Right to Privacy in the Age of Mass Surveillance by the State
- DOI
- 10.2991/978-2-38476-515-7_9How to use a DOI?
- Keywords
- Privacy; Fundamental Right; Surveillance; Constitution; Supreme Court
- Abstract
The right to privacy has been the most debatable constitutional question of the twenty first century particularly with the increased State surveillance. The Constitution provides no privacy protection, but then the Supreme Court has increasingly implied it into Article 14, Article 19, and Article 21 of the Constitution to create what has come to be termed as the golden triangle of constitutional guarantees. Early cases like A.K. Gopalan v State of Madras (1950) and Kharak Singh v. State of U.P. (1962) had provided an extremely narrow definition of liberty and privacy, but the later decisions in Gobind v. State of M.P. (1975) and People's Union for Civil Liberties v. Union of India (1997) established the foundation for a wider concept of the right of a person to be free from excessive state intervention. The reach breaking came the day the Supreme Court gave its historic ruling in Justice K.S. Puttaswamy v. In Union of India (2017), a nine-judge court bench said in a unanimous decision that privacy was a key right that was part of the right to life and personal freedom.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Ikram Ul Haque AU - Sayed Murtaza Ali Jafri AU - Tausif Ur Rehman PY - 2025 DA - 2025/12/26 TI - Right to Privacy in the Age of Mass Surveillance by the State BT - Proceedings of the International Conference on Law and Technology (ICLT 2025) PB - Atlantis Press SP - 87 EP - 98 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-515-7_9 DO - 10.2991/978-2-38476-515-7_9 ID - Haque2025 ER -