Constitutional Validity of Surveillance Technologies in Pakistan: Reconciling National Security with Individual Privacy Rights in the Digital Age

Abstract

This paper critically examines the constitutional validity of modern surveillance technologies in Pakistan, focusing on the tension between national security imperatives and the fundamental right to privacy enshrined in Article 14 of the 1973 Constitution. Drawing on recent jurisprudence, statutory frameworks, and international legal obligations, the study argues that Pakistan’s current surveillance regime—exemplified by the Lawful Intercept Management System (LIMS) and expanded powers under Section 54 of the Pakistan Telecommunication Act—operates in a legal grey zone, lacking judicial oversight and proportionality safeguards. Through an analysis of landmark cases such as Mohtarma Benazir Bhutto v. Federation of Pakistan and Justice Qazi Faez Isa v. President of Pakistan, the paper highlights systemic constitutional violations, including breaches of dignity (Article 14), freedom of speech (Article 19), and due process (Article 4). The study concludes with recommendations for a rights-respecting surveillance framework aligned with international standards, emphasizing judicial warrants, independent oversight, and data protection legislation.