Abstract

The issue of surveillance law in India and its limitations has gained traction after the recent Pegasus incident where an Israeli-developed malware called Pegasus was used to target and steal information from the phones of several individuals. Reports claim that the software surveyed approximately 1,400 phones worldwide. This incident along with many other instances has raised concerns among citizens regarding unauthorized surveillance and breach of cyber security. This paper highlights and analyses the regulatory legislation regarding surveillance laws in India. The two main provisions are the Information Technology Act, 2000 and the Indian Telegraph Act, 1885. The paper discusses the threat such unauthorized surveillance poses to the right to privacy which is enshrined under Art.21 of the constitution. The capacity of the government surveillance as per the license agreements. The paper also analyzes the recent judgments of courts regarding surveillance and the proposed Personal Data Protection Bill, 2019. The paper finally discusses ways to improve the inadequate data protection policy.

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