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Balancing Digital Surveillance And Privacy Rights In India: Challenges And Solutions




Kaustuva Vikash Nath, LLM, Christ University Bangalore


ABSTRACT


The global uptake of digital surveillance technology has altered governance, security, and privacy frameworks. In the twenty-first century, the digital revolution has taken off, and India is not an exception to this new trend. Concerns over the potential impact of surveillance technologies on people's right to privacy have arisen due to the rapid adoption of these technologies in India, including data analytics, CCTV cameras, facial recognition software, and telecommunications interception. In the context of India, this paper critically examines the interactions between digital surveillance and privacy rights. It analyses how laws are evolving, looking at the issues raised by surveillance technology, assesses the impact these have on human rights and privacy, and provides comprehensive solutions to find a middle ground between robust privacy safeguards and effective monitoring techniques. Digital surveillance in India is governed by a fragmented and complex legal framework. This study examines how well-suited the current legal frameworks are to address issues like transparency, accountability, and supervision that arise from digital monitoring. Furthermore, the effects of digital surveillance on society go beyond legal and regulatory frameworks and involve broader ethical discussions. The public's perception of individual autonomy and public trust in institutions are impacted by the use of surveillance technology, which has implications for social justice, democratic governance, and freedom of speech. To develop procedures and policies that strike a balance between the protection of fundamental rights and security concerns, it is imperative to understand these implications. It offers recommendations for enhancing privacy protections, strengthening regulatory oversight, promoting transparency in monitoring practices, and increasing public awareness of privacy rights. Ultimately, our research bolsters a complete approach that strikes a balance between the benefits of digital surveillance and the need to uphold democratic principles and individual privacy in India's evolving digital landscape.


Keywords: Digital surveillance, technology, privacy rights, India, legal framework etc

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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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