Balancing Online Privacy in India

Indian Journal of Law and Technology, Vol. 6, pp. 43-64, 2010

22 Pages Posted: 25 Sep 2010

See all articles by Apar Gupta

Apar Gupta

Internet Freedom Foundation


There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, on a deeper study it is revealed that they are found wanting due to the nature of internet communications. The article takes a comprehensive look at the state of online privacy in India arising out of the Information Technology Act, 2000.

Keywords: Information Technology (Amendment) Act, 2008, Online Privacy in India, Privacy in India

JEL Classification: K11

Suggested Citation

Gupta, Apar, Balancing Online Privacy in India. Indian Journal of Law and Technology, Vol. 6, pp. 43-64, 2010, Available at SSRN:

Apar Gupta (Contact Author)

Internet Freedom Foundation ( email )

New Delhi

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