Impact Of Surveillance Laws On Privacy Rights In Digital India
- IJLLR Journal
- Dec 26, 2025
- 2 min read
M Kalaivani, Guest Lecturer, Government Law College, Vellore
ABSTRACT
The rapid expansion of digital technologies in India has transformed governance, communication, and public administration, but it has also intensified debates surrounding privacy and state surveillance. With the increasing use of systems such as the Central Monitoring System (CMS), NATGRID, facial recognition technologies, social-media monitoring tools, and the wide scope of interception allowed under the Telegraph Act, IT Act, and the Criminal Procedure (Identification) Act, concerns about the erosion of fundamental rights have become more urgent. This paper examines how India’s surveillance framework interacts with the constitutional right to privacy recognised in K.S. Puttaswamy v. Union of India (2017). It evaluates whether current surveillance practices meet the constitutional thresholds of legality, necessity, and proportionality. The historical development of surveillance laws in India, analyses the operational mechanisms of various surveillance systems, and examines key judicial decisions that shape contemporary privacy doctrine. Through a combination of doctrinal analysis, case-law review, and comparative evaluation, the study highlights the gaps in India’s regulatory structure particularly the absence of robust oversight, transparency requirements, or independent authorisation mechanisms. It also explores the impact of surveillance on individual autonomy, freedom of expression, behavioural privacy, and the chilling effect experienced by journalists, activists, and minority communities. A comparative analysis with the United States, United Kingdom, and European Union demonstrates that India’s legal framework lacks several safeguards that are considered essential in democratic societies. Although the Digital Personal Data Protection Act, 2023 marks a step forward, it contains broad exemptions that may legitimise excessive state surveillance. India urgently needs a rights- based, accountable, and transparent surveillance architecture to balance national security with democratic freedoms. Strengthening judicial oversight, ensuring proportionality, and adopting global best practices are essential for safeguarding privacy in Digital India.
Keywords: Privacy Rights, Surveillance Laws, Digital India, Proportionality, Constitution.
