Is Use of Pegasus Spyware Legal in India?

The use of Pegasus spyware, a sophisticated tool designed for surveillance, has raised significant concerns worldwide, especially regarding its legality and ethical use. In India, the deployment of such spyware, particularly without proper authorization, could breach constitutional rights to privacy, raising questions about its legality under Indian law.

Legal Implications of Using Pegasus Spyware in India:

Violation of Privacy Rights:

In 2017, the Supreme Court of India recognized the right to privacy as a fundamental right. Using spyware like Pegasus without the consent of the individual can be seen as an invasion of privacy, which is against the constitutional rights of individuals.

Lack of Clear Legal Framework:

The Indian legal system lacks a clear and specific framework for regulating the use of surveillance technologies like Pegasus. The government can argue that it’s used for national security purposes, but there is no formal law that permits such indiscriminate surveillance on citizens.

Government’s Role:

The Indian government has not officially confirmed or denied the use of Pegasus spyware, but reports suggest that it has been used to target activists, journalists, and political opponents. If used without judicial oversight or a clear mandate, it can be considered unlawful.

Data Protection Laws:

India does not yet have a comprehensive data protection law like the GDPR (General Data Protection Regulation) in the European Union. However, there are provisions under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, that require consent for collecting personal data, which could be violated by spyware like Pegasus.

Ethical Concerns and Abuse:

Targeting Political Opponents:

The use of Pegasus for political surveillance or to target activists and journalists raises serious ethical concerns. The potential for misuse of such technology for political or personal gain is a significant issue.

Accountability and Oversight:

There is a lack of transparency and accountability regarding the use of Pegasus spyware in India. If used by government agencies, there must be a judicial or parliamentary oversight to ensure it is used lawfully.

Legal Actions and Protections:

Right to Information:

Citizens and journalists can use the Right to Information (RTI) Act to demand clarity on government use of surveillance tools like Pegasus. However, national security concerns could limit such requests.

Supreme Court Involvement:

Following the revelations of Pegasus being used to spy on individuals, a public interest litigation (PIL) was filed in the Supreme Court of India. The court has ordered an investigation into the matter, but the legal outcome is still pending.

Example:

In 2021, a major scandal broke out when reports revealed that the Indian government allegedly used Pegasus spyware to target journalists, politicians, and activists. If an individual’s phone was found to be infected with the spyware, they could potentially file a case for unlawful surveillance and invasion of privacy under Indian laws. However, unless proper judicial oversight is established, prosecuting the misuse of such spyware remains a challenge.