PEGASUS SPYWARE: A VIOLATION OF RIGHT TO PRIVACY AND A THREAT TO SURVEILLANCE LAWS IN INDIA

Abstract

Technology has progressed at such an advanced stage which makes it possible for anyone to spy into our private lives. The concept of Pegasus Spyware and its ill effects has gained significance in today’s time. Pegasus is a sophisticated spyware tool that has been widely used to target individuals around the world which forms a major concern by infringing and compromising an individual’s privacy and security. The Spyware is designed to infect, monitor and gather data of mobile devices by exploiting software vulnerabilities and using advance techniques to avoid detection. The Pegasus spyware outrage gives an account of the various issues pertaining to the infringement of the fundamental right to privacy guaranteed under the Indian Constitution and throws light upon the inadequacies in the surveillance laws which deal with such circumstances. In the year 2021 there were allegations and speculations with regards to use of Pegasus spyware to gather and monitor crucial information of various individuals holding different positions in the country. Such Spyware not only raises concerns about privacy but also about violation of human rights and freedom of expression. It is very crucial that rightful and appropriate steps are taken to protect the privacy and security of individuals in a country by implementing strong data protection laws and regulations and ensuring that surveillance tools are in accordance with the law and with appropriate oversight and accountability mechanisms. There arises a need for an express legislation which will govern data protection and a surveillance mechanism which will preserve the rights of a citizen and hold the wrongdoer accountable for such breach. The Current study focuses and explores the capabilities and impact of the Pegasus spyware and highlights and analyses the various issues and laws dealing with surveillance in India.