Data Protection and State Surveillance: A Critical Analysis of India's Legal Framework

Abstract

India's legal framework for data protection and state surveillance is at a critical juncture, influenced by constitutional developments, technological advancements, and the competing demands of national security and individual privacy. The past decade has seen significant changes, notably the Supreme Court's recognition of privacy as a fundamental right and the enactment of the Digital Personal Data Protection Act, 2023. However, the balance between data protection and state surveillance remains contentious, highlighting the inherent tensions between individual autonomy and state power in the digital age. This paper critically analyzes India's data protection and surveillance regime. It examines the constitutional foundations, statutory frameworks, institutional mechanisms, and practical implications of this regime. The analysis aims to assess how adequately it safeguards fundamental rights and ensures democratic accountability.In summary, the paper provides a critical examination of India's evolving legal and institutional mechanisms concerning data protection and state surveillance, emphasizing the ongoing challenges in balancing individual privacy with state interests in an increasingly digital society.