DIGITAL RIGHTS VS. NATIONAL SECURITY: BALANCING PRIVACY AND SURVEILLANCE IN THE ERA OF MASS SURVEILLANCE AND CYBER THREATS

AUTHOR – ADISHREE SAKHARE, STUDENT AT MAHARASHTRA NATIONAL LAW UNIVERSITY AURANGABAD

Best Citation – ADISHREE SAKHARE, DIGITAL RIGHTS VS. NATIONAL SECURITY: BALANCING PRIVACY AND SURVEILLANCE IN THE ERA OF MASS SURVEILLANCE AND CYBER THREATS, ILE FORTNIGHTLY REVIEW (ILE FN), 1 (2) of 2023, Pg. 9-20, APIS – 3920 – 0035 | ISBN – 978-81-964391-3-2.

Abstract

This article explores the complex dynamics between digital rights and national security in the context of mass surveillance and increasing cyber threats. It provides a comprehensive analysis of the historical context of surveillance practices, the impact of technological advancements on government surveillance capabilities, and the legal frameworks governing surveillance and privacy. The article delves into the controversial mass surveillance programs implemented worldwide, examining their justifications, scope, and potential infringements on privacy. It also highlights the growing concerns over cyber threats and their implications for national security, discussing the need for effective surveillance measures while considering the potential consequences on digital rights, freedom of speech, privacy erosion, and marginalized communities.

Furthermore, the article evaluates oversight mechanisms and accountability frameworks to ensure that surveillance activities align with legal and ethical standards. It explores international perspectives and draws on case studies from various jurisdictions, emphasizing the importance of transparency, independent oversight, and international cooperation. Technological solutions are also discussed, including encryption, privacy-enhancing technologies, and transparency measures, which aim to strike a balance between privacy and national security. The article concludes by providing a future outlook, emphasizing the importance of legal reforms, global cooperation, public awareness, and ethical considerations in finding a harmonious equilibrium between digital rights and national security in an ever-evolving digital landscape.

Overall, this article offers a comprehensive analysis of the complexities involved in balancing digital rights and national security. It aims to foster a deeper understanding of the challenges and trade-offs inherent in surveillance practices, promoting informed discussions and active participation in shaping the future of surveillance policies and practices while safeguarding individual privacy and protecting national security interests.

Keywords: Technology, Digital Rights, Surveillance, Privacy, National Security, Legal Framework.