Abstract:
This research critically examines the constitutionality of drone surveillance, a rapidly
evolving issue at the intersection of law, technology, and human rights. As drone
technology increasingly permeates areas such as law enforcement, border security, and
public safety, it poses significant challenges to constitutional principles, particularly
privacy, freedom of movement, and due process. This study explores how different
jurisdictions—such as the United States, the European Union, and South Asia—
navigate the legal and ethical implications of drone surveillance, focusing on their
approaches to balancing technological innovation with fundamental rights. In the
United States, judicial interpretations of the Fourth Amendment have laid the
groundwork for addressing aerial and digital surveillance, while the European Union's
emphasis on proportionality and privacy under the General Data Protection Regulation
(GDPR) offers a robust regulatory model. In contrast, South Asian countries, including
India, Pakistan, and Bangladesh, grapple with fragmented or underdeveloped legal
frameworks that often fail to adequately protect citizens’ rights. This appraisal
highlights critical gaps in the regulatory frameworks of developing countries,
particularly in ensuring accountability and transparency in drone operations. It argues
for harmonizing domestic laws with international privacy standards and calls for
comprehensive legal reforms to safeguard constitutional values in the face of emerging
surveillance technologies. By synthesizing legal, judicial, and policy perspectives, this
research contributes to the broader discourse on maintaining a balance between state
interests and individual rights in an era of unprecedented technological surveillance.
