DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS

“Privacy is not an option, and it should not be the price we accept for just getting on the Internet.[1].” These words by technology expert Gary Kovacs highlight the growing concerns relating to privacy in this digital age. Privacy is a fundamental human right that allows an individual to live free from unwarranted public attention and interference.

On the other hand, there is ‘Digital Surveillance’, the process of monitoring, analyzing, and collecting data relating to the virtual activities of individuals like online communications, social media usage, patterns, behaviors, etc. In this digital era, the internet and technology are growing rampantly and have become an important aspect of almost all spheres of life. This technology is also being used for surveillance by government agencies for various purposes like prevention of crime, national security, etc., and even private entities collect individuals’ data for running advertisement campaigns, preventing fraud, etc. However, such practices also raise concerns about individuals’ privacy as they violate the Right to Privacy, which, although not explicitly mentioned, has been recognized as an integral part of Article 21 of the Indian Constitution.

Now, as the popular saying goes, “Excess of anything is bad.” While unchecked surveillance violates privacy rights, absolute privacy can also be misused. Thus, there is a need for a perfect balance between the surveillance and the privacy laws so that the misuse of any of these laws be checked.

This paper examines the relationship between digital surveillance and privacy laws in India, assessing the effectiveness of existing legal provisions and their ability to balance security needs with individual freedoms. It also explores judicial perspectives, policy gaps, and potential reforms inspired by international best practices to strengthen privacy protection in the Indian context.