Implications of surveillance
• Freedom of speech curtailed – journalists or dissidents who have
criticised the government – targeted.
• Faulty refuge under Statues – Indian Telegraph Act, 1885; section 69 and the
Interception Rules of 2009 under Information Technology (IT) Act, 2000.
Statutes provide way for surveillance, no protections to the surveilled.
Even the opaque laws don’t provide for surveillance
Hacking is a criminal offence under the IT Act.
• Threatens the separation of powers
Judiciary can effectively over see and curtail such
powers being misused.
Laws provides no scope for an individual subjected
to surveillance to approach a court of law.
• Surveillance system impacts the right to privacy under Art. 21 – reiterated in K.S. Puttaswamy (Retd) v.
Union of India (2017) case.
• Impacts exercise of freedom of speech and personal liberty under Art. 19 of the Constitution.
• Mass surveillance – risk of concentration of powers
with the executive.