Digital privacy laws are doing exactly what they were designed to do: give people more control over their personal information. That’s a good thing. Consumers shouldn’t have every detail of their lives easily scraped, packaged and sold freely without boundaries.
But for lawyers and investigators, this shift created a more complicated reality.
Information that once felt routine to access is now slower to obtain, harder to verify or no longer available through ordinary research channels. That doesn’t mean the information is gone. It means finding it often requires more sources, more time and a more thoughtful investigative strategy.
For years, attorneys and clients were accustomed to the speed of open-source intelligence (OSINT) and public-records databases. A basic locate, background check or ownership inquiry could often be turned around quickly. Today, stronger privacy protections, reduced data sharing and tighter access rules mean some information may require subpoenas, FOIA requests, in-person records checks or licensed investigators in specific jurisdictions. In cross-border matters, the challenges grow even more complex. What may be publicly accessible in one country may be restricted, unusable or legally sensitive in another.
This creates a double-edged sword: privacy protections help shield consumers from misuse of their personal data, but also make it easier for bad actors to hide assets, obscure identities, avoid debts or use shell companies to make business connections harder to trace. In some cases, the cost and time required to pursue the information can discourage parties from moving forward at all, especially in fraud, debt collection or tenant-related disputes where the amount at stake may not justify a long, expensive search.
Corporate transparency is also impacted significantly. In the U.S., certain states have long made it easier to obscure beneficial ownership. Internationally, privacy regimes can create even more barriers around ownership records, business affiliations and financial connections. Beneficial ownership information is often critical in disputes involving fraud, money laundering, asset tracing or conflicts of interest.
The biggest mistake lawyers make is assuming traditional research platforms still provide a complete picture. They don’t.
Every database has gaps because each relies on different vendors, sources and access rules. A single platform may miss records appearing elsewhere, or overlook information only available through a local clerk’s office, a jurisdiction-specific search or an in-person records request.
Reduced data access can also create imbalances in litigation. Parties with more resources may be able to afford specialized tools, deeper research and longer timelines, while smaller litigants may not. In some areas, law enforcement or government users may have access to tools private parties or defense teams cannot use, creating additional concerns about fairness and access to information.
For law firms, the takeaway is: diligence and investigations need to evolve alongside privacy laws. Legal teams shouldn’t wait until a matter stalls to think about what information is available, what may be restricted and what alternative paths exist.
That’s where Legalis can help. Our work is not just about collecting information. It’s about assessing what can be found, identifying the most effective path to getting it and helping lawyers set realistic expectations with clients. As privacy laws continue changing, legal intelligence support will become even more important to building stronger cases, avoiding blind spots and understanding the facts behind a dispute.
From litigation and real estate disputes to corporate M&A, contact us today to learn how Legalis can provide the 360-degree intelligence to support your strategy.