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Background screening has become increasingly important in India given the rise in resume/CV fraud. In particular, applicants have claimed they possess degrees they never earned or have inflated their job history and experience.
Currently there is no comprehensive data privacy law in India. However, there are several pieces of legislation that provide guidance in this area. First, Article 21 of the Constitution of India guarantees that "[n]o person shall be deprived of his life or personal liberty except according to procedure established by law." While the word "privacy" is not specifically outlined in the Constitution as a fundamental right, Article 21 has been interpreted as upholding an individual's right to privacy by the Supreme Court in numerous cases. However, this issue has been contested in recent years with the NDA government (National Democratic Alliance) arguing that there is no right to privacy under the Constitution.
In addition, the Information Technology Act 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 outline parameters with respect to sensitive personal data. Sensitive personal data includes: financial information, sexual orientation, medical records and history, physical, physiological and mental health condition, passwords and biometric information (i.e., fingerprints, voice patterns, DNA, etc.). Organizations may only collect sensitive personal information if it is for a lawful and necessary purpose, and with consent of the individual.
Consent should be obtained from the applicant before conducting the background check. In particular, it is common to have a school or employer request the applicant's authorization in writing before providing any verification information.
For further information, download our India Country Data Sheet.
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Requirements: Name, date of birth, full address, father's name, release form
Criminal records searches are conducted at the local police station, where many records are still stored in paper form versus electronically. Turnaround times may be longer for rural areas or police stations that are not equipped with efficient technology.
Requirements: Name, date of birth, address, father's name, release
This search is available at the local level. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
Requirements: Full Name of the Individual including Alias and Surname if any, Fathers Name, release, Complete Address with Postal Code, Address History if available, Copy of PAN Card and Another Government Issued ID
This search is conducted through the IBBI (Insolvency& Bankruptcy Board of India) and NCLT (National Company Law Tribunal). Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.
Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form, copy of degree
It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Requirements: Name, date of birth, employer name and contact information, dates of employment, position held, release form, employee ID
Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame absent a legal or regulatory requirement to obtain that information. Current employers will only be contacted with express consent from the applicant.
Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
Requirements: Name, DOB, Copy of Driver’s License, Signed Release
The motor vehicle records search will confirm if the individual possesses a driver’s license. Details of the driving record may be provided if available.
Requirements: Name, DOB, Copy of PAN Card, Copy of Aadhar Card, Special release
The individual credit report provides a summary of an individual's credit history. Other information provided in the report may include information on the individual's bad debt and collections, trade account information and bankruptcies.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, date of birth, PAN Card or PAN number, release. Preferred: Director Identification Number (DIN), father's maiden name, company name
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Our experienced research staff completes personal reference checks by interviewing an applicant's former or current colleagues. Our researchers will provide a comprehensive overview of a person's characteristics.
Requirements: Name (including former name), dob, address, release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
Criminal history information is available in India. Criminal records are publicly available and considered to be public information. Criminal records begin at the local police level, and then sent to the court system to be judicially heard. Small matters do not need to be under judicial jurisdiction and can be dealt with at the local police level. More substantial matters are sent to the judiciary. Since criminal history begins at the local police level, it’s best to search the local police stations for any criminal history, and then follow that information to the judiciary if applicable.
India does not have any specific data protection or privacy protection laws. Regulations revolving around data protection and privacy protection can be found in other laws, but there is not one single comprehensive data protection law. The Supreme Court did declare that an individual does have the fundamental right to privacy. The Constitution states “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Supreme Court interpreted this as an individual’s right to privacy from unlawful attacks on their honor or reputation. The Information Technology Act 2000 and the Information Technology Rules 2011 (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) outline parameters with respect to sensitive personal data. Organizations that process personal information must abide by the following rules:
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
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