IndiaInformation Technology Act, 2000, section 11, an electronic record sent by an information system programmed by or for the originator to operate automatically is attributed to the originator
Information Technology Act, 2000 (Act 21 of 2000), s. 11
In force since .
An AI liability rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Treat an electronic record that an information system programmed by you or on your behalf sends automatically as attributed to you as its originator (section 11(c)).
- Treat an electronic record sent by a person who had the authority to act on your behalf in respect of that record as attributed to you as well (section 11(b)).
- Do not rely on the Act for a negotiable instrument other than a cheque, a power of attorney, a trust, a will, or a contract for the sale or conveyance of immovable property, which its First Schedule excludes (section 1(4)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does section 11(c), which speaks of an information system programmed by or on behalf of the originator to operate automatically, attribute to the originator a record that an AI agent composes and sends in a way its programming did not specify?
What this law does
Section 11 of the Information Technology Act, 2000 attributes an electronic record to the originator if it was sent by the originator, by a person who had the authority to act on behalf of the originator in respect of that electronic record, or by an information system programmed by or on behalf of the originator to operate automatically.
An originator is a person who sends, generates, stores or transmits any electronic message, or causes one to be sent, generated, stored or transmitted, to any other person, but not an intermediary. Nothing in the Act applies to the documents or transactions specified in its First Schedule. The First Schedule lists a negotiable instrument other than a cheque, a power of attorney, a trust, a will, and a contract for the sale or conveyance of immovable property or any interest in it. The Act came into force on .
When LexLint raises it
When your app profile says your app deploys a chatbot or sends automated outreach.
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