Macro/Finance Group, NIPFP

Widespread adoption of modern technologies and reduced storage and computing costs have transformed the surveillance capabilities of intelligence and law enforcement agencies. This brings with it heightened concerns around the privacy implications for individuals, prompting an urgent need to reassess the current legal framework governing the state's surveillance activities.

This paper analyses the existing framework on surveillance in India in light of the Supreme Court verdict in the Puttaswamy case and globally recognised principles and practices. Based on this analysis, we recommend the way forward in terms of adopting a risk-based approach towards surveillance and building appropriate legal protections to govern the access and use of personal data by intelligence and law enforcement agencies. We also map these recommendations against the provisions contained in the report and the draft data protection law released by the Justice B.N. Srikrishna Committee on July 27, 2018.

Links

• Paper

Press

• Placing surveillance reforms in the data protection debate by Rishab Bailey, Vrinda Bhandari, Smriti Parsheera and Faiza Rahman on The Leap blog, 6^th August 2018.