“BIG DATA SURVEILLANCE AND ITS IMPACT ON FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION”
AUTHOR – SHREYANSHI* & DR. JYOTSNA SINGH**
* LL.M (CONSTITUTIONAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
** ASSISTANT PROFESSOR AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – SHREYANSHI & DR. JYOTSNA SINGH, “BIG DATA SURVEILLANCE AND ITS IMPACT ON FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 66-75, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The exponential growth of Big Data technologies has significantly reshaped the landscape of personal data management. In India, the widespread use of Big Data surveillance systems by both state agencies and private corporations has raised complex constitutional questions regarding the protection of fundamental rights guaranteed by the Indian Constitution. This paper examines the constitutional implications of Big Data surveillance, particularly with respect to the Right to Privacy under Article 21, Freedom of Speech and Expression under Article 19(1)(a), and protection from arbitrary state action under Article 14.
The use of surveillance tools such as biometric identification systems (e.g., Aadhaar), facial recognition technologies, and real-time monitoring mechanisms raise concerns regarding privacy violations, freedom of expression, and state overreach. The Right to Privacy, as established by the Supreme Court of India in Justice K.S. Puttaswamy v. Union of India, and Article 19 on free speech, are often at odds with the increasing intrusion of digital surveillance technologies. The paper critically assesses the impact of Big Data on these fundamental rights, emphasizing the need for stronger legal safeguards and democratic oversight.
In addition to examining legal gaps, the paper highlights the absence of comprehensive data protection laws and transparent regulations for surveillance programs. Given the absence of a unified data protection framework in India, this study advocates for the establishment of institutional mechanisms that balance the goals of national security with the protection of individual freedoms. The paper concludes by calling for an urgent legal reform to address the challenges posed by Big Data and proposes a framework that respects constitutional rights while enabling responsible digital governance.
Keywords: Big Data, Surveillance, Privacy, Fundamental Rights, Indian Constitution, Freedom of Expression, State Accountability, Legal Safeguards, Data Protection, Democratic Oversight.