Q1 - How does DPDPA apply to employee data?
Answer
- Employee data is personal data, so it falls under DPDPA.
- Employers can process employee data without consent if it is necessary for employment purposes (salary processing, compliance with labour laws, tax deduction, workplace safety).
- But for anything beyond necessity, consent is required.
Example
- ABC Manufacturing Ltd. can process Narayan’s Aadhaar and PAN for PF contributions (necessary).
- But if ABC wants to use his personal photo for marketing campaigns, it must seek his consent.