Pegasus Ruling A Call For Law On Cyber Security

Context: More national security issues and cyber security aspects are likely to come up for consideration before the SC. While national security is paramount, it should not be used to trammel the citizens’ liberties.

Courts jurisprudence in relation to privacy: The recent case related to Pegasus spying.

• Formation of the committee: Forming the technical committee, the court has started the process for examining various in-depth allegations made by petitioners on the unauthorised activities and spying engaged in through the use of the Pegasus software, which is created by a legal entity based in Israel.
• Against indiscriminate spying of citizens: While surveillance is a legitimate tool in the hands of governments, it can only be in accordance with the stipulated parameters and procedures established by law.
• Throws a light towards a dedicated cyber security law: Given the fact that India does not have any dedicated law on cyber security, this judgment throws light on the way forward as to how the issues pertaining to national security will have to be dealt with by the judiciary.
  • The court has requested the technical committee to make recommendations pertaining to the enactment of legal provisions on surveillance for securing the improved right to privacy and also for enhancing and improving the cyber security of the nation.
• Reiterates the power of judicial review: The executive has its responsibility towards protecting national security. However, it has an equally accountable responsibility towards the judiciary when the judiciary is exercising judicial review processes.

Conclusion: Going forward, a more holistic approach will have to be adopted. Governmental interests will have to be protected while individuals’ enjoyment of civil liberties and fundamental rights need to be also safeguarded.