BACK TO IT ACT
IT Act 2000
Section 34
Disclosure
THE STATUTE
Original Text
Every Certifying Authority shall disclose in the manner specified by the Controller— (a) its Electronic Signature Certificate which contains the public key corresponding to the private key used by that Certifying Authority to digitally sign another Electronic Signature Certificate; (b) any certification practice statement relevant thereto; (c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and (d) any other fact that materially and adversely affects either the reliability of an Electronic Signature Certificate that the Authority has issued, or the Authority's ability to perform its services.
Simplified
Section 34 is the comprehensive disclosure obligation for Certifying Authorities — the transparency requirement that underpins relying party trust. Four categories of disclosure are mandated. First, the CA's own Electronic Signature Certificate (the certificate issued to the CA within the Root CA/sub-CA hierarchy) containing the public key used to sign subscriber certificates — this is the anchor of the trust chain. Relying parties need this to verify that subscriber certificates were signed by a legitimately licensed CA. Second, any relevant Certification Practice Statement (CPS) — the document specifying how the CA operates, its identity verification procedures, key management practices, and certificate policies. Third, any notice of revocation or suspension of the CA's own certificate — a critical disclosure because if the CA's root or sub-CA certificate is compromised or revoked, every certificate it has signed is affected. Fourth — and most broadly — 'any other fact that materially and adversely affects either the reliability of an Electronic Signature Certificate that the Authority has issued, or the Authority's ability to perform its services.' This catch-all disclosure obligation is the PKI equivalent of a material adverse change disclosure in securities law: anything that could cause a reasonable relying party to question the reliability of the CA's certificates or the CA's operational continuity must be disclosed. Clause (d) examples would include: a key management incident that may have compromised the CA's signing key; a significant security breach; insolvency proceedings commenced against the CA; or a material change in the CA's ownership or governance.
Legal Evolution
Section 34 was in the original IT Act 2000. The catch-all material adverse fact disclosure in clause (d) is drawn from the ABA Digital Signature Guidelines' concept of 'material events' that a CA must disclose to protect relying parties.
Key Amendments
Amended by IT (Amendment) Act 2008: 'Digital Signature Certificate' replaced by 'Electronic Signature Certificate' throughout.