The Right To Privacy In The Age Of Surveillance
- IJLLR Journal
- Mar 19
- 2 min read
Akash Shukla, B.A. LL.B. (H), Amity Law School, Lucknow, AUUP
Dr. Reshma Umair, Associate Professor, Amity Law School, Lucknow, AUUP
ABSTRACT
The right to privacy has become one of the most critical legal and constitutional concerns in the modern digital era, reflecting the tension between individual autonomy and state authority. This paper examines the evolution, scope, and contemporary relevance of the right to privacy in the context of pervasive surveillance technologies, including digital tracking, social media monitoring, biometrics, facial recognition, and large-scale governmental data collection programs. With the recognition of privacy as a fundamental right under Article 21 of the Constitution of India in Justice K.S. Puttaswamy v Union of India1, privacy has acquired constitutional significance beyond mere statutory interpretation, encompassing personal autonomy, informational control, and protection from arbitrary intrusion. The study analyzes how traditional legal frameworks and judicial interpretations have struggled to address challenges posed by rapid technological advancement and explores comparative perspectives from the European Union’s General Data Protection Regulation (GDPR) and United States Fourth Amendment jurisprudence. In addition to theoretical foundations, the paper critically evaluates the impact of surveillance on civil liberties, human rights, and democratic governance. The analysis highlights the dual challenge of reconciling national security imperatives with individual rights and the need for robust institutional, legislative, and technological mechanisms to safeguard privacy. Drawing on legal doctrines, case law, scholarly literature, and policy documents, the study concludes that the right to privacy is a dynamic principle requiring continual adaptation to new technologies, legal reforms, and social expectations to ensure that the rule of law and fundamental freedoms are preserved.
Keywords: Right to Privacy, Surveillance, Digital Governance, Article 21, Fundamental Rights, Judicial Oversight, GDPR, Data Protection, Civil Liberties, Democratic Governance.
