Using Open, Public Data for Security Provision: Ethical Perspectives on Risk-Based Border Checks in the EU

Abstract

This article explores the use of open-source intelligence (OSINT) techniques as part of data-driven border checks in the EU. While the idea to group travelers into risk categories in order to differentiate the intensity of border checks has been criticized for its likely impact on privacy and other fundamental rights, the exclusive use of “open,” “public” data was proposed as an alternative that mitigates these issues. However, OSINT remains a rather vague term, as it is unclear what constitutes “open” or “public” data, how the use of such techniques would contribute to the production of security, and whether its use actually mitigates most ethical issues. The goal of this article is to contribute toward a situated answer to these questions. It will provide groundwork by clarifying what OSINT practices could entail in the context of the European border checks regime and by developing an ethical perspective on these practices. I will show that the impact depends not so much on the public availability of the analyzed data, but on the specifics of the implementation of OSINT techniques. Thus, certain uses of OSINT continue to raise severe privacy and fundamental rights issues.