THE ROLE OF ADMINISTRATIVE LAW: GOVERNMENT SURVEILLANCE AND DATA PRIVACY

AUTHOR – D.NIROSHA, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – D.NIROSHA, THE ROLE OF ADMINISTRATIVE LAW: GOVERNMENT SURVEILLANCE AND DATA PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 712-717, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This topic delves into the complex interplay between government surveillance and data privacy, focusing on the role of Administrative Law in managing these often conflicting interests. With governments increasingly relying on surveillance to ensure national security and public safety, there is growing concern about the impact on individual privacy rights. This concern is particularly acute in the digital age, where the scope and scale of data collection have expanded dramatically. The discussion explores how administrative law provides a legal framework to regulate surveillance activities, ensuring that they are conducted within legal boundaries while respecting fundamental privacy rights.

The study examines global data privacy frameworks, specifically the European Union’s General Data Protection Regulation (GDPR) and India’s Digital Personal Data Protection Act, 2023 (DPDPA), to highlight the challenges of balancing state interests with personal data protection. By comparing these frameworks, the research identifies commonalities and differences in how different jurisdictions address surveillance and privacy. Landmark cases, such as India’s Aadhaar identity system, are analyzed to illustrate the practical tensions between state surveillance powers and individual privacy rights.

The paper argues that administrative law must evolve to address these challenges effectively. It should ensure greater transparency, accountability, and proportionality in government surveillance activities. Additionally, administrative law must adapt to global privacy developments to protect individuals’ rights while enabling governments to fulfill their essential security functions. By analyzing how various legal systems handle these issues, the study aims to provide insights into the future direction of administrative law in the context of digital surveillance and data privacy.

Keywords: Government Surveillance, Data Privacy, Administrative Law