Digital Privacy Vs National Security: A Constitutional Analysis
- IJLLR Journal
- Mar 29
- 1 min read
Deona Lita Dsouza, SDM Law College, Mangalore
ABSTRACT
The rapid digitalization of governance and society in India has significantly changed the relationship between individual rights and State power. The rise of surveillance technologies, claimed to be for national security, has increased worries about privacy, autonomy, and dignity. This article draws on Indian legal scholarship and constitutional law to explore the growing tension between digital privacy and national security. It examines how the view of privacy as a fundamental right has shifted, especially after the case of Justice K.S. Puttaswamy v. Union of India. It also assesses whether India's legal framework for surveillance and data protection is adequate. The article argues that while national security is a valid constitutional goal, the lack of strong safeguards and oversight may weaken democratic values and the rule of law. It concludes by promoting a proportionality-based constitutional approach that balances privacy and security.
Keywords: Digital Privacy, National Security, Surveillance, Constitutional Law, India, Data Protection, Fundamental Rights, Cyber Law.
