Surveillance Technology And Data Protection: A Comparative Constitutional Analysis Of India And China In The Digital Age
- IJLLR Journal
- Jul 18
- 1 min read
Indira Chakraborty, Shyambazar Law College affiliated with the University of Calcutta.
ABSTRACT:
The proliferation of surveillance technologies in the digital era presents profound challenges to the constitutional fabric of democratic societies, necessitating a delicate equilibrium between national security imperatives and fundamental privacy rights. This article undertakes a comprehensive comparative analysis of surveillance regimes in India and China, examining the constitutional, statutory, and regulatory frameworks governing digital surveillance and data protection. Through doctrinal analysis and comparative methodology, this study evaluates the Digital Personal Data Protection Act, 2023, in India against China's tripartite data governance structure comprising the Cybersecurity Law, Data Security Law, and Personal Information Protection Law. The research reveals significant constitutional divergences in approaching surveillance technology governance, with India's rights- based framework contrasting sharply with China's state-centric surveillance apparatus. The analysis demonstrates that while both jurisdictions grapple with technological advancement and security concerns, their constitutional foundations and implementation mechanisms differ substantively, creating distinct implications for individual liberty, democratic governance, and the rule of law. The article concludes with recommendations for strengthening India's surveillance governance framework while preserving constitutional values and democratic principles.
Keywords: Surveillance Technology, Data Protection, Constitutional Law, Privacy Rights, Comparative Law, Digital Governance
