Can Your Company Use Face Scan to Track Your Breaks?
"Is your boss illegally scanning your face every time you take a washroom break?"
The Answer
Yes, your company can use face scans, but strictly only with your explicit, informed consent, a clear privacy policy, and a proportionate, lawful purpose.
Section 6 of the Digital Personal Data Protection (DPDP) Act, 2023 & Section 43A of the Information Technology Act, 2000 (read with Rule 5, IT SPDI Rules, 2011).
Supporting Provisions
- Article 21, Constitution of India (Right to Privacy).
- Section 72A, IT Act, 2000 (Punishment for disclosure of information in breach of lawful contract).
Case Law
- K.S. Puttaswamy v. Union of India (2017) — Ruled that the collection of biometric data must pass the "proportionality test" and cannot infringe upon the fundamental right to privacy without a legitimate, necessary aim.
Myth vs Reality
Most employees wrongly believe that once they step into the office, they surrender their privacy rights and the company legally owns their biometric data.
Biometric data collection requires explicit consent and must pass the proportionality test. Companies do not automatically own employee biometric data.
What You Should Do
- 1
Demand your employer’s "Biometric Data Privacy Policy" to check exactly how your face scans are stored, secured, and when they will be permanently deleted.
- 2
Review your onboarding documents to verify if you actually signed an explicit consent clause for facial recognition.
- 3
Send a formal email to the company’s Data Protection Officer (DPO) revoking your consent if the tracking feels excessive or non-consensual.
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