Right to Privacy and State Surveillance

The conflict between state surveillance and the fundamental right of privacy is apparent even at the conceptual level. The rise of advanced surveillance mechanisms has been another abetting factor to this conflict while on the other hand many theorists have been at work to find a harmonisation between them. Surveillance techniques and mechanisms have indeed been helpful in thwarting the threats to national security and keeping the integrity of a nation. The chapter analyses whether the collective good that upholds state surveillance tends to override the individual interest that advocates the right to privacy. It considers the criteria or procedures followed to arrive at such a decision and whether the authorities could have been advised to find a better solution through harmonization rather than neglecting one in favour of the other. It explores the morality behind surveillance, including the panopticon model by Bentham, which was an example of promoting moral behaviour through surveillance.