Privacy and the Indian Constitution: A Case Study of Encryption

The growth of telecommunication and electronic commerce has led to a growing commercial market for digital encryption technologies. Business need encryption to protect and to establish secure links with their customer .Law enforcement needs it to stop those under investigation from intercepting police communications. Individuals need it to protect their private communication. Such technology is, liable to be misused by individuals. 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. In a networked environment, such information is increasingly at risk of being 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.