Technology has blurred the lines between professional and personal space of an individual. Is employee surveillance by companies in India legal? While labor laws in India are mostly employee-friendly, none of them deal with privacy rights of the employees. Therefore, an employer needs to receive consent and then collect and store personal information of employees as well as potential candidates/recruits. Some of this information such as password, financial information, physical, health condition, biometric information, etc. qualifies as sensitive personal data (SDPI) defined under the SDPI Rules and needs specific compliances by organizations. In addition, as long as such surveillance is for legitimate reasons and reasonable, and does not conflict with the employees personal space and privacy, the law would uphold the same.
