OSINT for lawyers — open sources as a powerful legal instrument

OSINT: the undervalued instrument in legal practice

Open Source Intelligence (OSINT) — the systematic collection and analysis of publicly available information — is one of the most powerful instruments available to lawyers. Yet the potential of OSINT in Dutch legal practice is still far from fully exploited. Many lawyers are aware of online search possibilities but lack the methodology and experience to deploy OSINT effectively and in a legally sound manner.

Europol has extensively expanded OSINT as a standard investigation method in recent years and regularly publishes on its applications in criminal and civil investigations. The insights and methods used by law enforcement agencies are, in adapted form, also applicable in legal practice — from locating hidden assets to verifying witness statements.

A professional OSINT investigation by an experienced investigation agency provides lawyers with a structured, reproducible and legally admissible information source that can make the difference in proceedings.

What is OSINT and which sources are used?

OSINT encompasses all information that can be legally collected from publicly accessible sources without infringing on privacy or confidentiality. It is emphatically not about hacking accounts or intercepting communications, but about intelligently combining available data.

The sources used in OSINT investigation include:

• Trade registers and corporate records including annual accounts and director history
• Land Registry and property records for ownership, mortgages and transactions
• Public registers such as bankruptcy, guardianship and sanctions lists
• Social media profiles, publications, connections and archived content
• News archives and media for patterns or prior controversy involvement
• Geocoding and image analysis for location and metadata verification

Academic research from Leiden University confirms that OSINT as evidence is increasingly accepted by judges, provided the investigation was conducted in a methodologically sound manner and the origin of the information is documented.

Applications of OSINT in legal practice

The deployment possibilities of OSINT for lawyers are broad. The following applications occur most frequently in our practice:

• Asset tracing to map property, participations and vehicle registrations
• Due diligence and background checks on parties in acquisitions or disputes
• Witness and party investigation to verify identity and credibility
• Fraud investigation tracing money flows and straw man constructions
• Employment law evidence for non-compete or confidentiality breaches
• Intellectual property tracing of counterfeits and trademark fraud online

Why outsource to an investigation agency?

While lawyers can in principle conduct OSINT investigation themselves, there are strong reasons to outsource this to a specialised investigation agency:

• Methodological expertise using validated tools and systematic techniques
• Legal admissibility through POB-licensed collection within the legal framework
• Reproducibility with traceable sources, timestamps and search queries
• Depth analysis using professional tools and databases beyond public access
• Objectivity through an independent report free from partiality

Practical example: hidden assets in divorce proceedings

A family law attorney engaged SAJ Recherche to investigate suspected hidden assets in divorce proceedings. Our OSINT investigation revealed via trade registers that the husband was a director of two foreign companies omitted from the estate description, and these companies owned multiple properties abroad. Social media analysis showed a lifestyle inconsistent with his declared income, including travel and vehicles pointing to far greater spending capacity. The report enabled the attorney to ask targeted questions in court and seize the foreign assets, resulting in a significantly more favourable division for the client.

OSINT as standard in your practice

In an era where ever more information is digitally available, no lawyer can afford to ignore OSINT. Open source intelligence can make the difference between winning and losing a case.

Want to know what OSINT can mean for your case? Contact SAJ Recherche for a confidential consultation.