30
Communications Surveillance, the technologies used
and human rights; and
(iii) have adequate resources in exercising the functions
assigned to them.”
Justice Nariman in Puttaswamy (Privacy) (concurring) has
recognised
the
importance
of
the
above
international
development for securing, protecting and interpreting the scope
of right to privacy in India. True Copy of the ‘International
Principles
on
the
Application
of
Human
Rights
to
Communications Surveillance’ (May 2014) is annexed herewith
as ANNEXURE P-13 (Page Nos. 217 to 231).
33.
More recently, the ‘Committee of Experts’ constituted in 2017
under the Chairmanship of Justice B. N. Srikrishna highlighted
the importance of transparency, due process, and proportionality
in the conduct of surveillance, especially in their manifestation of
judicial oversight, in the following manner:
“Surveillance should not be carried out without a degree of
transparency that can pass the muster of the Puttaswamy test of
necessity, proportionality and due process. This can take
various forms, including information provided to the public,
legislative oversight, executive and administrative oversight
and judicial oversight. This would ensure scrutiny over the
working of such agencies and infuse public accountability.
Executive review alone is not in tandem with comparative
models in democratic nations which either provide for
legislative oversight, judicial approval or both.”
The Committee went on to give the examples of Germany
(where legislative oversight exists), U.K. (where judicial review
exists), and South Africa (where some form of both exist) and
pointed out that the data protection legislations in these countries
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