ItemBook Chapter

Right to Privacy and State Surveillance: An Analysis of the Legal and Ethical Challenges Concerning State Surveillance

Title
Right to Privacy and State Surveillance: An Analysis of the Legal and Ethical Challenges Concerning State Surveillance
Creator
Abraham, Manu Mariyan; Dev, Shampa
Description
The conflict between state surveillance and the fundamental right of privacy is apparent even at the conceptual level. The rise of advanced surveillance mechanisms has been another abetting factor to this conflict while on the other hand many theorists have been at work to find a harmonisation between them. Surveillance techniques and mechanisms have indeed been helpful in thwarting the threats to national security and keeping the integrity of a nation. The chapter analyses whether the collective good that upholds state surveillance tends to override the individual interest that advocates the right to privacy. It considers the criteria or procedures followed to arrive at such a decision and whether the authorities could have been advised to find a better solution through harmonization rather than neglecting one in favour of the other. It explores the morality behind surveillance, including the panopticon model by Bentham, which was an example of promoting moral behaviour through surveillance. Copyright 2026, IGI Global Scientific Publishing. Copying or distributing in print or electronic forms without written permission of IGI Global Scientific Publishing is prohibited. Use of this chapter to train generative artificial intelligence (AI) technologies is expressly prohibited. The publisher reserves all rights to license its use for generative AI training and machine learning model development.
Source
Ethical Challenges of AI and Warfare;pp.173-191
Date
01-01-2026
Publisher
IGI Global Scientific Publishing
Coverage
Abraham M.M., Christ University, Bangalore, India; Dev S., Christ University, Bangalore, India
Rights
Restricted Access; Hardcopy may be available in the library
Relation
ISBN: 979-833733613-8; 979-833733611-4; 979-833733612-1;
Format
online
Language
English
Type
Book chapter

Citation

Abraham, Manu Mariyan; Dev, Shampa, “Right to Privacy and State Surveillance: An Analysis of the Legal and Ethical Challenges Concerning State Surveillance,” CHRIST (Deemed To Be University) Institutional Repository, accessed June 19, 2026, https://archives.christuniversity.in/items/show/24752.

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