in Indian law to incorporate provisions on the appreciation of digital evidence, including electronic records.
• The Information Technology Act, 2000, and its amendment are based on the UNCITRAL model Law on Electronic Commerce, and they allow for the admissibility of digital evidence, including electronic records.
• Amendments to the Indian Evidence Act 1872, the Indian Penal Code 1860, and the Banker's Book Evidence Act 1891 provide the legislative framework for transactions in the electronic world, including electronic records.
• Indian courts have developed case law regarding reliance on electronic evidence, including electronic records, and judges have demonstrated perceptiveness towards the intrinsic 'electronic' nature of such evidence.
• Digital evidence or electronic evidence is any probative information stored or transmitted in digital form, which includes electronic records such as e-mails, digital photographs, word processing documents, spreadsheets, databases, computer memory contents, and various other digital files.
• Electronic records tend to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive, and more readily available compared to traditional physical records.

Deviation from Indian Practice

Admissibility Standards

• USA: The USA has specific criteria outlined in the Federal Rules of Evidence for the admissibility of electronic records, categorizing it into background and foreground evidence based on its origin and relevance to investigations.
• India: While India has amended its laws to allow for the admissibility of electronic records under the Information Technology Act, there may be a lack of specific criteria comparable to those in the USA for determining the admissibility of different types of digital evidence .

Verification Process

• USA: In the USA, there are established procedures and practices for verifying the authenticity and relevance of electronic records, including forensic analysis and expert testimony to support the admissibility of such evidence in court.
• India: There have been instances in India where law enforcement authorities initiated investigations based on electronic records without thorough verification, leading to challenges in establishing the authenticity and relevance of the evidence.

Legal Framework

• USA: The USA has a well-established legal framework, including the Federal Rules of Evidence, that governs the admissibility and treatment of electronic records in court proceedings, providing clarity and consistency in handling electronic data.
• India: While India has made amendments to incorporate digital evidence into its legal framework, there may be a need for further development and refinement of laws and procedures to effectively address the complexities of digital evidence in legal proceedings.

Expert Verification

• USA: In the USA, there is a reliance on expert verification and authentication of electronic records to ensure its integrity and reliability in court proceedings, enhancing the credibility of such evidence.
• India: There have been calls for the establishment of independent authentication and verification authorities in India to examine electronic records thoroughly and provide comprehensive reports on its authenticity and relevance.

2. Official definition of an "electronic record"

2.1) TERM AS PER DEFINED IN LEGISLATION

• Section 2(t) of Information and Technology Act, 2000 states that “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer generated microfiche.
• Section 2(22AA) of Income Tax Act, 1961 defines that  "document" includes an electronic record as defined in clause (t) of sub-section (1) of section-2 of the Information Technology Act, 2000 (21 of 2000).
• Section 2(1) of Singapore Electronic Transactions Act, 2010 states that “electronic record” means a record generated, communicated, received or stored by electronic means in an information system or for transmission from one information system to another.
• Article 2 of UNCITRAL Model Law on Electronic Transferable Records defines “Electronic record” means information generated, communicated, received or stored by electronic means, including, where appropriate, all information logically associated with or otherwise linked together so as to become part of the record, whether generated contemporaneously or not.
• As per the Canada Evidence Act, 1985 defines that an electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.
• As per Section 103 of Pennsylvania General Assembly of 1999 Act 69 defines that "Electronic record."  A record created, generated, sent, communicated, received or stored by electronic means.
• Section 7 of Uniform Electronic Transactions Act, Code of Virginia, 2000 defines that "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
• According to the Government Records Office Archives of Manitoba information recorded by a computer and in a form that only a computer can process. It can be a born-digital record or a record that has been converted from analogue to digital form (digitized). Examples may include: email messages, word-processed  documents, spreadsheets, digital images, and databases. Many digital records are maintained as part of an electronic system, such as geographic information system (GIS), digital image storage system, computer aide design (CAD) system, etc.
• Section 65A of the Indian Evidence Act,1872 states that to admit electronic record as an evidence its content needs to be proved in accordance with the provisions of section 65B.
• Mode of proof: Electronic records being more susceptible to tampering, alteration, transposition, excision, etc. without such safeguards, the whole trial based on proof of electronic records can lead to travesty of justice. It requires:-  Integrity of the data: That is the data as sent or recorded was intact and not tampered with.  Integrity of the hardware/software: The hardware and software used to reading, downloading, interpreting, seeing or storing was functioning according to set standards and there was no deviation or its corruption Security of the system: The system used to access such electronic record was secured, and during the particular course of period it was not accessed by any unauthorized person, so as to rule out the possibility of its tampering or malfunctioning.
• Section 3 of the Indian Evidence Act,1872 was amended and the phrase “All documents produced for the inspection of the Court'' were substituted by “All documents including electronic records produced for the inspection of the Court”.
• Adding further in it according to rule 27 of Companies (Management and Administration) Rules, 2014 (‘MGT Rules, 2014’) also defines ‘records’ to mean any register, index, agreement, memorandum, minutes or any other document required by the Act, 2013 or the rules made there under to be kept by a company, which may be maintained in electronic form by a company. This definition of records is similar to the definition of ‘company records’ in section 1134 of Companies Act, 2006. Additionally, Rule 3 of Companies (Accounts) Rules, 2014 also requires companies to maintain books of account and other relevant books and papers in electronic mode. In fact, the Rule lays down a specific requirement that such records shall be maintained such that they are accessible in India so as to be usable for subsequent reference.

Domestic Law

• The US has legislation on electronic records in the Electronic Code of Federal Regulations, part 11. It provides for the records in electronic form that qualify to be reliable with some exceptions. Herein, electronic records are defined as any combination of text, graphics, data, audio, pictorial, or other information representation in digital form that is created, modified, maintained, archived, retrieved, or distributed by a computer system.
• The legislation in the UK includes the e-Government Policy Framework for Electronic Records Management. It deals in the electronic records management, Herein, the electronic record is defined as public records generated and stored in electronic form. Another legislation is the UK Electronic Trade Documents Act, 2023. It provides for electronic trade documents which can be accorded the same legal status as the paper equivalents.
• The legislation in the EU includes the eDIAS Regulation for electronic identification and trust services for electronic transactions in the internal market. It ensures legal certainty for cross-border use of e-signatures, e-seals, time-stamps, e-Delivery services and website authentication certificates.This is the sole regulation, and not a directive in the EU that closely regulates electronic records.
• Singapore’s legislation on electronic records includes the Electronic Transactions Act (Chapter 88 of Singapore). Electronic records are defined and legally recognised in Singapore under Section 2(1) and section 6 of this Act. Further, it has provisions for the secure electronic record that are electronic records which are verified by security procedures. The Evidence Act (Chapter 97 of Singapore) provides for legal presumptions in relation to these records and the admissibility of these records as evidence.

Official Government Report

According to the Bharatiya Sakshya Bill, 2023 (BSB) proposes some key changes regarding the treatment of electronic or digital records as evidence in courts compared to the existing Indian Evidence Act, 1872 and recommendations of the Standing Committee on Home Affairs related to electronic records are :

• Tampering of electronic evidence: The Committee recommended inserting a provision mandating that all electronic and digital records collected as evidence during investigation be securely handled and processed through a proper chain of custody to safeguard their authenticity and integrity.
• Admissibility of electronic evidence: The Committee recommended proving electronic records as per Clause 63 of the BSB, which provides for the admissibility of electronic records and requires a certificate for authentication, rather than treating them as primary evidence under Clause 59.
• Certificate for authenticating electronic records: The Committee noted that the certificate specified in the BSB for authenticating electronic records does not fulfill all the requirements for admissibility of electronic records. It recommended amending the certificate to meet the requirements under the section on admissibility of electronic records. https://prsindia.org/billtrack/prs-products/standing-committee-report-summary-4276

Meity (Ministry of Electronics and Information Technology) published an notification on Secure Electronic Records and Secure Digital Signatures Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. https://www.meity.gov.in/content/secure-electronic-records-and-secure-digital-signatures.

What can be an Electronic Record?

Electronic records could be of various types. It could be structured or unstructured. The former refers to electronic content such as ERP software, Customer Relationship Management software systems, etc. The latter refers to several e-documents like doc., docx., pdf., and JPEG among others. Other electronic records include website databases, text messages, tweets, blogs,  voice or audio mail, videos, and scanned images of documents. Simply put, emails, digital purchase receipts, social media content, word, excel, PowerPoint, etc., all fall under the ambit of electronic records.

  Electronic Record as an evidence

• The computer via which the information was produced shall be used regularly over a period of time to store or process the information by the person having a lawful control over the same.
• During the specified period, information derived from electronic records was regularly fed into the computer during normal course of activities.
• During the specified period the computer must be operating properly and if not then its inoperation was not as such to affect the accuracy of the contents
• The electronic record contains information that is either reproduced or derived from the information fed into the computer during ordinary course of activities.
• Section 65B(3) deals with the situation when a number of computers, or various configurations of computers, have been used throughout time to store or process data for operations that are routinely performed. This section makes it clear that, for the purposes of the Act, all such computers—whether they operate alone, consecutively, or in any combination over that time—must be regarded as a single computer.
• Section 65B(4) is perhaps the most important clause of this section, which requires a certificate to be submitted with the electronic record. This certificate, which verifies the electronic record and is required for its admissibility in court, shall be issued by a responsible body or an individual.
• Section 65B (1) enshrines the principle that any information contained in an electronic record shall be deemed as a document and shall be admissible as an evidence in any proceedings, without further proof if certain conditions mentioned in the same section are fulfilled.
• Section 65B of the Indian Evidence Act,1872  specifies the requirements for the admissibility of electronic records such as E-Signatures & digital documents as evidence in legal proceedings.
• With the advent of internet revolution, the Indian legal system incorporated technology into its proceedings through the Amendment Act of 2000 to the Indian Evidence Act, 1872. The amendment was introduced to add Section 65A & 65B to the act, keeping the concerns regarding the authenticity of electronic records intact and to ensure their adaptability in courtrooms. The admissibility of electronic evidence in Indian courts, since then have been a topic of extensive discussion, one of the reasons for which is the prevailing ambiguity in provisions incorporated thereunder.
• Any information contained in an electronic record that is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer is deemed to be a document (under the Evidence Act) under Section 65B(1), notwithstanding any other provisions of the Evidence Act, provided the requirements outlined in Section 65B(2) are met.
• Section 29A of Indian Penal Code, 1860 provides that electronic records can be admitted as evidence in a court of law. The admissibility of electronic records is subject to certain conditions, such as the reliability of the electronic record, the manner in which it was generated, and the accuracy of its contents.

     Legal Provisions Related to the Term:

• Section 4 of the IT Act, 2000 Electronic records are functionally equivalent to records available in writing or in typewritten or printed form, provided such electronic records are accessible for subsequent reference.    Section 5 of the IT Act, 2000 Electronic signatures, including digital signatures, are functionally equivalent to physical signatures.
• Section 6 of the IT Act, 2000 Electronic records and electronic signatures used by the Government in its regular transactions are functionally equivalent to records and signatures available in physical form.
• Section 85B of the Indian Evidence Act, 1872  In any proceeding involving a secure electronic record, the Court shall presume that the secure electronic record has not been altered up to the point in time to which the secure status relates. Additionally, in any proceeding involving a secure digital signature, the Court shall presume that such signature is affixed by the subscriber with the intention of signing/approving the electronic record.

Cases Related to Admissibility under the Shade of Electronic Evidence.

• In Arjun v. Kailash, the election of Mr. Arjun Panditrao Khotkar from the Jalna-101 Legislative Assembly Constituency was contested on the grounds that the nomination papers were submitted beyond the deadline. The court was required to adjudicate on the issue. The respondents desired to use footage from cameras to demonstrate that the candidate submitted his nomination after the deadline. In compliance with the High Court's directive, the Election Commission created CDs that included a copy of the video camera recordings. Nevertheless, despite the Petitioner's repeated efforts, the Election Commission failed to deliver the required certifications in compliance with Section 65B(4). In the case of Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and Others, according to the ruling, producing a certificate as mandated under Section 65B (4) of the Evidence Act is a "condition precedent" for the admissibility of evidence from an electronic record.
• In the case of Anvar P.V  Vs. P.K. Basheer (2014), a Division Bench of the Supreme Court held that the safeguards stipulated under Section 65B of the Indian Evidence Act ensure that the source and authenticity of electronic records are reliable. Without such safeguards, any trial based on the proof of electronic records might vitiate justice.
• In case of Amitabh Bagchi Vs. Ena Bagchi (AIR 2005 Cal 11) sections 65A and 65B of Evidence Act, 1872 were analyzed. The court held that the physical presence of person in Court may not be required for purpose of adducing evidence and the same can be done through medium like video conferencing. Sections 65A and 65B provide provisions for evidences relating to electronic records and admissibility of electronic records, and that definition of electronic records includes video conferencing.
• In case of  Bodala Murali Krishna Vs. Smt. Bodala Prathima (2007 (2) ALD 72) the court held that, “…the amendments carried to the Evidence Act by introduction of Sections 65-A and 65-B are in relation to the electronic record. Sections 67-A and and 73-A were introduced as regards proof and were verification of digital signatures. As regards presumption to be drawn about such records, Sections 85-A, 85-B, 85-C, 88-A and 90-A were C, added. These provisions are referred only to demonstrate that the emphasis, at present, is to recognize the electronic records and digital signatures, as admissible pieces of evidence.”
• In case of  Dharambir v Central Bureau of Investigation (148 (2008) DLT 289) , the court arrived at the conclusion that when the Section 65B talks of an electronic record produced by a computer referred to as the computer output) it would also include a hard disc in which information was stored or was in earlier earlier stored or continues to be stored.

3.Types of Electronic Record

●      Application software

This is the computer program or software designed to help people perform a specific function directly for an end user or for another application. Examples of the application software are word processors, database programs, web browsers, image editors and communication platforms.

●      Technology

Electronic records relies on technology for its whole lifecycle, the technology facilitate creation, access and storage of the records example of technologies used is cloud computing and block chain technology (Decentralization block chain, Trust block chain, Immutability). Cloud Computing is the model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources like network servers, storage, applications and services that can be provided with a minimum services provider interaction.

●      Storage Media

For electronic records to be complete there should be storage medium to facilitate storage of the records. There are different types of the storage medium used to store electronic records, The storage medium can be either:

1.   Magnetic- On magnetic media, the digital data is encoded as microscopic magnetized needles on the surface of the medium (eg, disk (computer applications) or tape (video and audio recording).

2.   Optical- On optical media, the digital data is encoded by creating microscopic holes in the surface of the medium (e.g., disk).

3.1 Slight Differences and Nuances in the Concept:

●  Records are the backbone of any archive. They are the records that provide a historical context to a given topic and allow us to understand what is happening in the present. Records contain information about past events. It can be any form of documentation that is created and stored by an organization or government. Records may include transcripts, speeches, sound recordings, biography, memos, photographs, drafts, letters, financial reports, meeting minutes, contracts, medical records and more.

●      According to the ISO, Records are documents that are created, received, and maintained by an agency, organization, or individual in accordance with legal obligations or business needs.

●      Good records have certain characteristics:

1.   They must be original

2.   Relevant to the period

3.   Have complete and accurate information about what happened during that period.

4.   Easily accessible for future generations who may need it for research purposes.

5.   Stored in safe conditions

●      What are Archival Records?

An archival record is a piece of evidence that documents an event or transaction. It can be paper-based or electronic. Records are important because they provide evidence in legal proceedings as well as are necessary for conducting business and managing operations. The three characteristics that define a record are content, context, and structure. Content is what is recorded in the document; context is where it was created, and structure refers to how it was created. The value of a record depends on how important it is to the organization that created it. Records are preserved for several reasons. The most important reasons are to provide accurate accounts of events, to maintain a historical record, or as proof of someone’s existence.

●      Electronic Records vs. Physical Records

1.  Electronic records are records that are stored on a digital medium, like a computer or a mobile device. They are created, accessed, and maintained in digital form.

2.   Physical records are pieces of paper that contain information about an event. Records can be kept in many different formats, such as a photograph, video recordings, or a written account of the event.

3.  Electronic records are for the most part an improvement over physical records. The downside of electronic records is that they can be easily tampered with or deleted. Physical records on the other hand, provide a more secure way to manage data, but they are not as flexible as electronic ones. So, both the formats have their own pros and cons.

3.2   Multiple meanings in terms of usage in research and per civil society:

Usage in Research:

●      Data Collection and Storage- Electronic records in research encompass various types of data collected digitally, including survey responses, experimental results, and clinical records. These records are stored electronically in databases or spreadsheets for analysis.

●      Literature Review and Reference- Researchers rely on electronic records such as academic papers, journal articles, and conference proceedings for literature reviews and referencing previous studies. These records are accessed through digital libraries, online databases, and institutional repositories.

●      Documentation and Metadata- Electronic records include metadata providing information about the research data, such as timestamps, file formats, and version history. Documentation of research activities, including project plans, grant proposals, and ethics approvals, is also stored electronically.

●      Collaboration and Communication- Researchers use electronic records for collaboration and communication, sharing documents, datasets, and findings with colleagues through email, file-sharing platforms, and collaboration tools.

●      Analysis and Interpretation- Electronic records serve as the foundation for data analysis and interpretation in research. Researchers analyze quantitative data stored in databases or spreadsheets and qualitative data from interviews or observations captured in audio or video recordings.

Usage in Civil Society:

●      Documentation and Reporting- Nonprofit organizations use electronic records to document activities, projects, and impact for reporting to funders, stakeholders, and the public. This includes financial records, program reports, and outcome assessments stored electronically.

●      Membership and Constituent Management- Membership organizations and community groups manage member databases and track engagements electronically. This involves maintaining membership records, volunteer rosters, and participant lists.

●      Legal and Compliance Documentation- Legal aid organizations and advocacy groups use electronic records to manage case files, client information, and legal documentation. This includes intake forms, court filings, and correspondence with clients stored digitally.

●      Fundraising and Donor Management- Charitable organizations and crowdfunding initiatives rely on electronic records for fundraising campaigns and donor management. This involves maintaining donor databases, tracking contributions, and managing grant applications electronically.

●      Communication and Outreach- Community-based organizations and coalitions communicate with stakeholders, community members, and the public through electronic records. This includes email newsletters, social media posts, and website content.

●      Impact Assessment and Evaluation- Social impact organizations and research institutes use electronic records for monitoring and evaluating the effectiveness of programs and policies. This involves collecting and analyzing data electronically to assess impact and inform decision-making.

   Research that engages with electronic record

• https://rajasthanjudicialacademy.nic.in/docs/studyMaterial05022021.pdf which conducted a research on the following topic Cyber Laws and Electronic Records, it separately deals with admissibility of electronic records admissibility.
• https://www.meity.gov.in/content/attribution-acknolwedgment-and-despatch-electronic-records discusses about Attribution, Acknowledgment and Despatch of Electronic Records.
• The following article https://articles.manupatra.com/article-details/Admissibility-of-Electronic-Record-in-India  deals with Admissibility of Electronic Records in India authored by Rohan Jain.
• This article https://medcraveonline.com/FRCIJ/admissibility-of-electronic-evidence-an-indian-perspective.html  deals with the concept and meaning of electronic evidence. Further the principles of the evidence act are explained with amendments in regard to electronic evidence. Also several decisions of the Indian Supreme Court have been cited in reference to the admissibility of electronic evidence, authored by Vivek Dubey.
• https://www.lexology.com/library/detail.aspx?g=c49488a8-7417-4920-a056-b7d1e4cd363b the article deals with legal provisions and position with regard to execution of documents by way of electronic mode.
• https://scholarticles.wordpress.com/2015/08/27/legal-recognition-to-electronic-records-in-india/ this comprehensive research study on the use of Legal instruments or Legal records in electronic form in today’s technological era authored by Aashima Chhabra.

3.3   Functional variations across regions/states/High Courts:

Across Regions:

●      Data Collection and Storage- Regions may employ different methods for collecting and storing electronic records based on factors such as technological infrastructure and administrative practices. Some regions may utilize centralized databases, while others may rely on decentralized systems managed by individual departments or agencies.

●      Accessibility and Interoperability- The level of accessibility and interoperability of electronic records can vary across regions. Advanced regions may have integrated systems that allow for seamless sharing and exchange of electronic records among different government entities. In contrast, less developed regions may face challenges in achieving interoperability due to legacy systems and varying standards.

●      Security and Privacy Measures- Regions may implement different security and privacy measures to protect electronic records from unauthorized access and breaches. This includes encryption protocols, access controls, and compliance with data protection regulations. Variations in security practices may impact data integrity and confidentiality across regions.

Across States:

●      Case Management Systems- States may deploy different types of electronic case management systems to facilitate the processing and tracking of legal cases. These systems range from basic databases for storing case information to more advanced platforms with features such as electronic filing, docket management, and automated workflows.

●      Legal Research Tools- The availability and sophistication of electronic legal research tools may vary among states. Some states may provide access to comprehensive online legal databases, statutes, and case law repositories, while others may have limited resources for legal research and reference.

●      Courtroom Technology- States may differ in their adoption of courtroom technology to support electronic record-keeping during court proceedings. This includes electronic evidence presentation systems, digital transcription services, and video conferencing tools. The level of integration of courtroom technology can impact the efficiency and transparency of judicial proceedings.

High Courts:

●      Electronic Filing and Docketing- High courts typically operate electronic filing and docketing systems to streamline case management processes. These systems allow attorneys and litigants to submit documents electronically, track case status, and receive notifications about case developments. The functionality and user interface of these systems may vary across different high courts.

●      Document Management and Workflow- High courts manage a large volume of electronic documents, including pleadings, motions, orders, and judgments. Document management systems vary in their features and capabilities, including version control, document indexing, and collaboration tools. High courts may also implement workflow automation to optimize document routing and processing.

●      Digital Archiving and Preservation- High courts are responsible for the long-term preservation of electronic records to ensure accessibility and integrity. This involves establishing digital archiving policies, metadata standards, and backup procedures to safeguard electronic records against loss or corruption. High courts may collaborate with archival institutions and digital preservation experts to implement best practices for digital archiving.

3.4 Use of different electronic records across regions/states/High Court

• The e-committee of the Supreme Court of India had formed a Sub Committee for the formulation of the SOP on Digitization of Records. The SOP has recently been finalized and circulated to the High Courts for their comments.
• The SOP plans to establish dedicated Judicial Digital Repositories (JDRs) at the High Court level to manage and preserve the digital records of the HCs as well as the district courts under its administrative control. Similar JDR is planned for the Supreme Court.
• The SOP recommends defining and implementing a comprehensive Information Governance (IG) policy considering the enormous volume of e-filing and production of digital records by the courts. It provides comprehensive technical specifications, open standard based file formats and guidelines for digitization. It provides guidelines for preparation of Submission Information Package (SIP) and method for transfer of digitized records to JDR. The Judicial Digital Repositories (JDRs) have to be audited and certified as per the ISO 16363 for their overall trustworthiness and reliability in the long-term considering the need for legal admissibility of digital records.

4. International Experience

International experience on database records refers to the practices, standards, and regulations followed by organizations and countries around the world in managing and maintaining electronic record databases. This includes the storage, organization, retrieval, and protection of data within databases to ensure accuracy, security, and compliance with relevant laws and regulations. Some common international experiences related to database records include:

4.1 Data Protection Regulations: Many countries have data protection laws that govern how personal data is collected, stored, processed, and shared. Organizations must adhere to these regulations when managing database records containing sensitive information.

4.2 Record Retention Policies: Different countries have varying requirements for how long certain types of records must be retained. Organizations must develop and implement record retention policies to ensure compliance with these regulations.

4.3 Data Security Standards: International standards such as ISO/IEC 27001 provide guidelines for implementing information security management systems to protect database records from unauthorized access, disclosure, alteration, or destruction.

4.4 Data Privacy Frameworks: Frameworks like the General Data Protection Regulation (GDPR) in the European Union establish principles for the lawful processing of personal data, including database records, and require organizations to obtain consent from individuals before collecting and using their data.

4.5 Cross-Border Data Transfers: Organizations that operate in multiple countries must navigate the complexities of transferring database records across borders while ensuring compliance with data protection laws and regulations in each jurisdiction.

4.6 Electronic Records Management Systems: International best practices for electronic records management emphasize the importance of implementing robust systems and processes for capturing, classifying, storing, and disposing of database records in a systematic and organized manner.

Overall, international experience on database records involves understanding and adhering to a range of legal, regulatory, and industry standards to effectively manage electronic records and ensure the integrity, confidentiality, and availability of data within databases.

5. Appearance in Official Database of Electronic Records

Appearances" in the context of an electronic record database can relate to the times that a specific record is seen, accessed, altered, or otherwise interacted with inside the database. Tracking the significance, use, and popularity of particular database records can be done with the help of this data. It can also be useful in tracking user behavior, seeing patterns, and comprehending how data is used in the system. Appearances data can also be utilized for performance analysis of the electronic record database, security monitoring, and auditing.

6. Research That Engages With Electronic Records

Research that engages with electronic records encompasses a wide range of disciplines and methodologies, reflecting the increasing reliance on digital data in contemporary scholarship. Such research involves systematic collection, analysis, and interpretation of electronic records to address various research questions and objectives. In fields like data science and informatics, researchers leverage electronic records from diverse sources such as databases, social media platforms, and sensor networks to extract insights and patterns through techniques like data mining, machine learning, and natural language processing. Similarly, in social sciences and humanities, researchers utilize electronic records such as digital texts, multimedia, and archival materials to explore cultural trends, historical phenomena, and societal dynamics. This interdisciplinary approach to research involves navigating ethical, methodological, and technical challenges associated with handling large volumes of electronic data while ensuring data quality, privacy, and validity. Overall, research that engages with electronic records represents a critical frontier in advancing knowledge across various domains and underscores the transformative impact of digital technologies on scholarly inquiry and discovery.

6.1 Engaging in Research with electronic record databases can be a multifaceted endeavor, often involving various steps and considerations.

6.2 The research that uses electronic health records of patient’s medical history that may include demographics, progress notes , problems and medications.

6.3 Research with the help of Electronic records use a variety of mechanisms included embedded push protocols and manual database pulls.

7. Challenges

• Data Security: Ensuring the security and privacy of electronic records is a major challenge, as they are susceptible to hacking, data breaches, and unauthorized access.
• Data Integrity: Maintaining the accuracy and reliability of electronic records can be challenging due to the potential for data corruption, tampering, or loss.
• Compliance with Regulations: Electronic records must comply with various regulations and standards, such as HIPAA, GDPR, and other industry-specific requirements, which can be complex and constantly evolving.
• Long-Term Preservation: Ensuring the long-term preservation and accessibility of electronic records over time can be challenging due to changes in technology, file formats, and storage systems.
• Interoperability: Electronic records need to be able to seamlessly integrate and communicate with different systems and platforms, which can be challenging due to compatibility issues and differing data formats.
• User Adoption: Encouraging users to adopt electronic record-keeping systems and follow proper procedures can be a challenge, as it may require changes in workflow and habits.
• Data Migration: Moving electronic records from one system to another can be complex and time-consuming, especially when dealing with large volumes of data and different data formats.
• Disaster Recovery: Planning for and recovering from disasters that could impact electronic records, such as cyber-attacks, natural disasters, or system failures, is a critical challenge that requires robust contingency plans.

Way Ahead

• Electronic documents are assuming greater significance in the legal and administrative domains within India. The implementation of e-courts, e-filing systems, and online documentation is streamlining legal procedures and enhancing access to justice. With the proliferation of electronic records, ensuring data security and privacy is becoming increasingly crucial. India's regulatory landscape, exemplified by the Personal Data Protection Bill, is aimed at fortifying electronic record security and establishing guidelines for data processing and storage. Technological advancements like blockchain, artificial intelligence, and big data analytics are poised to revolutionize electronic record management in India. Blockchain, for instance, holds the potential to enhance the security and transparency of electronic documents, while AI and analytics can derive valuable insights from extensive data sets. The outlook for electronic records in India appears promising, buoyed by governmental initiatives, technological innovations, and widespread digitization across sectors. Nonetheless, upholding data security, privacy, and effective governance will be imperative for maximizing the technological dividends of electronic records in India.