USE OF OPEN INFORMATION BY PRIVATE DETECTIVES IN THE CONDITIONS OF DIGITAL TRANSFORMATION OF SOCIETY: LEGAL CHALLENGES AND PROSPECTS FOR THE PROTECTION OF HUMAN RIGHTS

Abstract

The article provides a comprehensive analysis of the use of open source intelligence (OSINT) in the activities of private investigators in the context of intensive digital transformation of society. The study aims to identify legal challenges related to access, collection, processing, and use of open sources of information, as well as to assess their impact on ensuring and protecting fundamental human rights and freedoms.

It characterizes the modern information landscape, which is shaped by public state registries, open data portals, social networks, mapping services, and other publicly available digital resources and portals. It has been established that the widespread use of OSINT significantly expands the tools of private detective work, increases the effectiveness of establishing facts, verifying information, analyzing social, property, and business connections, and also contributes to the speed of decision-making in private investigations. At the same time, it is emphasized that the growth in the volume of available information is accompanied by increased risks of violation of the right to privacy, illegal processing of personal data, disclosure of sensitive information, and potential threats to the security of individuals, especially in conditions of martial law and digital conflicts.

Based on a substantive analysis of the current legislation of Ukraine (the Constitution of Ukraine, resolutions and decrees, codes and laws of Ukraine), international legal standards, and the practice of the European Court of Human Rights, key problems in the legal regulation of OSINT practices have been identified, in particular the absence of a specific law on private detective activities, the uncertainty of the limits of permissible methods of collecting open information, and the insufficiency of mechanisms for control, accountability, and restoration of violated rights. The directions for improving the legal regulation of the use of open information by private detectives are substantiated, providing for the differentiation of categories of public data, the introduction of requirements for minimization, pseudo-anonymization, and storage of information, and the development of a licensing system, professional standards, and ethical principles for private detective activities, with a priority on balancing the effectiveness of investigations and the protection of human rights.