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| Recruitment
February 8 2018

Laws governing pre-emptive screening of employees in India

With no dedicated law governing pre-emptive screening in India, employers must rely on general laws to be sure they are making the right selection for a job selection.

The country's biggest problem with pre-emptive screening is the possible non-compliance with privacy norms. Until recently, employers have not faced any legal repercussions regarding pre-emptive screening, but India is slowly maturing to an advanced regime in privacy laws. A nine-judge bench of the Honourable Supreme Court (SC) recently was constituted to consider whether privacy is a fundamental right, delivering a unanimous verdict that the right to privacy is protected as an "intrinsic part of the right to life and personal liberty".