·The Hindu·15 marks·250–350 words

Privacy versus security is a recurring dilemma in modern governance. Discuss with reference to recent global controversies over mass surveillance technologies.

In this answer
  1. Why states expand surveillance
  2. The privacy costs — recent controversies

In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held privacy to be a fundamental right under Article 21, yet not absolute — restrictions must satisfy legality, necessity and proportionality [1]. Recent global controversies over mass surveillance show that technology is outpacing precisely these safeguards.

Why states expand surveillance

  • Crime prevention and detection: networked plate-reader cameras automatically check vehicles against police watchlists and national criminal databases, promising faster recovery of stolen cars and missing persons [2].
  • Women's safety and urban policing: India's Safe City projects in eight metros, funded through the Nirbhaya Fund, rest on CCTV grids, smart lighting and command centres [3]; the NCRB's Automated Facial Recognition System was approved to identify criminals, missing children and unidentified bodies [4].

The privacy costs — recent controversies

  • Function creep: US Flock Safety cameras, bought by local police for ordinary law enforcement, became a de facto nationwide tracking grid later tapped for federal immigration enforcement, provoking city councils to cancel contracts [5].
  • Chilling effect: comprehensive records of everyone's movements are collected without suspicion, inverting the presumption of innocence [2].
  • Global pattern: the UN High Commissioner for Human Rights (A/HRC/48/31, 2021) flagged intrusive hacking tools and blanket monitoring of public spaces as incompatible with human rights standards [6].
  • Accountability deficit: private vendors now own public-security infrastructure, escaping audit and legislative sanction, while the DPDP Act, 2023 allows the Centre to exempt State instrumentalities from its obligations [7].

The dilemma is real but not zero-sum: security is itself a condition for the free exercise of liberty. The way forward lies in operationalising Puttaswamy's proportionality test through statutory authorisation for each surveillance tool, purpose limitation and data-retention caps, independent oversight with periodic audits, and municipal-level public consultation before procurement. A surveillance architecture that is legal, necessary and accountable serves both Article 21 and SDG 16's promise of just, transparent institutions.

Sources

  1. 1Justice K.S. Puttaswamy (Retd.) v. Union of India, judgment dated 24 Aug 2017, Supreme Court of Indiaprivacy as a fundamental right; proportionality test
  2. 2ACLU, "How to Pump the Brakes on Your Police Department's Use of Flock's Mass Surveillance License Plate Readers"ALPR checks against police/NCIC watchlists; suspicionless movement records
  3. 3PIB, "Safe City Projects" (Ministry of Home Affairs)Safe City scheme in eight metros under the Nirbhaya Fund
  4. 4PIB, "Automated Facial Recognition System will facilitate better identification of criminals…" (2020)NCRB AFRS approval and stated purposes
  5. 5ACLU, "I'm Hearing About More Pushback Against Flock, Fueled by Concern Over Anti-Immigrant Uses"function creep to immigration enforcement; municipal contract cancellations
  6. 6OHCHR, A/HRC/48/31, "The right to privacy in the digital age" (2021)intrusive hacking tools and monitoring of public spaces
  7. 7The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), via PRS Legislative Researchexemptions available to State instrumentalities

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