A year has passed since the disclosures about the Pegasus Project revealed the threat to India’s democracy. A leading digital news platform reported that the cellphones of at least 300 Indians had been hacked with Pegasus, the spyware from the Israel-based NSO Group; 10 of the cases were confirmed by Amnesty International’s Security Lab using forensic analysis. The victims, important members of India’s constitutional order, included cabinet Ministers, Opposition leaders, journalists, judges and human rights defenders.
India has been aware of the existence of Pegasus since October 30, 2019 when WhatsApp confirmed that the spyware has been used to exploit a vulnerability in its platform to target activists, academics, journalists and lawyers in India. Since then, NSO has been able to advance its technology, and Pegasus can now infect devices without any action on the user’s part. Considering the severity of the threat posed by these disclosures, and the credibility of the evidence which backs them, it is important to examine how each branch of the Indian state has responded, or failed to respond, in protecting the privacy of citizens.