When Open-Source Information Backfires: Satellite Imagery and Privacy Breaches

When Open-Source Information Backfires: Satellite Imagery and Privacy Breaches

Open-source intelligence increasingly relies on new
technologies to collect, process, and analyze open-source
information. The enhancement of satellite imagery capabilities aligns with this goal, providing valuable data from hidden areas that are not easily recognizable. Giving more room to the private sector to invest and innovate in the satellite imaging industry results in remarkable achievements in the size of satellites, the quality of images, pricing, and accessibility of data. High- resolution images and potential live videos of the Earth can foster non-state open-source investigations, resulting in a multiplicity
of narratives, where public interest exists. Nonetheless, privacy concerns should not be overshadowed by technological
developments. The possible clashes between privacy and satellite imagery might be exacerbated if high-resolution images become widespread and the number of commercial satellite operators multiplies in territories with varying privacy laws. This Article considers privacy laws in Australia, the European Union, and the United States to examine to what extent these legal systems can minimize privacy breaches. It is contended that reasonable expectations of privacy can be an effective test to curb the
publication of images infringing on individual privacy.

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