Privacy and Surveillance Conflict: A Comparative Analysis of the laws in the USA and India

Vaibhav Chadha; Thajaswini Coimbatore Balasubramanian; Anshul Bhuwalka

doi:10.26619/1647-7251.13.2.8

Janus.net (Nov 2022)

Privacy and Surveillance Conflict: A Comparative Analysis of the laws in the USA and India

Vaibhav Chadha,
Thajaswini Coimbatore Balasubramanian,
Anshul Bhuwalka

Affiliations

Vaibhav Chadha: ORCiD; Assistant Professor of Law at Jindal Global Law School, O.P. Jindal Global University (India). He holds a master’s degree in law from Queen Mary University of London on a Chevening Scholarship. Vaibhav also has a bachelor’s degree in law as well as commerce from the University of Delhi and a diploma in International Law and Diplomacy from Indian Society of International Law. In the past he has written international articles on anticipatory bail law in India, copyright law, freedom of speech and expression, privacy and surveillance, and on laws enacted to curb the practice of child marriage. Before moving to academia, Vaibhav worked at the Office of Advocate General of State of Nagaland, India, and Additional Solicitor General of India. His areas of interest include free speech, media law, and criminal law.
Thajaswini Coimbatore Balasubramanian: A qualified lawyer, who is currently pursuing her Masters of Law at the University of Cambridge. She holds a Bachelor of Arts and a Bachelor of Law (BA.,LLB (Hons.)) degree from the School of Law, SASTRA Deemed University (India). She was assisting a Senior Advocate at the Hon’ble Supreme Court of India for over a year, before pursuing her Masters. She is keenly interested in subject matters like Constitutional Law, Public Law, Commercial Taxation, Intellectual Property and Privacy Laws.
Anshul Bhuwalka: Associate (Transactions), IndusLaw, Mumbai, India. He holds a bachelor's degree in Law as well as Business Administration from Symbiosis Law School, Hyderabad (India) - Symbiosis International (Deemed University). He has written articles on constitutional law and contractual law, with specific reference to the corporate domain. His areas of interest are constitutional law, corporate and commercial laws

DOI: https://doi.org/10.26619/1647-7251.13.2.8
Journal volume & issue: Vol. 13, no. 2
pp. 201 – 219

Abstract

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The Right to Privacy and the need for Surveillance has always remained a contentious issue between citizens and law enforcement agencies. This paper attempts to analyse the various laws relating to Surveillance in the largest and oldest democracies of the world, India and the United States of America. Regardless of vast variances in socio-economic and political realities, these two countries qualify as intriguing focuses for study. Though the Right to Privacy is generally accepted as a fundamental right throughout the nations of the world, the primacy given to ‘National Security’ and simultaneously balancing it with individual liberties seems to be a recognised phenomenon in both these jurisdictions.

Published in Janus.net

ISSN: 1647-7251 (Online)
Publisher: Universidade Autónoma de Lisboa
Country of publisher: Portugal
LCC subjects: Political science: International relations
Website: https://observare.autonoma.pt/janus-net/en/

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