Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Employee Data and Privacy Laws HR Practices in Transition.

Cite this Article

Gautam Mehra (2025). Employee Data and Privacy Laws HR Practices in Transition.. The Indian Journal for Research in Law and Management, Volume II(Issue 9). Retrieved from https://ijrlm.com/journal/employee-data-and-privacy-laws-hr-practices-in-transition/

Abstract

The digital transformation of Human Resources has led to an exponential increase in the collection and processing of employee personal data, necessitating robust legal and ethical frameworks. This paper examines the evolving landscape of employee data privacy, focusing on the impact of global regulations such as the EU's General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA) in the U.S., and India's Digital Personal Data Protection Act, 2023 (DPDP Act). It argues that the convergence of these stringent privacy norms with advanced digital technologies, particularly cloud computing and Artificial Intelligence, demands a fundamental shift in HR practices towards privacy-by-design principles. The paper delves into core data protection principles, specific provisions of the DPDP Act, and the implications of GDPR and CPRA for employment data. Through an analysis of key HR functions (recruitment, performance management, employee monitoring) and the challenges posed by digital transformation, cloud computing, and AI (including bias and transparency issues), it highlights essential mitigation strategies. Case studies illustrate the real-world consequences of non-compliance. Ultimately, the paper concludes that proactive data governance, comprehensive data mapping, clear policies, continuous training, rigorous vendor due diligence, and embedding privacy by design are crucial for HR to effectively leverage data while upholding privacy, fostering trust, and mitigating significant legal and reputational risks.

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The Indian Journal for Research in Law and Management
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2583-9896
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