Section 13 Indian Data Protection Act 2019

Processing of personal data necessary for purposes related to employment, etc

13. (1) Notwithstanding anything contained in section 11 and subject to sub-section (2), any personal data, not being any sensitive personal data, may be processed, if such processing is necessary for

(a) recruitment or termination of employment of a data principal by the data fiduciary;

(b) provision of any service to, or benefit sought by, the data principal who is an employee of the data fiduciary;

(c) verifying the attendance of the data principal who is an employee of the data fiduciary; or

(d) any other activity relating to the assessment of the performance of the data principal who is an employee of the data fiduciary. (2) Any personal data, not being sensitive personal data, may be processed under sub-section (1), where the consent of the data principal is not appropriate having regard to the employment relationship between the data fiduciary and the data principal, or would involve a disproportionate effort on the part of the data fiduciary due to the nature of the processing under the said sub-section.