State Surveillance in the Digital Age: Balancing the Imperatives of Criminal Justice With the Protection of Privacy and Human Rights

The paper, “State Surveillance in the Digital Age: Balancing the Imperatives of Criminal Justice with the Protection of Privacy and Human Rights,” examines the growing use of digital surveillance technologies such as CCTV, communication interception, location tracking, facial recognition, biometric systems and digital evidence in India. It studies how these technologies assist criminal investigation, crime prevention and public safety while also creating concerns regarding privacy, personal liberty, dignity and other human rights. The paper analyses the constitutional and legal framework governing State surveillance, with particular emphasis on the right to privacy recognised in Justice K.S. Puttaswamy (Retd.) v. Union of India and procedural safeguards concerning surveillance. It also reviews existing academic literature, identifies gaps in the Indian legal and technological framework, and discusses principles such as legality, necessity, proportionality, authorisation, oversight and accountability. In addition to doctrinal legal research, the paper incorporates an empirical questionnaire containing 13 questions to examine public awareness and perceptions regarding State surveillance, its usefulness in criminal justice, privacy concerns, government monitoring, data retention and the need for stronger safeguards and independent oversight. The paper ultimately brings together the legal, technological and public-perception dimensions of State surveillance and considers how criminal-justice objectives can be pursued while maintaining appropriate protection for privacy and human rights.