Surveillance and Privacy: A Growing Concern in India
Examining the intersection of state surveillance and individual privacy rights.
1Supreme Court's Role
In August 2026, the Supreme Court addressed a public interest litigation on doxxing and deepfakes, urging Union Ministries to take remedial measures. Earlier, Rajya Sabha member A.A. Rahim petitioned against Delhi Police's use of facial recognition during protests. The court also upheld the Election Commission's Special Intensive Revision of electoral rolls, despite concerns over voter exclusion.
2Facial Recognition Use
Facial recognition technology was prominently used by Delhi Police during the Cockroach Janta Party protests at Jantar Mantar. AI-enabled smart glasses, drones, and a mobile command vehicle were deployed, with data hosted by private firms. This raised questions about the intersection of state surveillance and private data handling.
3Online Targeting
Women participating in the CJP protests faced online targeting, with personal details published alongside rape and death threats. This public identification as punishment echoes past incidents, such as the Uttar Pradesh administration's display of protesters' photographs and addresses in 2020.
4Electoral Roll Checks
The Election Commission's Special Intensive Revision of electoral rolls in Bihar began with 7.89 crore electors and ended with 7.42 crore. The Supreme Court allowed citizenship checks for electoral purposes, though it cannot decide citizenship itself. This process highlighted the impact of identity verification on voting rights.
5Privacy Jurisprudence
India's privacy jurisprudence is rooted in the 2017 K.S. Puttaswamy case, which recognized privacy as a constitutionally protected right. However, the Digital Personal Data Protection Act of 2023 allows the Union government to exempt state instrumentalities from the Act, raising concerns about privacy safeguards.
6Pegasus Spyware
The Pegasus spyware, allegedly used against journalists and activists, remains a contentious issue. A court-appointed committee in 2022 found malware in some phones but could not confirm it was Pegasus. The Union government's lack of cooperation further complicated the investigation.
7Historical Context
The state's interest in identifying individuals dates back to 1858 when British magistrate William Herschel began taking handprints on contracts. This evolved into a fingerprint classification system in Bengal. Today, technologies like Aadhaar and facial recognition continue this legacy of population identification.
8Call for Reform
The current legal landscape requires a new approach to surveillance, treating it as a diffuse act involving states, companies, and foreign vendors. Until India's privacy debate addresses this reality, constitutional protections will remain incomplete, struggling to keep pace with evolving threats.