Abstract:

Emerging computer and communications technologies have radically altered the ways in which we communicate and exchange information. Along with the speed, efficiency, and cost-saving benefits of the digital revolution come new challenges to the security and privacy of communications and information traversing the global communications infrastructure. Most countries in the world today have no controls on the use of cryptography.  Such technology is, however, liable to be misused by individuals, to carry on clandestine operations to the detriment of national security. Some restrictions are necessary in the interests of national security. The problem, however, is ensuring that the restriction is legitimate and solely for in the interests of national security, the state not being allowed to interfere and keep a track on individuals’ activities” and private lives without sufficient cause. Governmental regulation of cryptographic security techniques endangers personal privacy. Encryption ensures the confidentiality of personal records, such as medical information, personal financial data, and electronic mail. In a networked environment, such information is increasingly at risk of being stolen or misused. The entire issue, at its simplest level, boils down to a form of balancing of  interests.The specific legal and rights-related problems arising from the issue of cryptography and privacy in the Indian context are examined in this paper.