Right to Privacy and reasonable restrictions 

Privacy in Indian jurisprudence - Early years

• Fourth Amendment like protection (unreasonable searches and seizure) rejected by the CAD
• MP Sharma — refusal to import a right against search and seizure of documents
• Kharak Singh — Secret picketing, domiciliary visits, equiries into habits and associations
• “it is true our Constitution does not expressly declare a right to privacy as a fundamental right, but the said right is an essential ingredient of personal liberty." Subba Rao J. (dissenting)
• R M Malkani - telephone tapping
• Early seeds of targeted and specific surveillance

Gobind and after

• Gobind — picketing and domiciliary visits 
• Compelling state interest, Narrow tailoring
• Move from a propertarian view of privacy (persons and not places)
• Malak Singh — inclusion in the surveillance register
• PUCL — telephone tapping
• Collector v. Canara Bank — search and seizure of private records
• "The possibility of any wild exercise of such power may be remote but then on the framing of the [provision]...the possibility cannot be ruled out."

Principles for Surveillance governace

• Valid legislative backing
• Legitimate Aim
• Necessity - strictly and demonstrably necessary to achieve a legitimate aim
• Proportinality - high degree of probability that a serious crime or specific threat, less invasive techniques have been exhausted or would be futile
•  Judicial review
• Due Process - fair and public hearing within a reasonable time
• User Notification
• Oversight 

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