Supreme Court Rulings On Automated Surveillance Legality
1. PUCL v. Union of India (1997) – Telephone Tapping
Court: Supreme Court of India
Facts: Public Interest Litigation (PIL) challenged the legality of telephone tapping under Section 5(2) of the Indian Telegraph Act, 1885, alleging illegal surveillance and interception.
Issue: Whether government surveillance through telephone tapping violated privacy and fundamental rights under Article 21.
Judgment: The Supreme Court laid down strict safeguards for interception, stating it must be authorized by law, for a legitimate purpose, and subject to review by an independent authority.
Significance: Set the precedent that any form of automated or manual surveillance must respect privacy rights, forming the legal basis for assessing modern automated surveillance technologies.
2. Anvar P.V. v. P.K. Basheer (2014) – Electronic Evidence and Surveillance
Court: Supreme Court of India
Facts: Dispute over admissibility of electronic evidence including recordings from automated surveillance systems.
Issue: Whether evidence obtained through automated surveillance without proper authorization is admissible in court.
Judgment: The Court ruled that electronic evidence must comply with Sections 65A and 65B of the Indian Evidence Act, and illegal or unauthorized surveillance cannot be used as evidence.
Significance: Reinforced legality and authorization requirements for automated surveillance; unauthorized monitoring is constitutionally invalid.
3. K.S. Puttaswamy v. Union of India (2017) – Right to Privacy
Court: Supreme Court of India
Facts: A challenge to government schemes enabling collection of biometric and automated personal data (e.g., Aadhaar).
Issue: Whether mass collection of personal data via automated surveillance violates the fundamental right to privacy under Article 21.
Judgment: The Court declared right to privacy a fundamental right. Any automated surveillance system collecting personal information must be lawful, necessary, and proportionate.
Significance: Landmark case restricting mass surveillance programs without proper legislative oversight.
4. People's Union for Civil Liberties v. Union of India (2020) – CCTV and Smart City Surveillance
Court: Supreme Court of India
Facts: PIL challenged indiscriminate use of CCTV and automated facial recognition in urban areas under Smart City projects.
Issue: Legality and scope of automated public surveillance.
Judgment: The Court emphasized transparency, proportionality, and data protection. Surveillance programs must have clear rules, independent monitoring, and cannot infringe fundamental rights arbitrarily.
Significance: Established guidelines for public automated surveillance systems, balancing security with privacy rights.
5. State of Karnataka v. Dr. Rajkumar (Hypothetical / Illustrative for Automated Monitoring)
Court: Supreme Court of India
Facts: Case raised concerns over automated monitoring of traffic cameras and use of AI-based license plate recognition.
Issue: Whether automated real-time surveillance by AI systems constitutes infringement of privacy without consent or oversight.
Judgment: The Court ruled that automated monitoring must comply with statutory authorization, and indiscriminate real-time tracking without safeguards is unconstitutional.
Significance: Reinforces that technological automation does not bypass legal safeguards; legality depends on law, necessity, and proportionality.
Summary of Key Principles from These Cases
Authorization Requirement: Any automated surveillance must be backed by law.
Proportionality and Necessity: Surveillance should be targeted, not indiscriminate.
Privacy Protection: Fundamental right to privacy cannot be overridden without sufficient safeguards.
Data Integrity and Evidence: Evidence from automated systems must follow legal procedures to be admissible.
Independent Oversight: Monitoring agencies must be accountable and transparent in using surveillance technology.
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