Digital Surveillance Vs. Privacy Rights: Constitutional Limits Post-Puttaswamy
- IJLLR Journal
- 7 days ago
- 1 min read
Manish Kumar, Research Scholar, School of Law, Bennett University, Greater Noida
ABSTRACT
The landmark judgement of Justice KS Puttaswamy (Retd) v Union of India (2017) by the honourable Supreme Court of India has revamped the constitutional jurisprudence in the country by elevating the right to privacy to a fundamental right guaranteed under Part III of the Indian Constitution. However, the rapid growth of digital surveillance, strengthen by the Information Technology Act 2000 and the Digital Personal Data Protection (DPDP) Act 2023, has created a conflict between state security and individual autonomy. The present paper seeks to examine the "proportionality test" as the definitive constitutional limit on state surveillance, arguing that while the legal framework exists, executive exemptions and a lack of judicial oversight continue to threaten the "privacy of the soul."
Keywords: Right to Privacy, Proportionality test, DPDP Act 2023, IT Act 2000.
