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PRIVACY AND SURVEILLANCE CONFLICT: A COMPARATIVE ANALYSIS OF THE LAWS IN THE USA AND INDIA

vchadha@jgu.edu.in

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.cb@gmail.com

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@induslaw.com

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.

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Resumo

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.

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.

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Como citar este artigo

Chadha, Vaibhav; Balasubramanian, Thajaswini Coimbatore; Bhuwalka, Anshul (2022). Privacy
and Surveillance Conflict: A Comparative Analysis of the laws in the USA and India. Janus.net, ejournal of international relations, Vol13 N2, November 2022-April 2023. Consulted [online] in date
of last visit, https://doi.org/10.26619/1647-7251.13.2.8

Article received on 17 April, 2022 and accepted for publication on 6 October, 2022