How India Handles Online Privacy and Surveillance
India's privacy landscape is defined by a fundamental tension: the constitutional right to privacy (established as fundamental in Justice K.S. Puttaswamy v. Union of India, 2017), and a state with extensive surveillance capabilities and broad legal authorities to access private data. The Puttaswamy judgment — a nine-judge Constitution Bench ruling — held that privacy is an intrinsic component of life and liberty under Article 21; it is not absolute and can be restricted by law that is proportionate to a legitimate state aim and procedurally sound. This constitutional foundation informed the DPDPA 2023; it also provides the framework for evaluating the legality of India's surveillance architecture — telephone interception, internet surveillance, CCTV networks, Pegasus spyware deployment, and the proposed NATGRID (National Intelligence Grid) data aggregation system. Representational Image: How India Handles Online Privacy and Surveillance India's lawful interception frame...