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India’s Digital Panopticon: Interception, Surveillance, And Privacy




Akshat Shrivastava, B.B.A. LL.B. (Hons.), Babasaheb Bhimrao Ambedkar University, Lucknow


ABSTRACT


The Panopticon was designed by Bentham as a structure where the guards can watch the prisoners constantly without the prisoners knowing when they are being watched. While the original Panopticon was a physical structure, the modern world has witnessed its evolution into a digital Panopticon that is far more pervasive and potent. This article explores some of the surveillance tools that make up India’s modern day digital panopticon. The article explores the use of spyware, central monitoring system, and facial recognition technology for surveillance of citizens. The article further explores the legal aspects in relation to such surveillance methods including the lack of proper oversight and privacy issues. It critically analyzes how these surveillance methods, owing to the absence of strict privacy laws in India, present a potential threat to individual rights, civil liberties, dissent, and democratic values. The article then concludes with highlighting some suggested improvement.


Keywords: Surveillance, Interception, Privacy, Panopticon, Section 5(2), Telegraph Act, Section 69, IT Act, Central Monitoring System, Facial Recognition Technology, KS Puttaswamy



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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