Intelligence based on open sources (OSINT) in Argentina: a diagnosis on its use by the State.

During the years 2022 and 2023, CELE coordinated an investigation, carried out by a consortium of Latin American organizations, about the use of Open Source Intelligence (hereinafter OSINT) by states for surveillance purposes. in Argentina, Brazil, Colombia, Mexico and Uruguay. OSINT can be understood as the collection and analysis of information collected from open (and publicly available) sources for the production of actionable intelligence.

El document that is shared here is the product of the investigation that CELE carried out on the use of OSINT in Argentina, prior to the preparation of the regional report, which is close to being published.

The practice of OSINT by the State without being subject to specific regulations or general standards has negative implications for human rights, mainly with regard to privacy and freedom of expression. In recent years there have been some attempts to regulate the practice of OSINT by the national government, which have failed mainly for not complying with international human rights standards or being respectful of domestic law.

Although most of the public agencies consulted have indicated that they do not carry out OSINT, throughout this investigation numerous specific instances have been identified in which different Argentine state agencies have used it for surveillance purposes.

The work that is shared describes the legal framework applicable to the use of OSINT in Argentina by the state for surveillance purposes, analyzes the compatibility of these rules and the practice itself with International Human Rights Law, documents the various instances in which its performance was detected and finally establishes a series of conclusions and recommendations based on the analysis developed and the documented cases.