Author: Prabhpreet Singh, student of University of Lucknow
To the Point
India is becoming more digital every day. From online payments to Aadhaar verification, everything is connected to data. While this has made life easier, it also raises serious concerns about how our personal information is collected, stored, and used.
With schemes like Digital India, the government collects large amounts of data through Aadhaar, mobile numbers, health IDs, and more. But many people don’t even know how their data is being used — or if it’s safe. The fear is not just about hackers, but about the government itself using surveillance tools without proper checks.
Privacy is a fundamental right, but when there is no strong law to protect data, that right becomes weak. People worry about being watched, tracked, or profiled — especially without their consent.
This topic questions whether India is protecting its citizens’ digital rights or quietly building a system of mass surveillance in the name of development.
Use of Legal Jargon
This issue is closely linked to Article 21 of the Indian Constitution, which protects our Right to Life and Personal Liberty. In the important case of Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court said that the Right to Privacy is also a part of this right.”
Terms like consent, data processing, profiling, surveillance, and reasonable restriction become important in this context. Without a comprehensive data protection law, like the Digital Personal Data Protection Act, 2023, being properly enforced, personal data is left exposed.
Legal concepts such as proportionality, legitimate state interest, and minimal interference are key when deciding how much surveillance is too much. Also, the difference between surveillance and lawful interception needs to be clearly defined.
The Proof
In recent years, multiple incidents have shown how vulnerable our personal data is. From the Aadhaar data leaks to the Pegasus spyware scandal, it has become clear that data collection without clear rules can lead to serious violations of privacy.
The Aadhaar project, initially meant for welfare schemes, has now become a central identity system. But it has been criticized for allowing too much data to be shared across departments, often without consent. Even the Supreme Court, in the Aadhaar judgment (2018), said that Aadhaar could not be made mandatory for services like bank accounts or mobile SIMs.
In 2019, it was revealed that Pegasus, a spyware developed by an Israeli firm, was allegedly used to monitor journalists, lawyers, and activists in India. This raised a huge question: who decides what legal surveillance is and what is spying?
The Data Protection Bill was pending for years before the DPDP Act, 2023 was passed — but many experts feel it gives the government too much power and too little accountability. Citizens have limited control over how their data is used or shared.
Abstract
This article explores the hidden risks of Digital India — especially in the area of data privacy and mass surveillance. It highlights how increased digitization without strong legal safeguards may expose citizens to misuse of their personal information. The piece focuses on constitutional rights, current laws, government initiatives, and judicial observations to assess whether India is truly balancing digital progress with individual privacy.
Case Laws
- Justice K.S. Puttaswamy v. Union of India (2017)
The Supreme Court said that the Right to Privacy is a fundamental right included under Article 21. This laid the foundation for stronger data protection and restrictions on arbitrary surveillance.
- Aadhaar Case – Justice K.S. Puttaswamy v. Union of India (2018)
The Court upheld the Aadhaar scheme but placed limits — it cannot be made mandatory for private services. It also stressed that data sharing must be based on informed consent and legal safeguards.
- People’s Union for Civil Liberties (PUCL) v. Union of India (1997)
This case dealt with telephone tapping. The Court held that surveillance without legal procedure violates the right to privacy, and set out safeguards for lawful interception.
- Pegasus Snooping Allegations (2021)
Though no final verdict yet, petitions in the Supreme Court argued that the use of spyware against Indian citizens was a breach of privacy. The Court appointed a committee to investigate, reflecting the seriousness of the issue.
Conclusion
Digital growth is important, but privacy cannot be the price we pay for convenience. Surveillance may be needed for national security, but it must follow rules, transparency, and legal checks. A citizen should never feel like they’re constantly being watched in a democracy.
India’s digital future should protect both innovation and individual dignity. A strong data protection law, independent oversight, and public awareness are necessary to ensure that the benefits of technology don’t turn into tools of silent control.
FAQ
Q1. Is privacy a Fundamental Right in India?
Ans: Yes, after the Puttaswamy judgment (2017), the Supreme Court confirmed that privacy is protected under Article 21.
Q2. Can the government legally collect our data?
Ans: Yes, but only if there is proper consent and a valid legal reason. Random or excessive collection without safeguards is not allowed.
Q3. What is the DPDP Act, 2023?
Ans: The Digital Personal Data Protection Act, 2023 is India’s new law on data privacy. It aims to regulate how data is collected, stored, and processed, but critics say it gives too much power to the government.
Q4. What was the Pegasus issue?
Ans: Pegasus is a type of spyware that was reportedly used to spy on Indian citizens. It raised concerns about illegal surveillance and lack of accountability.
Q5. What can be done to protect data privacy?
Ans: Stronger laws, clear rules for surveillance, public awareness, and independent bodies to monitor misuse are key to protecting privacy.