Privacy On Instagram Vs State Surveillance: A Critical Analysis Of Government Access To Social Media Data In India

Abstract

This paper examines the conflict between individual privacy on social media platforms, particularly Instagram, and the expanding scope of government surveillance in India. The study analyses the statutory framework comprising the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Digital Personal Data Protection Act 2023, and the recent 2026 amendments to the IT Rules. Through a doctrinal methodology, it evaluates how these laws enable state access to user data while simultaneously claiming to protect privacy. Judicial developments, particularly Justice KS Puttaswamy v Union of India and Shreya Singhal v Union of India, are critically analysed to assess constitutional safeguards. The paper argues that despite recognising privacy as a fundamental right, the current legal regime creates a structural imbalance favouring state control. It concludes that stronger safeguards and clearer limitations on surveillance powers are necessary to protect digital privacy in India, and that independent oversight is central to reconciling security imperatives with constitutional guarantees.