National security vis-à-vis privacy in cyber space

The union home ministry’s request to the department of telecom to ensure monitoring of social networking websites like Facebook and Twitter in order to "strengthen cyber security paraphernalia" raises number of questions on fundamental freedoms and privacy.

The said request raises certain questions relating to whether the individual’s right to privacy enshrined under Article 21 of the Constitution can be taken away by such a government action.

Article 19(1)(a) of the Constitution provides for the right to speech to the citizens, (the freedom of press being an implied part of it) subject to certain restrictions including national security and public disorder under clause (2) of the said Article. A citizen’s right to speech can be curtailed if the government fears that it will cause public disorder, effect sovereignty and integrity and the security of the state. And following the recent unrest in the Arab world following a twitter update, which caused the downfall of the governments of Tunisia and Egypt and leaving thousands dead, the State will try to control the freedom in cyber space for the same extends beyond the national borders.

The government wanting to monitor feeds that are also kept private by the user and not just the public feeds also raises a question as to the right of privacy. Can the privacy be curtailed for the purpose of ensuring security and innocent individuals allowed to be harassed? However, the right to privacy is a part of the right to life given a sacrosanct position under Article 21 which cannot be infringed in any circumstance, except by the procedure established by law. Following the Maneka Gandhi case, the clause “procedure established by law” is construed as “due process of law”, giving greater validity to the individual’s right. Another question is that if the government formulates such a law, then will it be hit by the touchstone of Articles 14, 19 and 21 which would check its constitutionality. However, the question is how far can the privacy law be extended? In Mr. X vs. Hospital Z, the Apex Court has ruled that one man’s right to privacy cannot be extended to the limit that it damages another’s right to life. So, where the freedom of speech becomes a threat to public order and national security, it is difficult to protect it under privacy law.

And another question raised is not legal or moral but economic. Is it prudent to spend large amount of public money in monitoring the bulk of feeds on networking sites when large funds are required for the development of the nation especially at the time when the world is reeling under global meltdown and a threat of a second recession in less than 3 years time is looming large?