Discuss the functions, duties and powers of controller as per Electronic Transaction Act.
5 marks
Question source
- Exam year
- 2079 BS / 2022 AD
- Level
- Gazetted Second Class, Assistant Level (Computer Operator – Prabidhik)
- Paper
- Paper II – Sewa Sambandhit Karya Gyan (Job Based Knowledge)
- Section
- Section B
Model answer
Under Nepal’s Electronic Transaction Act, 2063 (2008), the Government appoints a Controller (and Deputy/Assistant Controllers) under the Ministry to regulate digital signatures, certifying authorities and electronic transactions. The Office of the Controller of Certification (OCC) performs this role.
Functions, duties and powers:
1. License Certifying Authorities (CA): Grant, renew, suspend or cancel licenses to organizations that issue Digital Signature Certificates. No one can operate as CA without Controller’s license.
2. Supervise and monitor CAs: Inspect CA offices, check their security practices, key management and staff qualifications. Can order correction if standards are violated.
3. Set standards for Digital Signatures: Fix technical standards for asymmetric cryptography, hash function and secure devices to ensure signatures are authentic and legally valid under Section 10.
4. Maintain records and repository: Keep central records of all licensed CAs, issued certificates, suspended/revoked lists. Publishes trusted list so public can verify a signature.
5. Investigate and take action: Inquire into complaints of misuse, unauthorized access or breach. Can suspend license, impose fines, and recommend prosecution for cyber crime under Chapter 9 (hacking, fraud punishable with fine/imprisonment).
6. Policy advice and awareness: Advise Government on e-transaction policy, promote secure e-governance and e-commerce, and coordinate with Nepal Police and courts in digital evidence cases.
Exam line: Controller = regulator of digital trust — like NRB for banks, Controller for digital signatures.