The legal landscape of India’s surveillance framework is a bit complex; it is governed by Telegraph Act, 1885 for wiretapping and the Information Technology Act, 2000 for electronic surveillance. The notification directly contravenes the privacy judgment (2017) of the Supreme Court which upheld the right to privacy as a fundamental right. It was imperative that Section 69 of the Information Technology Act should have been junked immediately after the privacy judgment. In fact, the dichotomy of national security and surveillance reflects a fundamental tension – between security and freedom endangering the cherished value of individual freedom. The Government must consider information privacy as an attainable right rather than a privilege given by the Constitution.

Source: dna January 09, 2019 01:41 UTC