PRIVACY VS SECURITY
IN NEWS :
- Authorities in France have arrested Pavel Durov, the co-founder and CEO of Telegram, for “allegedly allowing a wide range of crimes due to lack of moderators on and a lack of cooperation with police.”
- The official Telegram handle on X posted, “It was absurd to hold a platform or its owner responsible for the abuse of that platform.”
Prioritizing Privacy :
Protection of Fundamental Rights: Privacy is a fundamental human right that underpins other freedoms such as freedom of expression and association. Prioritizing privacy ensures that individuals’ rights are protected and maintained, which is essential for a functioning democracy.
- Example: Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017), also known as the Right to Privacy verdict, is a landmark decision of the Supreme Court of India, which holds that the right to privacy is protected as a fundamental right under Articles 14, 19, and 21 of the Constitution of India.
Prevention of Abuse of Power: Prioritizing privacy helps prevent the misuse of surveillance and data collection by authorities. Without strong privacy protections, there is a risk of governments or agencies using their powers to infringe on civil liberties and engage in unauthorized monitoring.
- Example: Historical abuses, such as the Stasi in East Germany, demonstrate how unchecked surveillance can lead to severe violations of personal freedoms and abuse of power.
Preservation of Democratic Values: A democratic society relies on the free exchange of ideas and open debate. Prioritizing privacy helps protect these democratic values by ensuring that individuals can express themselves without fear of government surveillance or reprisal.
- Example: The chilling effect of surveillance on free speech can stifle dissent and innovation, which are critical for a vibrant democracy.
Trust in Government Institutions: Respecting privacy fosters trust between citizens and government institutions. When people believe their personal information is secure and that their privacy is respected, they are more likely to engage positively with governmental systems and cooperate with law enforcement.
Prioritizing National Security:
Protection Against Terrorist Threats: Enhanced surveillance and data collection are crucial for identifying and preventing terrorist activities. Prioritizing national security helps thwart potential attacks and safeguard public safety.
- Example: The 2008 Mumbai attacks (26/11) underscored the need for robust security measures. Post-attack, India enhanced its surveillance capabilities and instituted measures like the National Intelligence Grid (NATGRID) to track and counter terrorist threats more effectively.
Prevention of Criminal Activities: Surveillance and security measures can be effective in combating various forms of crime, including organized crime, drug trafficking, and human trafficking. Prioritizing security helps protect citizens from these serious threats.
- Example: In the fight against drug trafficking, the Narcotics Control Bureau (NCB) and other agencies utilize surveillance and intelligence to monitor and disrupt drug smuggling networks, significantly impacting the availability of illicit drugs.
Maintaining Public Safety and Order: Effective national security measures ensure the safety and order of the public by monitoring and managing threats that could lead to violence or chaos. In times of crisis, security measures help maintain stability.
Deterrence of Security Threats: Strong national security protocols can act as a deterrent to potential threats and adversaries. Robust surveillance and security measures make it more difficult for criminal elements and hostile actors to operate undetected.
Concerns :
Risk of Excessive Surveillance: Prioritizing national security can lead to excessive surveillance, where authorities may engage in intrusive monitoring of citizens beyond what is necessary for security purposes. This can infringe on personal privacy and lead to abuse of power.
- Example: The implementation of the Aadhaar biometric system, while intended for secure identification and welfare distribution, has faced criticism for potential misuse, including unauthorized data sharing and excessive data collection.
Potential for Targeted Harassment: Expanding surveillance and security measures can result in targeted harassment of specific individuals or groups, especially minorities or political dissenters, under the guise of national security.
- Example: The use of surveillance tools to monitor political activists or dissenting voices can lead to targeted harassment and suppression of legitimate political activities (Pegasus).
Erosion of Civil Liberties: Prioritizing national security can lead to the erosion of civil liberties, where security measures infringe on fundamental rights such as freedom of speech, freedom of assembly, and privacy. This erosion can undermine democratic values.
- Example: The blanket application of surveillance and anti-terrorism measures in conflict-affected regions like Jammu and Kashmir has raised concerns about the suppression of civil liberties and the impact on local populations.
