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Post-Puttaswamy, Indian courts have required that surveillance activities (phone tapping, internet monitoring) comply with procedural safeguards including judicial oversight, proportionality assessment, and transparency to protect right to privacy under Article 21.
- True
- False
Answer: True
Privacy and surveillance safeguards: (a) Puttaswamy (2017): Recognized informational privacy as part of Article 21; state surveillance subject to proportionality test, (b) Procedural safeguards required: (i) Judicial oversight: Warrants, review mechanisms for surveillance activities, (ii) Proportionality assessment: Surveillance must pursue legitimate aim (security, crime prevention), be rationally connected, necessary, balanced, (iii) Transparency: Publication of policies, oversight reports, redressal mechanisms, (c) Applications: (i) Phone tapping: Telegraph Act, IT Act provisions require authorization, review, limits on duration/scope, (ii) Internet monitoring: Anuradha Bhasin (2020) required publication of shutdown orders, time-bound restrictions, judicial review, (iii) Data protection: DPDP Act, 2023 regulates state/corporate data collection, use, with consent, purpose limitation, security safeguards, (d) Challenges: (i) National security: Balancing privacy with legitimate security needs, (ii) Technological capacity: Ensuring safeguards keep pace with surveillance technologies, (iii) Awareness: Citizens informed about surveillance powers, rights, redressal, (e) Illustrates adaptive constitutionalism: Applying enduring privacy values to emerging surveillance contexts; proportionality ensures calibrated balancing of rights vs. state interests.