Human Rights Protections in Digital Surveillance as a Strategic Response to Cybercrime Threats to India’s National Security

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national security, compelling the state to increasingly rely on digital surveillance as a strategic response. While surveillance technologies such as large-scale data collection, artificial intelligence-driven analytics, and digital monitoring play a significant role in countering cyber threats including terrorism financing, data breaches, and cyber espionage, they simultaneously raise seriouThe rapid expansion of cybercrime has emerged as a critical non-traditional threat to India’s s concerns regarding the protection of fundamental human rights. This paper critically examines digital surveillance practices in India through the dual lens of national security and human rights protection, with particular emphasis on the right to privacy. Drawing upon international human rights instruments such as the International Covenant on Civil and Political Rights and comparative data protection frameworks, alongside emerging Indian cyber governance mechanisms, the study evaluates whether existing legal safeguards are adequate to prevent disproportionate intrusions into individual freedoms. Empirical findings based on survey data reveal a general public acceptance of surveillance for cybercrime prevention, accompanied by growing apprehension regarding privacy erosion and insufficient legal protections, especially among younger demographics. The paper argues that unchecked surveillance risks undermining democratic values and public trust, thereby weakening long-term national security objectives. It advocates for a rights-based surveillance framework that integrates necessity, proportionality, transparency, and accountability into India’s cybercrime response strategy. By aligning digital surveillance with constitutional guarantees and human rights norms, the study contributes to policy discourse on developing effective, lawful, and sustainable responses to cybercrime threats in the digital age.

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