A narrow definition of privacy entails “the condition or state of being free from
public attention to intrusion inter or interference with one’s acts or decisions.”
Whereas invasion of privacy means “An unjustified exploitation of one’s
personality and intrusion into one’s personal activities.”
The institution that plays the most important role in ensuring the privacy amongst
citizens is the government
With it to be considered as a fundamental right, it becomes a basic obligation of the
government to protect citizens rights. And to protect and secure its citizens against
any form of threat. National security is essential for safeguarding a nation and its
citizens from various threats, including terrorism, cyberattacks, espionage, and
other forms of aggression. Preventing and responding to security threats is a
priority.
However, the opposition would love to attack with the statement that it is
“A government’s role is to address concerns about data safety, protection from
unauthorised interception, surveillance, use of personal identities and bodily
privacy”.
India, like many other countries, has actively been working to find a balance
between online privacy and national security. Several measures and policies are
already in place or being developed to address these concerns. Such as The
Personal Data Protection Bill, of 2019, was introduced in the Indian Parliament and
aimed to regulate the processing of personal data while also addressing concerns
related to privacy.
The government also took steps to strengthen the security of Aadhaar data and
introduced safeguards to protect citizens' privacy.
India which has faced a persistent threat of terrorist attacks since gaining
independence and is susceptible to insurgencies conducted by unfriendly
neighboring nations, has a compelling need to establish a well-balanced
surveillance system. This system primarily focuses on targeted monitoring to
safeguard national sovereignty, security, and integrity. Surveillance has played a
role in enhancing national security in India by providing government and law
enforcement agencies with tools and capabilities to monitor, gather intelligence,
and respond to potential threats. This is critical for preventing illegal border
crossings, smuggling, and infiltration by hostile elements.
Now lets take a very simple eg to understand this very intricate and complex
argument
First, it’s important to explain that there are legal routes to surveillance that can be
conducted by the government. The laws governing this are the Indian Telegraph
Act, 1885, which deals with interception of calls, and the Information Technology
(IT) Act, 2000, which deals with interception of data. Under both laws, only the
government, under certain circumstances, is permitted to conduct surveillance, and
not private actors. When you are away from home there might always be a worry
that something might happen. (its human tendency to…)
Especially for parents, thoughts of your family’s condition or how your kids are
doing with the babysitter might be weighing heavy on your mind. Surveillance,
especially indoor security cameras, help to provide peace of mind when away from
home by giving the mother or father the ability to make checkups as frequently as
needed. Furthermore, when you own a larger plot of land or multiple pieces of
property, securing the perimeter or general location becomes much easier. Now put
this in perspective of the nation YOU ARE THE PARENT AND YOUR
COUNTRIES SOVERIGNITY IS YOUR BABY. Would u willingly put ur
babies protection at stake?
India's CCTV camera coverage has grown rapidly over the years. CCTV cameras
reduce crime, and (ON THE BRIGHT SIDE) the public finds the presence of
these cameras reassuring. In a survey conducted by Lokniti-Centre for the Study of
Developing Societies in August 2022 in 12 States, more than three-fourths of the
respondents supported installing CCTV cameras at the entrance of their homes.
“Privacy isn’t negotiable, it’s every person’s right.”
BUT neither is national security it is every INNOCENT persons
life.
Q AND A
Consti protects the right to privacy as enshrined in articles 14, 19 &21.
Restrictions to the fundamental right to privacy certainly exist, noted by the Supreme
Court in multiple instances: restriction by a just, reasonable, and fair procedure
established by law[8] is valid, as is restriction due to an important counteracting interest
which is either superior or if there is a compelling state interest that must be served [9];
further, a person voluntarily entering controversy may not be able to avail the
protection of the right to privacy.
Thus, the gray area that exists in maintaining a just balance between instances which
require surveillance and the right to privacy - particularly in terms of private
communication - is clear.
Privacy enjoys a robust legal framework internationally. Article 12 of the Universal
Declaration of Human Rights, 1948 and Article 17 of the International Covenant
on Civil and Political Rights (ICCPR), 1966, legally protect persons against
“arbitrary interference” with one‟s privacy, family, home, correspondence, honour
and reputation.
The protection of personal data is enshrined under the Right to Privacy, which is assured under
Article 21 of the Constitution of India which states the right to life and personal liberty thus
confirming it as a fundamental right which must be protected while engaging in necessitated
surveillance.
