Abstract

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.

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