News item | 08-07-2022 | 15:11
The use of personal data to intimidate someone, also known as doxing, must be punishable under criminal law. Think of sharing personal data to scare someone. 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 bill to criminalize the use of personal data for intimidating purposes was sent to the House of Representatives today. Minister Yeşilgöz-Zegerius (Justice and Security) previously received the advice of the Council of State on this.
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. This is not limited to certain professions, people can face doxing for all sorts of reasons. For example, think of someone who puts a photo and phone number of an ex-partner on an online forum to frighten them.
“You stay away from aid workers, officers and others who are committed in any way to our free society. Distributing private information to frighten another is really unacceptable. Journalists, scientists and politicians must continue to be able to speak out freely and do their work unimpeded. We cannot and must not accept that families often no longer feel safe at home. We therefore draw a line with this bill: anyone can become a victim of doxing and must be able to be protected against it.”
said Minister Yeşilgöz-Zegerius.
Much intimidating behavior is already punishable by law. Think of threats and stalking. In practice, intimidation through the use of 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. This bill allows the police to 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.
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 performance of his duties or profession, will be subject to a maximum imprisonment of one year or a fine of up to 9,000 euros. The new article cannot be invoked against journalists and whistleblowers who disclose news facts and abuses in good faith because they do not intend to intimidate.
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.