Reconciling Privacy Rights With Digital Investigations: Legal-Ethical Challenges in Cyber Forensics

Title

Reconciling Privacy Rights With Digital Investigations: Legal-Ethical Challenges in Cyber Forensics

Creator

Solanki, Shashank

Description

The advancement of cyber forensics-through Al-driven profiling, metadata analysis, and real-time surveillance has enhanced digital investigations but raised significant legal and ethical concerns. This chapter explores the growing tension between state surveillance and individual privacy, focusing on the Indian legal framework, includ-ing the Justice K.S. Putaswamy decision, and comparing it with global standards such as the GDPR, ECHR, and Budapest Convention. Key issues addressed include algorithmic bias, lack of consert, cross-border data sharing, and misuse of forensic tools against vulnerable groups. The chapter argues for a balanced, rights-based framework grounded in privacy-by-design, proportionality, and judicial oversight. It offers policy recommendations to ensure cyber forensic practices remain effective while upholding constitutional protections and international human rights norms. 2026 by IGI Global Scientific Publishing. All rights reserved.

Source

Cyber Forensic Frameworks for User-Centric Human Threat Intelligence Analysis;pp.203-230

Date

01-01-2026

Publisher

IGI Global

Coverage

Solanki S., Christ University, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISBN: 979-833734900-8; 979-833734898-8;

Format

online

Language

English

Type

Book chapter

Identifier

https://doi.org/10.4018/979-8-3373-4898-8.ch007

https://www.scopus.com/pages/publications/105033219843?origin=resultslist