It will become punishable to share another person's personal data with the intention of intimidating them. The Senate passed the bill to criminalize the use of personal data for harassing purposes - also known as doxing. The law is expected to take effect Jan. 1, 2024.
The phenomenon of doxing is common. Personal information, such as addresses and phone numbers, as well as private information about family members, is circulated in app groups so that it can be used to frighten someone. This has a great impact on the people who are being harassed in this way. They fear for their safety and that of their loved ones. They can no longer express their opinions without concern. Or they are no longer able to perform their functions. This affects our fundamental freedoms, and the functioning of our democratic rule of law.
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 spreading or forwarding their personal data with the aim of intimidating them. Previously, the House of Representatives and employers such as the police have also expressed concern about their employees and have called for a criminal justice approach to this problem. Doxing is not limited to certain professions; people can face this for all sorts of reasons. Consider, for example, someone posting a photo and phone number of an ex-partner on a dubious online forum to instill fear in them.
Justice and Security Minister Yeşilgöz-Zegerius: "From our aid workers, police officers and others who in any way work for our free society stay away! Spreading private data to scare another person is really unacceptable. Journalists, scientists and politicians should always be able to speak freely. We cannot and must not accept that families no longer feel safe at home. I am therefore pleased that the Senate also agrees with this bill and that we draw a line together: everyone can become a victim of doxing and must be able to be protected against it."
Much harassing behavior is already punishable. Examples include threats and stalking. In practice, however, harassment through the use of personal data is often not punishable under criminal law. For example, because there is no threat of a serious crime or a systematic invasion of the privacy of the person involved. Obtaining, distributing or otherwise making available identifying personal data of another person or a third party with the intention of causing fear to that other person, causing serious nuisance to that other person or causing serious hindrance to that person in the performance of his or her duties or profession is punishable by a maximum term of imprisonment of two years or a fine of up to 22,500 euros. The maximum prison sentence is increased by one-third in the case of doxing with respect to persons with a particular profession, such as mayors, politicians, judges, lawyers, journalists and police officers.
With the new law, police and Openbaar Ministerie have broader possibilities to act against doxing. The victim can also initiate civil proceedings himself if it is known who posted the contested content online. Compensation and taking the illegal content offline can then be demanded. If the perpetrator is not known, a report can also always be made to the intermediary hosting the content. Intermediaries such as providers and online platforms have a role to act if they are aware that their platforms or servers are hosting criminal or unlawful content.
