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@article{197680,
        author = {Adv. Neha Goyal and Ms Ananya Yadav},
        title = {Metadata, mass surveillance and criminal investigations in India: A post-Puttaswamy analysis},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {8067-8076},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=197680},
        abstract = {In India, as digital ecosystems grow, criminal investigations have been conducted differently than ever before where metadata can be used as an investigative tool. Through the utilization of call detail records and how people use the internet, law enforcement has the ability to not just track people’s actions but connect individuals with one another as well as predict crimes prior to occurring without actually needing to examine the content of the data. But due to the KS Puttaswamy v. Union of India ruling on the right to privacy being a fundamental right, this has allowed more scrutinized analysis when using metadata in metadata collection processes for criminal investigations. With the courts ruling the legality of metadata, they changed from determining the legality of the laws governing metadata collection to determining the constitutionality of these laws. The conflict at issue is very clearly defined: the courts have determined that there are protections under the Constitution that apply to people who collect metadata while also determining that metadata can be less intrusive than content. The use of metadata for aggregated collection creates intimate personal profiles which call into question the distinction of content or non-content when surveilling individuals. The laws governing the collection of personal data in India, namely Telegraph Act and IT Act, do not address issues arising from large-scale metadata collection. In light of these changes, this research paper will provide an evaluation of the opinion of the judiciary about surveillance based on metadata for criminal cases in India after the Puttaswamy case. It will discuss if there are adequate protections in place and the evolution of judicial reasoning as a mechanism for balancing state authorities. It will also suggest a reformulation of the legal concepts which give effect to both efficiency and constitutional protections for the individual’s right to privacy.},
        keywords = {Right to privacy, Metadata, IT Act, Telegraph Act, Indian Constitution, KS Puttaswamy v. Union of India, criminal investigations.},
        month = {April},
        }