An Advisory has been issued by deity on ITA 2008 compliance requirements by matrimonial websites.
It is well known that matrimonial websites are “Intermediaries” under ITA 2008 and the guidelines already issued under Section 79A for “Due Diligence”are applicable. Such rules are applicable not only for matrimonial sites but also for many other types of websites including Job portals and corporate websites. It is therefore surprising that this advisory has been issued now as if there was no such requirement so far. This advisory is therefore considered redundant though one can say that perhaps it can be treated as a reminder for the websites which never considered ITA 2008 compliance as their duty.
In fact the right thing to do was for CERT-IN to issue notices to some of these websites and imposing some fines for not following the Sec 79 rules. This would have a more salutary effect on them.
By issuing the advisory only for matrimonial websites and not for other websites it appears as if this is not required for others. The advisory should have clarified this matter.
We would like to keep every other website that collects personal information of the public with or without displaying them on the website is also liable for maintaining the records as indicated in the advisory failing which they will be liable for any offence committed with the use of such information.