News item | 25-02-2022 | 18:30
Sharing personal data to intimidate someone, also known as doxing, must be punishable under criminal law. Think of sharing personal data to scare someone. That is why Minister Yeşilgöz-Zegerius (Justice and Security) is sending a bill on this to the Council of State for advice. The phenomenon whereby address details are shared in chat groups, after which, for example, someone is frightened at home, has grown enormously in recent years. The victims feel unsafe and intimidated.
Often it is aid workers, police officers, journalists and politicians who become victims of doxing. But scientists, opinion makers or employees of municipalities also have to deal with people who distribute or forward their personal data with the aim of frightening them. Previously, the House of Representatives and employers such as the police have also indicated that they are concerned about their employees and have argued for a criminal law approach to this problem.
“You stay away from aid workers, agents, journalists and other people who are committed in any way to our free society. Within that free society we cannot tolerate that some people think they have to intimidate others by spreading their private information. At home, you and your family should be safe. You must be able to speak freely at all times. And you must be able to do your work unimpeded. That is why we draw the line here and lay down in law that we do not accept this. Online platforms also know that they must act and cannot leave this behavior unanswered. And whoever crosses that border deserves punishment. †
said Minister Yeşilgöz-Zegerius.
A lot of intimidating behavior is already punishable by law. Think of threats and stalking. In practice, intimidation by sharing personal data can often not be dealt with under criminal law. For example, because there is no threat of a serious crime or a systematic invasion of the privacy of the person concerned. With the bill that Minister Yeşilgöz-Zegerius sends to the Council of State for advice, the police can intervene earlier. It is also clear for internet platforms that they have a role to act against this, for example by removing or making the content inaccessible. After the Council of State has given advice, the bill will be presented to the House of Representatives as soon as possible.
To provide, disseminate or otherwise make available identifying personal data of another or a third party with the intent to intimidate, cause or cause serious nuisance to or seriously hinder that other person in the exercise of his office or profession, is subject to a maximum prison sentence of one year. The new section of the law explicitly provides that people who can assume in good faith that the disclosure of data is in the public interest are not punishable by law. It cannot therefore be invoked against journalists and whistleblowers who disclose news facts and abuses.
The bill from Minister Yeşilgöz-Zegerius is expected to give the police and the Public Prosecution Service a firmer basis to act against doxing. The victim can also initiate civil proceedings themselves if it is known who posted the offending content online. Compensation and the removal of the illegal content offline can then be demanded. If the perpetrator is not known, a report can be made to the intermediary that hosts the content. Intermediaries such as providers and online platforms have a role to act if they are aware that their platforms or servers contain illegal or illegal content.