IGF 2022 WS #224 Ethical and legal boundaries for OSINT practices

Description:

OSINT practices come in different forms, shapes, industries, and sectors, as open-source data is a key resource of public information across the online environment. Its use allows for the discovery of public interest information that remains a specially protected form of content as part of the right to freedom of expression and information. It is because of its availability that strategic information can be derived as part of online research, which allows for journalists, activists, and human rights defenders to gather information about public servants -who they are and what they do, in particular- and of other people that are of interest to our democracies. The more significant they are, especially being an elected representative or exercising a public function, the more they should be subject to, and tolerant of, the highest levels of scrutiny in accordance with the principles of democratic pluralism. At the same time, the privacy of personal data of journalists, activists, and human rights defenders is also a source of interest for governments and public figures. Whilst digital technologies have been central to the facilitation of the exercise of freedom of expression and the sharing of information, they have also greatly increased the opportunity for violations of the right to privacy. The discriminant collection, analysis, and storage of information of journalists, activists, and human rights defenders has deep consequences for their safety and the security of our democracies. OSINT practices without specific individual reasonable suspicion by state actors impinge on the very essence of the right to privacy. It has a chilling effect on the exercise of the right to freedom of expression and the right to hold and form an opinion by searching and accessing and disseminating information online. The search of individuals’ online accounts is often the first step to targeting them and continuing with other incompatible practices that violate the right of privacy, such as the collection of their metadata, any seizure of information, and/or their harassment. This panel will address the risks and challenges that OSINT practices carry around the world. It will first focus on the Latinamerican region, as presented in the report on the Legal Framework for OSINT in Latin America (expected to be published by July 2022), elaborated by former IACHR Special Rapporteur on Freedom of Expression, Eduardo Bertoni, at the request and with the support of CELE, Fundación Karisma and ARTICLE 19. It will later address the challenges regarding the use of OSINT and cyber patrolling practices by Governments and private actors around the world, focusing on the risks posed to privacy, freedom of expression, and other human rights in different contexts. Along with Eduardo Bertoni, the panel will be joined by Dr. Ksenia Bakina (Legal Officer at Privacy International) and Dave Maass (Director of Investigations at the Electronic Frontier Foundation).