In a major ruling that could reshape the future of digital privacy in India, the Supreme Court has upheld the right to individual data protection by striking down portions of a controversial surveillance law.
The verdict came in response to multiple petitions filed against the Data Interception & Access Regulation Act (2023), which allowed government agencies to collect and store user data from internet service providers without explicit consent or judicial oversight.
The five-judge constitutional bench ruled that such practices violated the fundamental right to privacy under Article 21 of the Constitution.
“Privacy is not a privilege; it is a constitutional right,” said Chief Justice R.K. Mehra while delivering the 200-page judgment.
“The state must balance national security with civil liberties, not ignore them.”
The court directed the government to establish an independent data regulation authority and ensure all surveillance actions are reviewed by a judicial oversight committee.
Legal experts have hailed the ruling as a historic victory for digital freedom and user rights in the era of growing online surveillance.
However, the Ministry of Home Affairs said it would review the judgment and explore amendments to align national security needs with judicial mandates.
This case sets a precedent for how governments and corporations handle sensitive personal data, especially with the rise of AI, biometric databases, and cross-border data transfers.
