Need of Encryption Legislation: Protecting India’s Digital Realm and Beyond

Abstract

Encryption is essential for protecting sensitive data, individual privacy and national security in a time of digital transition and growing cybersecurity threats. This article begins by highlighting the need for encryption laws in India, emphasising the growing reliance on digital technologies across sectors and the critical necessity of protecting digital assets. It proceeds to dissect the existing legal frameworks governing encryption and the enforcement challenges faced by regulatory agencies. A critical aspect of the research involves examining international perspectives on encryption legislations, drawing lessons from global approaches and discerning their relevance to India’s policy landscape. This article underscores the delicate balance between privacy and security concerns, particularly in the context of counterterrorism efforts. In addition, this research unravels case studies and incidents involving notable cybersecurity breaches in India, shedding light on the legal implications and consequences that follow such breaches. The study culminates with an exploration of the public opinion and stakeholders’ perspectives on encryption legislations, considering industry views and civil liberties concerns. It offers insights into the best practices for drafting effective encryption laws and provides recommendations to strengthen India’s digital resilience. It calls for proactive measures to secure India’s digital future while preserving individual freedoms and privacy rights.