National Security vs. Right to Privacy: A Conflict of Interests

  • Pushya Chhabria and Hiya Gandhi
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  • Pushya Chhabria

    Student at Kirit P. Mehta School of Law (NMIMS), Mumbai, India.

  • Hiya Gandhi

    Student at Kirit P. Mehta School of Law (NMIMS), Mumbai, India.

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Purpose: This study highlights the grey area between national security and the individual right to privacy. Research implications: This research offers a preliminary understanding of the proportionality between the right to privacy of an individual and Government surveillance for national security purposes. Findings: The primary reason behind the existence of grey areas between national security and individual right to privacy is the unclear laws that regulate our nation. WhatsApp filed a petition before the Delhi High Court, contending the intrusion of the Indian Government to trace the originator of a particular message, could severely hamper the fundamental rights of the citizens. This would not have happened if India had proper laws and legislations that governed data protection and the right to privacy. Originality and value: This article also provides action-based solutions to eliminate grey areas in the field of surveillance. Aarogya Setu, Pegasus and other real situations have been analysed in this study.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1107 - 1112


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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