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The Right To Privacy In The Age Of Surveillance




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.



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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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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