Data protectioni Requirements for registration
There is no requirement for an employer to register with a data protection agency or other government body.ii Sensitive personal data or information
Background checks are a common feature that employers in India generally follow before hiring anyone, and successful completion of these checks is a precondition to employment (and continuing employment) with the company. Often, employers retain the right to conduct background checks on existing employees in case it is required for business purposes.
There is no prohibition on conducting background checks on employees, including candidates, provided their consent for this has been obtained. Background checks could include verifications on education, criminal history, credit rating, etc. The most common background check is of academic credentials, which is typically outsourced by an employer.
Criminal verifications are becoming somewhat common in India, though it is not an easy process as criminal records are not digitised or consolidated centrally.
Under current Indian credit rating structures, an individual can obtain information on his or her credit rating. An employer can also access this information with the employee's permission and on providing necessary proof of identity. Access to credit rating information is more common in banks and financial institutions.