ALL EYES ON YOU: THE PRIVACY PANDEMONIUM

Eons ago, many inhabitants of the Indian subcontinent lived in the Harappan civilization. They were seafarers, city dwellers and incomparable craftsmen but there was one thing that stood out: most houses did not have windows facing the main street. Indians were concerned about their privacy from 2600 BCE. Fast forward to 4000 years later the Supreme Court in K.S. Puttasawamy Vs Union of India upheld privacy as a fundamental right, much to the merry of our ancestors. Shortly the same apex court upheld the validity of Aadhar card while striking down many arbitrary sections. But a series of recent government orders may put this intrinsic element of Indian life, which has been safeguarded ever so dearly by generations of Indians, in jeopardy. By the powers decreed upon it by Section 69 of the Information Technology Act, 2000 the government has given rights to 10 agencies to intercept, decrypt or monitor communication through the electronic media. The agencies include the Central Bureau of Investigation (CBI), Narcotics Control Bureau and Enforcement Directorate. The guidelines specify that these agencies can snoop on the online activities of netizens on the grounds of when there is a threat to national security, national integrity, security of the state, friendly relations with other countries, interests of public order and decency, or to prevent incitement of an offence. The proportionality of the necessity for such surveillance would undergo a litmus test by a review committee headed by the Cabinet Secretary in the Centre and Chief Secretary in the case of States. In case of emergencies, it shall be approved by an officer in a position not less than that of Joint Secretary of the Ministry/ Department of Home Affairs. The order quickly heated up into a political bawl with the media pouncing over it. Allegations that India is becoming a ‘surveillance’ or ‘police’ state were thrown across the houses of the Parliament.  Though the legal framework provided on paper sounds reasonable and convincing, it is the reality that shakes the foundations of democracy. It is important to look at this development in a global context. Repercussions of unwarranted surveillance by the State and private entities led to the rise of Edward Snowden and Cambridge Analytica. Similar scenarios must not be played out in India. In the wake of the 2019 general elections, the newly found powers of these agencies have created deep rooted fears in the minds of people. Ideally, these agencies would ensure that India remains safe as it is emerging as a key policy maker in worldly matters. But if there may be any activity on part of any government sanctioned entity adverse to the rights of Indians and the cornerstones of democracy, there would be no way out. It would simply create a vicious cycle with greater power to a few humans through algorithms, keys and the digital space to decide the government of their choice to rule all other humans and make policies benefiting them. Little can be done on our part but to hope that the government realizes that its course forward would have a tremendous impact on the future of the country, empowering or endangering the citizens. Well it is important that we must not put our ancestors to shame.