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DPDP Act 2025 and Background Verification: How Candidates Can Stay in Control of Their Data

P
Priya Sharma
Head of Trust & Safety
2026-03-13 7 min read

India's Digital Personal Data Protection Act 2025 gives candidates new rights over how their personal data is used in background checks. AscentPassport was built for this era.

India's Digital Personal Data Protection Act 2025 came into full effect in January 2026 and it changed the legal framework around personal data in ways that most background verification agencies are still working to address. For candidates, the Act creates rights that previously had no practical mechanism for enforcement. For employers, it creates obligations that traditional BGV practices do not easily satisfy. For both parties, the compliance landscape has fundamentally shifted. Under the DPDP Act, personal data including employment history, identity documents, salary information, and contact details can only be collected and processed with explicit, informed consent. The purpose must be stated clearly at the point of collection. Data cannot be used beyond that stated purpose. The data principal, which means the candidate, has the right to access the data held about them, request corrections, and ask for deletion when the processing purpose no longer applies. This creates a direct structural conflict with how traditional background verification has worked. A candidate submits documents to an employer. The employer sends those documents to an agency. The agency stores them in a proprietary database and may cross-reference them against other checks. The candidate has no visibility into what was stored, how long it is retained, who can access it, or what other purposes the data might be used for. In many traditional BGV arrangements, the candidate was not even formally notified that a check was being conducted. AscentPassport was built around consent-first principles from the beginning, which means it aligns naturally with DPDP requirements without requiring significant adaptation. Candidates own their verified data and explicitly control what each employer can see. Visibility settings are adjustable. Access can be granted and revoked. Sensitive identity information such as PAN numbers is encrypted at rest and never transmitted to employers who check a passport. Employers see only the verification outcome, the AP Score and confirmed employment status, not the underlying identity data that produced it. The audit trail built into AscentPassport also satisfies DPDP transparency requirements. Every action on a candidate's profile is logged permanently and immutably. If a regulator or the candidate themselves asks what was accessed, by whom, and when, the system provides that answer immediately. Traditional BGV agencies cannot typically provide this level of access log transparency. For employers, the practical compliance benefit of using AscentPassport over a traditional agency is significant. A company that can demonstrate it obtained clear informed consent, used employment data only for the stated verification purpose, gave candidates visibility and control over the process, and maintained an auditable record of all data access is in a fundamentally stronger compliance position than one that handed candidate documents to a third party and hoped for the best. DPDP enforcement is expected to intensify through 2026 and 2027 as the Data Protection Board becomes operational and its regulatory capacity matures. Penalties for non-compliance are substantial. Using a consent-first, candidate-controlled verification platform is not only the right thing to do from a fairness standpoint. It is also sound risk management for any organisation that takes its regulatory exposure seriously. For candidates who are concerned about data privacy in the verification process, AscentPassport's model offers something no traditional BGV agency can match: genuine control. You choose when your passport is visible, you can revoke access at any time, and you can see exactly what each employer sees when they check your profile. In the DPDP era, this is what consent-first data handling actually looks like in practice. The broader point is that DPDP compliance and candidate-centric verification are not in tension with effective hiring. They are complementary. A verification process that respects candidate rights, moves quickly, and produces high-quality verified data is strictly better than one that is slow, opaque, and legally exposed. AscentPassport was designed to demonstrate that these goals reinforce each other. Candidates who are wondering how to respond when an employer asks them to consent to a traditional BGV have a new option in 2026: offer your APID instead. If the employer uses AscentPassport, the check is instant and free. If they do not, your passport link still provides more verified information than most candidates can offer. Either way, you are demonstrating transparency and making the employer's verification task easier.

#DPDP #data privacy #compliance #India #candidate rights

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