The Central Government has recently announced that while the right to privacy is a fundamental right, this can be overridden for justifiable State purposes. The announcement was in response to a petition aiming to permanently end the government’s surveillance projects known as the Centralized Monitoring System (CMS), Network Traffic Analysis (NETRA) and National Intelligence Grid (NATGRID).
Details on the Centre’s Surveillance Projects
The Centralised Monitoring System or CMS, one of the key surveillance projects initiated by the government, is designed for lawful interception and monitoring of communication through mobile phones, landlines, and internet traffic carried over mobile networks.
Similarly, NETRA, or Network Traffic Analysis, is another such effort by the Indian Government aimed at scanning suspicious keywords from network messages.
First conceptualised in 2009, the National Intelligence Grid (NATGRID) aspires to serve as a centralized repository for security and intelligence agencies to access databases relating to immigration, banking and telecommunication details of potential threats in a secure manner.
Petitioner’s Arguments Against the Surveillance
The litigant argues that the government’s surveillance projects enable them to unlawfully intercept, store, analyse and retain communication data, thus violating the sacred right to privacy. The systems are believed to provide the government with complete surveillance over all citizens, including holders of judiciary positions.
The petitioner has demanded the establishment of a permanent and independent supervising authority, of judicial or parliamentary stature, for authorizing and reviewing interception and monitoring orders as per the Telegraph Act, 1885 and the IT Act, 2000.
The Government’s Counterarguments
In defense, the government stated that lawful interception, monitoring or decryption of any messages stored in computer resources is conducted strictly by authorized agencies following due approval from competent authorities. The government negated the possibility of blanket permission to any agency for interception, monitoring or decryption and clarified that the Union Home Secretary’s approval is necessary in each case.
Additionally, they argued that the threat from terrorism, radicalisation, cross-border terrorism, cybercrime, and other organized crimes necessitate a robust mechanism for the collection and processing of actionable digital intelligence.
Discussion on the Right to Privacy
Privacy is generally equated with the right to be let alone. In a landmark decision in the K.S. Puttaswamy v. Union of India case in 2017, the Supreme Court described the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.
However, it stipulated that this right may be restricted by state action, subject to three conditions: legislative mandate, pursuit of a legitimate state purpose, and the proportionate nature of such action.
Government Measures to Protect Privacy
In order to safeguard individual privacy, the government has taken several steps such as drafting the Personal Data Protection Bill 2019. This bill governs the processing of personal data by both government and private entities.
Additionally, the government constituted the B N Srikrishna Committee to address data protection issues, which submitted its report in July 2018. Lastly, the Information Technology Act, 2000 provides safeguards against data breaches and unauthorised use of computers, computer systems, and the data stored within.