Intercultural Human Rights Law Review

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The paper is organized in a dual format, through the lens of two behemoths within the information technology sector: the United States and India. While India is an emerging superpower just beginning to recognize the role of information privacy in its society, the United States has a long paper trail of attempts to establish a settled framework for privacy enforcement. This article is subdivided into five sections in accordance with the New Haven' approach to give the reader comprehensive insight into the vexing issues that surround the information privacy debate today. Part I provides an interdisciplinary perspective into the rise of the surveillance state and questions whether governments can rein in highly-sophisticated technology to ensure equilibrium between individual privacy and national security. Part II outlines a general privacy claim in the current era of mass surveillance, taking into account the perspectives of privacy advocates and the intelligence community as a vehicle to identify the various values at play. Part III documents past trends in decision-making that have shaped the current information privacy infrastructure in the United States and India taking into account the growth of the surveillance state. Part IV sheds light on the future privacy landscape and the growth of the surveillance state following the NSA scandal. In Part V, this author will recommend a privacy framework that can exist transnationally and effectively balance national security interests and personal privacy rights.

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