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".