Impact Of Surveillance Laws On Privacy Rights In India
- IJLLR Journal
- 21 hours ago
- 1 min read
Manjari Vaishnav, BA LLB, Bharati Vidyapeeth (Deemed to be University), New Law College, Pune.
ABSTRACT
This paper examines how the legal regime of surveillance is transforming worldwide and encroaching upon the very foundation of the right to privacy in India. The spread and increasing reach of digital technologies and surveillance have exposed the weaknesses and challenges of the Indian legal system. Using three major statutory instruments, namely the Indian Telegraph Act 1885, Information Technology Act 2000, Aadhaar Act 2016, and Digital Personal Data Protection Act 2023, this article analyzes the conflict between state interests in national security and individuals' right to privacy, as established in Justice K.S. Puttaswamy v. Union of India. It discusses operational practices, judicial interventions, upcoming technologies like "spyware” and face recognition, and the current lack of effective regulation. Additionally, it provides an international perspective, comparing values with other foreign laws and India’s practices. The panel also highlights critical areas requiring urgent attention. It offers several recommendations, including revising statutes, establishing independent regulatory agencies, and empowering the judiciary to exercise greater oversight. Furthermore, it emphasizes the importance of comprehensive public consultation before rights guaranteed in the constitution are upheld in the digital era.
Keywords: Surveillance, Privacy Rights, India, Legislation, Digital Governance.
