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In the digital era, balancing national security with individual privacy rights is increasingly complex, particularly in India, where the expansion of mass surveillance technologies raises significant concerns. The Indian government's new mass surveillance initiatives pose a serious threat to the right to privacy. With large-scale interception of communications, keyword tracking, and easy access to users' data, these systems raise alarming concerns—especially since India’s existing privacy safeguards are already inadequate for even targeted surveillance. When expanded to mass surveillance, the risks become far greater, potentially undermining the foundations of democracy. The widespread collection of vast amounts of personal data, enabled by advanced technology, leaves this information vulnerable and poorly protected. This paper explores the relationship between privacy rights and government surveillance in India, shedding light on the dangers of unchecked mass surveillance. By examining India's privacy jurisprudence and the principles guiding it, the paper assesses whether current legal protections can withstand the challenges posed by mass surveillance. It also highlights the potential harms that could arise if such surveillance continues without proper oversight. This research examines the tension between enhancing national security through advanced surveillance measures and protecting citizens' privacy rights. By analyzing legal frameworks such as the Information Technology Act and the Digital Personal Data Protection Act, alongside landmark judicial rulings like K.S. Puttaswamy vs. Union of India (2017), the study highlights how India's legal system attempts to navigate this balance. Surveillance technology plays a crucial role in strengthening security, enhancing public safety, improving resource management, and supporting emergency response efforts. However, it also raises serious concerns about privacy violations, potential misuse, discrimination, and a lack of transparency and accountability. This paper underscores the need for a balanced approach—one that leverages the benefits of surveillance while ensuring individual rights are protected. It highlights the importance of strong legislation, public awareness, technological safeguards, and collaborative efforts to create responsible surveillance frameworks. Additionally, the paper examines how surveillance practices vary across the world, considering cultural and societal factors, as well as the complexities of cross-border data sharing.
Ultimately, it calls for a thoughtful and ethical approach to the future of surveillance technology—one that prioritizes both security and personal privacy while safeguarding social values and democratic principles.
Keywords:
National security, Privacy rights, Mass Surveillance, Personal data, Principles
Cite Article:
"Surveillance in India and Its Privacy Challenges in the Digital Age: A Legal and Constitutional Analysis", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 3, page no.a651-a656, March-2025, Available :http://www.ijrti.org/papers/IJRTI2503083.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator