Abstract
The rapid advancement of technology has significantly impacted criminal law, particularly in the realm of the right to privacy. As digital surveillance, artificial intelligence, and data analytics become integral to law enforcement, concerns over individual privacy rights have intensified. Legal frameworks worldwide strive to balance the need for effective crime prevention with the protection of fundamental rights, as enshrined in constitutional and international human rights provisions. In India, the landmark Puttaswamy judgment recognized the right to privacy as a fundamental right, influencing legal interpretations concerning digital evidence collection, mass surveillance, and data protection. However, the expansion of technology-driven policing, such as facial recognition, cyber forensics, and AI-based crime prediction, raises critical ethical and legal questions. This paper explores the evolving relationship between technology and criminal law, analyzing how privacy rights are being reshaped by digital innovations and assessing the adequacy of existing legal safeguards in protecting individuals from potential overreach by the state.
INTRODUCTION
Use of computer, internet and information technology facilitate the personal and business transactions at person’s own convenience. For use of technology, submitting personal information is a precondition. By each access, the personal information is deposited and gathered in large quantity with the entity which provides service. It is expected that this information shall remain confidential and private. Threat to personal information has increased due to globalisation and privacy of person is endangered. This threat is not limited to physical harm due to cyber-crimes but affecting the liberty and freedom to make choices due to excessive marketing. Even the information collected by government for provision of services, privacy and confidentiality of it may also be threatened.
By enacting different legislations, legal systems tried to control and regulate transactions done using information technology. The major challenge before any legal system is to balance the rights of the persons and interests of the state. In India after 1990, due to globalisation, use of computers and internet had increased. To protect the business interests, and e-commerce transactions, The Information Technology Act, 2000 was enacted. To make it more strong, provisions controlling cyber-crimes were added after its amendment in 2008. But for the protection of the information which is deposited and gathered with the body corporates-entities which provide services- its control and regulation under it is inadequate.
In the days of absence of legislative control mechanism i.e. from the beginning of 20th Century, the protection to privacy was provided by courts. Courts have provided protection against the state actions threatening physical, proprietary privacy. They also provided protection against the informational privacy invaded by state as well as private entities as innovative uses of advanced technology harming it. This protection was granted by interpreting the existing laws including provisions for fundamental rights under Constitutional law.