Digital privacy vs. National security in the US and EU: Constitutional Boundaries in the surveillance Era

Abstract

The privacy and security of information on the internet has become a significant constitutional question in the era of surveillance. With governments engaging more and more in surveillance in the fight against terrorism and crime, governments have to strike a fine line between national security and the most important fundamental right to privacy. This paper looks at the constitutional limits within which this balance exists and looks into the legal systems in the U.S. and across the world. It considers the importance of the law on privacy, judicial control, and the consequences of surveillance on the freedom of individuals. Using case studies of countries that have been experiencing such problems, the paper will evaluate the extent to which digital privacy rights are being enforced or infringed in the name of national security. The paper then attempts to give a recommendation on how to better handle this tension in contemporary governance in a more accountable and moral way.