The Constitutionality of Drone Surveillance: An Appraisal

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.