SURVEILLANCE LAWS AND PRIVACY CONCERNS

Abstract

India's surveillance framework is a complex tapestry woven from various laws, regulations, and judicial pronouncements, reflecting a historical emphasis on national security and public order. The legal basis for surveillance primarily stems from the Indian Telegraph Act, 1885, and the Information Technology Act, 2000, legislation that predates the digital revolution and lacks comprehensive provisions to address modern surveillance challenges. Section 5 of the Indian Telegraph Act empowers the government to intercept messages during public emergency or in the interest of public safety, a provision that has been broadly interpreted and frequently invoked.