Navigating Surveillance Monitoring in India: Reconciling National Security Imperatives With Individual Privacy Rights

DOI

10.2991/978-2-38476-426-6_23How to use a DOI?

Keywords

Surveillance; National Security; Privacy; Legal; Fundamental; Individual

Abstract

Surveillance and national security have historically held significant importance in India, shaped by the nation’s experiences with invasions and conflicts. The discourse surrounding surveillance, national security, and individual privacy in India is intricate and multifaceted. The legal and regulatory framework has evolved through a combination of legislative measures, judicial decisions, and societal perspectives, aiming to achieve a balance between safeguarding privacy rights and fulfilling national security obligations. This ongoing debate has intensified, particularly in the context of surveillance technologies. Prominent stakeholders, including legal scholars and civil society advocates, have called for enhanced privacy protections and increased transparency regarding government surveillance activities. Proponents of expanded surveillance capabilities argue that such measures are essential for addressing security threats, including terrorism and organized crime. Conversely, critics stress the necessity of constraining governmental surveillance powers to avert potential abuses and to uphold individual freedoms. The introduction of the Information Technology Act and its subsequent amendments have sought to address the challenges posed by emerging technologies; however, concerns persist regarding potential privacy infringements and the misuse of authority, particularly in light of the government’s extensive powers under this legislation. The Supreme Court’s recognition of the right to privacy as a fundamental right has prompted demands for more stringent legal protections. It is imperative to strike a balance between national security and privacy rights, ensuring that surveillance practices are conducted with transparency and accountability. As India navigates this complex landscape, future developments will be shaped by legal reforms, technological progress, and shifting societal attitudes. The ongoing discussions will continue to influence the nation’s approach to surveillance and national security, emphasizing the need to reconcile public interest with individual privacy. Engagement in constructive dialogue among policymakers, legal experts, and the public is essential to safeguard citizens’ fundamental rights and liberties while addressing national security concerns. By taking into account historical contexts and diverse viewpoints, India can cultivate a more ethical framework for surveillance that respects both security imperatives and individual rights.

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.

Download article (PDF)

TY  - CONF
AU  - Shibayan Chattopadhyay
PY  - 2025
DA  - 2025/06/06
TI  - Navigating Surveillance Monitoring in India: Reconciling National Security Imperatives With Individual Privacy Rights
BT  - Proceedings of the National Seminar on Enhancing Privacy Protection in the Digital Age: Legal Challenges & Innovations (NSEPPDA 2025)
PB  - Atlantis Press
SP  - 482
EP  - 510
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-426-6_23
DO  - 10.2991/978-2-38476-426-6_23
ID  - Chattopadhyay2025
ER  -