The tussle between law enforcement agencies (LEAs) and technology companies over the power to access communications, either in real time or post facto is not new. However with the advent of accessible technologies and the internet, the issue of balancing privacy and surveillance for national security concerns has entered the mainstream conversation. This paper aims to elucidate the contemporary debates around the ‘balancing act’ between national security surveillance (both pre and post facto) and the civil liberties of people, and traces the development of privacy as it is understand now. This paper analyses the legal development of a right to privacy in India and USA, and finally aims to find framing for a good privacy legislation.