Digital Autonomy And State Surveillance: A Rights-Based Evaluation
- IJLLR Journal
- Apr 24
- 2 min read
Roshni. S & Sri Yalini. V, Advocates
ABSTRACT
The rapid growth of digital governance has amplified the tension between fundamental rights and state surveillance. Often, these rights, such as freedom of speech and expression, privacy, and the right to memory, are put to the test by the state’s interest in security, governance, and administration. The paper critically analyses how the Indian legal system strikes a balance between liberty and state surveillance with the help of principles laid down in the landmark cases like PUCL v. Union of India (1997), Anuradha Bhasin v. Union of India (2020), and Justice K.S. Puttaswamy v. Union of India (2017), and the constitutional framework laid down in Articles 19 and 21 of the Constitution of India. With a focus on the exceptions that allow for extensive state access to personal data, it evaluates the functioning of statutory mechanisms under the Digital Personal Data Protection Act, 2023, and the Information Technology Act, 2000. These statutes not only aid in processing the personal data of data subjects but also sanction punishments for persons violating their provisions. The emerging "right to be forgotten" in Indian jurisprudence and its interaction with other realms of rights like the right to freedom, privacy, and the right to live with dignity are examined by a comparative analysis between India, the European Union, and the United States. This helps to understand the global trends in protecting digital rights while upholding legitimate state interests. The doctrinal research also advocates for a rights-based approach for e-governance by utilising the principles of proportionality, transparency, and accountability. It concludes that, in the digital era, protecting privacy and digital memory is not a threat to national security, but rather essential for preserving human dignity, promoting public participation, and fostering confidence in governmental institutions.
Keywords: Privacy, Freedom, Surveillance, Digital Memory, Right to be Forgotten, Data Protection.
