In the digital age, where technology governs nearly every aspect of human interaction, the concept of privacy faces an unprecedented challenge. Digital arrest, a term referring to the use of technology to monitor, detain, or restrict an individual’s freedom in the virtual world, has become a critical issue in debates about civil liberties. While such measures may be justified in the interest of national security and public order, they often raise pressing questions about the right to privacy.
The right to privacy is a fundamental human right recognized internationally under Article 12 of the Universal Declaration of Human Rights 1948 (UDHR) and enshrined under Article 21 of the Constitution of India. It guarantees individuals the freedom from unwarranted intrusion into their personal lives by the state, corporations, or other entities. However, the advent of digital tools like AI surveillance, biometric systems, and cyber laws has complicated this fundamental right. Digital arrest may involve tracking individuals through geolocation, intercepting electronic communications, or using artificial intelligence to predict behavior. While these methods are often employed to curb criminal activities, prevent cybercrimes, or counter terrorism, they can also lead to misuse. For instance, authorities may use digital surveillance to monitor political dissidents, journalists, or activists, thus undermining democratic freedoms.
Balancing digital arrests and privacy rights requires a nuanced approach. Surveillance should be conducted within a legal framework that ensures accountability and transparency. Laws like the General Data Protection Regulation (GDPR) in the European Union set global benchmarks for protecting privacy by regulating the use of personal data. The Digital Personal Data Protection Act, 2023, is a step in this direction, aiming to safeguard citizens’ data while addressing concerns of digital security. The judiciary also plays a critical role in maintaining this balance. Landmark judgments like Justice K.S. Puttaswamy vs. Union of India (2017) have reaffirmed privacy as a fundamental right, emphasizing that any invasion must satisfy the tests of legality, necessity, and proportionality.
As technology evolves, so must our legal and ethical frameworks. Governments, tech companies, and civil society must collaborate to ensure that digital arrest mechanisms do not come at the cost of individual freedoms. Safeguarding the right to privacy is essential to uphold democracy, dignity, and human rights in the digital era.