“A society that trades privacy for protection will soon lose both.”, Human rights legislation does not oppose security; rather, it mandates that any cybercrime measures adhere to legal norms of validity, need, and non-discrimination, in accordance with the Siracusa Principles on the Limitation of Rights.The quick development of technology in the digital age has changed how people connect, communicate, and obtain information. However, a notable increase in cybercrime has coincided with these advancements, leading governments, and international organizations to create ever-tougher enforcement measures. Thispaper explores how human rights are changing in the digital era, with particular attention on the effects of artificial intelligence, data privacy, surveillance, and digital inequality. This study attempts to investigate how human rights may be maintained, safeguarded, and upheld in a society that is becoming more and more digital by examining case studies, legal frameworks, and current advancements.The absence of such check’s risks eroding civil liberties and fostering an environment of digital authoritarianism. It explains how the right to privacy was affirmed as a basic right under Article 21 in the historic case of K.S. Puttaswamy v. Union of India (2017). Additionally, the paper highlights the need of defending privacy rights in the digital sphere by examining important Supreme Court rulings pertaining to digital security. It champions the implementation of privacy by design frameworks, fortified legal safeguards, and the empowerment of users through comprehensive digital literacy initiatives. The ethical stewardship of data, coupled with stringent accountability and transparent governance, is underscored as indispensable to the preservation of privacy rights in the digital era.
Keywords: Digital Privacy, Cybercrime, Human Rights, Surveillance, K.S. Puttaswamy judgement.
Introduction:
The 21st century’s swift digital revolution has significantly changed how people, institutions, and governments function. Unprecedented innovation, ease, and connectedness have been made possible by digital technology. Digitalization has permeated every aspect of society’s infrastructure, from cloud computing to artificial intelligence, and from e-commerce to e-governance.[1] But there has also been an increase in cybercrime as a result of this change. The frequency and sophistication of threats like ransomware attacks, identity theft, cyber espionage, and digital disinformation operations are increasing, posing major risks to both personal safety and national security.[2]Governments are responding by implementing stricter cybercrime enforcement measures. These actions frequently entail real-time digital communications monitoring, cross-border data exchange, and increased surveillance capabilities. Such measures frequently violate fundamental rights including privacy, freedom of expression, and due process, even if they may be justified in the name of security.[3]Modern cybersecurity policy discussions are centered on the fundamental conflict between the need to preserve individual liberties and the necessity to maintain public safety.This essay explores how, in the digital era, human rights and cybercrime enforcement overlap. It investigates the effects on individual rights of institutional, technical, and regulatory solutions to cyberthreats. The goal is to determine if the methods used to police cybercrime are in line with accepted human rights standards and to provide frameworks that can protect civil liberties and digital security. This study’s scope include an examination of national cybersecurity laws, international human rights law, and seminal cases that highlight the trade-offs between privacy and security. It also takes into account how the enforcementenvironment is shaped by private technology firms and legal frameworks like the General Data Protection Regulation (GDPR).[4]The potential for rights abuses has never been higher due to the growing use of big data analytics and AI-powered monitoring techniques.[5]When creating digital policies, human rights must be a top priority. Enforcement systems run the potential of permitting widespread monitoring, discrimination, and political repression in the absence of accountability and protections.[6]However, if cyber dangers are not addressed, communities may become vulnerable to criminal exploitation and faith in digital infrastructure may be damaged. Therefore, balancing these interests is a democratic need rather than just a question of following the law.
This essay makes the case that human rights values, in particular those of legality, necessity, proportionality, and accountability, must be upheld in order to effectively combat cybercrime. In order to protect civil freedoms and meet the justifiable security requirements of the digital age, it must function within a rights-based framework.
[1]UNCTAD, Digital Economy Report 2021: Cross-border Data Flows and Development, United Nations Conference on Trade and Development, 2021, https://unctad.org.
[2]Europol, Internet Organised Crime Threat Assessment (IOCTA) 2023, European Union Agency for Law Enforcement Cooperation, https://www.europol.europa.eu.
[3]Privacy International, The Global Expansion of AI Surveillance, Privacy International, 2020, https://privacyinternational.org.
[4]European Union, General Data Protection Regulation (GDPR), Official Journal of the European Union, 2016.
[5]Ryan Calo, “Artificial Intelligence Policy: A Primer and Roadmap,” UC Davis Law Review 51, no. 2 (2018): 399–435.
[6]OHCHR, The Right to Privacy in the Digital Age, United Nations Human Rights Office, 2021, https://www.ohchr.org.