Electronic Transactions Act, 2008
evidence in its possession pending the issue of a Court order and shall
take steps to ensure that the request by the law enforcement agency is not
disclosed to third parties during the period.
(2) Where an order from the Court is not obtained and served for
fourteen days after the re ceipt of the written request, the wire or electronic
communication services, or remote computing service provider is not under
any obligation to preserve the evidence.
Contents of electronic communications in electronic storage
101. (1) A Court may order the disclosure of the contents of an electronic communication that is in transit, held, maintained or has been in
electronic storage in an electronic communications system by an electronic
communication service provider.
(2) The Court shall not make an order unless it is satisfied that
the disclosure is relevant and necessary for investigative purposes or is in
the interest of national security.
Disclosure of electronic information
102. (1) Except as provided in this Act, a provider of an electronic
communication service or remote computing service shall not disclose a
record or other information pertaining to a subscriber to a customer of
an electronic communication service to any person without the consent
of the subscriber or customer.
(2) A provider of an electronic communication service or remote
computing service shall disclose a record or other information related to
a subscriber or customer to a law enforcement agency
(a) on receipt of a Court order for the disclosure, or
(b) on receipt of the written consent of the subscriber or customer
to the disclosure.
Provider to keep logs and records
103. A provider of electronic communication service or remote computing service shall keep logs and records of the
(a) name,
(b) electronic source and destination address,
(c) billing records if any,
(d) duration of service to a subscriber or a customer,
(e) types of services and related logs of the subscribers, and
(f) activities which take place on its electronic platform as may
be reasonably appropriate for a period of twelve months.
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