Surveillance, National Security and the Right to Privacy in the Digital Era

Abstract

The fast growth of digital technologies has changed the state security needs against the needs of an individual fundamentally. Mass surveillance and collection of data, as well as algorithmic monitoring, is becoming more popular among governments worldwide to help deal with terrorism, cybercrime and transnational threats. Although such procedures are usually approved within the framework of the doctrine of national security, they create serious issues concerning the loss of privacy, civil liberties and democratic accountability. The paper analyzes the legal, ethical and the policy aspects of surveillance during the digital age and specifically how state security goals can be reconciled with international human rights standards. Using comparative viewpoints, the United States, the European Union and Pakistan, the paper brings out issues in regulating surveillance in both constitutional and international contexts. Finally, it contends that surveillance should be subjected to effective oversight, transparency and proportionality in order to make sure that surveillance activities are legitimate, legal and comply with fundamental rights.