R6I guidance

Lawful OSINT Is More Than Finding Public Information

Access does not remove the need for authority, relevance, or care.

Open-source intelligence can assist investigations, verification, litigation support, and locating work. Its value depends on a lawful purpose, proportionate collection, reliable attribution, preservation, and clear limits.

Six controls make the work defensible.

1. Confirm authority

Identify the client, decision-maker, legal or operational purpose, and any restrictions on the engagement before searching for a person or organisation.

2. Define necessity

Set the question first. Public availability is not a reason to collect unrelated personal information or retain material that does not answer the brief.

3. Assess privacy

Collection must account for the Privacy Act 1988, the Australian Privacy Principles where applicable, platform terms, and any matter-specific legal duties.

4. Corroborate identity

A matching name, photograph, username, or location can be misleading. Attribution should be tested across reliable, independent indicators.

5. Preserve context

Record the source, time, access path, surrounding context, and any transformation. Distinguish direct observation from inference.

6. Report limits

Separate facts, analysis, and unresolved ambiguity. State what was not searched, what could not be verified, and what the material cannot prove.

Some requests should not proceed.

Purpose and proportionality first
  • No pretextingNo deceptive access or impersonation
  • No intrusionNo bypassing accounts or access controls
  • No harassmentNo stalking, intimidation, or family-violence risk
  • No overclaimingOnline material is assessed in context

The Office of the Australian Information Commissioner explains that personal information should only be collected where it is reasonably necessary for an organisation's functions or activities. Read OAIC guidance on APP 3. This guide is general information, not legal or privacy advice.

Start with purpose and authority.

A confidential call can establish the lawful commercial purpose, scope, jurisdiction, and safeguards before identifying information is shared.