India is world’s largest democracy of the world and accordingly protects free speech and expression through its laws and constitution, still freedom of speech and expression is not absolute and privacy in online sphere is being restricted for many reasons. There are several reasons for which speech and expression is being curtailed such as-defamation, maintenance of national security and communal harmony are major reasons for which they can be curtailed. Under the Indian Constitution, the scope of Article 21 is multi-dimensional. The laws of torts, criminal laws as well as property law also contain a right to privacy in this paper to examine the adequacy and balance between the privacy of the person and the protection and the safety of the country within the legislative structure relevant to surveillance. It is ironic that the majority of Indians were protected from cyber surveillance PRISM not because they were well shielded from any potential violation of their privacy, but actually because they were not yet able to be online. It also shows that even today, most Indians do not have computer access and do not have access to resources to ensure they are covered of any covert activity by surveillance agencies. But this is definitely not something that the government or the Indian people would stabilize.
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