The Constitution, as specified above, grants the citizens of India with right to equality and also prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Therefore, hiring practices in the country including background verifications and interview questions should be done keeping in mind these principles of the Constitution.
The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”) provides the framework for data privacy in India, and would be applicable to the collection of employees’ personal information during background verification and interview questions as well. As per the Rules, the employer must inform the prospective employee of (i) the fact that information is being collected; (ii) the purpose for which the information is being collected, i.e. verification/interviewing of the employee’s credentials; (iii) the intended recipients of the information, i.e. the employer or the third-party background verification services provider; and (iv) the name and address of the employer and/or the third-party background verification services provider.