Title: Privacy and the Indian
Constitution: A case study of Encryption
Abstract: Emerging
computer and communications technologies have radically altered the
ways
in which we communicate and exchange information. Along with the speed,
efficiency,
and cost-saving benefits of the digital revolution come new challenges
to
the security and privacy of communications and information traversing
the
global communications infrastructure. Most countries in the world today
have
no controls on the use of cryptography. Such technology is,
however, liable to be misused by individuals, to carry
on clandestine operations to the detriment of national security. Some
restrictions
are necessary in the interests of national security. The problem,
however,
is ensuring that the restriction is legitimate and solely for in the
interests
of national security, the state not being allowed to interfere and keep
a
track on individuals’ activities” and private lives without sufficient
cause.
Governmental regulation of cryptographic security techniques endangers
personal
privacy. Encryption ensures the confidentiality of personal records,
such
as medical information, personal financial data, and electronic mail.
In
a networked environment, such information is increasingly at risk of
being
stolen or misused. The entire issue, at its simplest level, boils down
to
a form of balancing of interests.The specific legal and
rights-related
problems arising from the issue of cryptography and privacy in the
Indian
context are examined in this paper.
Author: Nehaluddin
Ahmad