Doxxing and Privacy Reform

The Australian Human Rights Commission (Commission) has provided a submission to the Public Consultation on Doxxing and Privacy Reforms (Consultation).

Privacy reform

It is important to ensure that there is consistency between any reforms that target doxxing and the broader suite of Privacy Act 1988 (Cth) (Privacy Act) reforms that are currently being progressed. 

However, there is no definitive timeline that has been provided for the finalisation of the proposed Privacy Act reforms. There is a risk of delaying the introduction of necessary measures to address the practice of doxxing.

The Australian Government should ensure that any reforms that target doxxing are enacted alongside the broader suite of Privacy Act reform, and not ahead of it.

Doxxing and human rights

Doxxing can result in an individual’s name, home or email address, phone number, images, and contact details for family members, employers and other information being disclosed.

Doxxing may also result in the disclosure of ‘sensitive information,’ which can include information or opinions about an individual’s racial or ethnic origin, political opinions, religious beliefs, sexual orientation, and/or health. Commonly, this information is used by individuals and groups to attack, harass, and humiliate targeted individuals.

Doxxing impacts various human rights, most directly the right to privacy,12 which is a cornerstone human right. Doxxing can also violate several other rights, including the rights to equality and non-discrimination, life, security, and health, and can undermine human dignity.

Civil penalty for doxxing

Civil penalties must be proportionate to the harm incurred by individuals and organisations, including their executives. Regard may be had to the type of doxxing (i.e. deanonymizing, targeting, delegitimising) as well as the nature and severity of harm to victims of doxxing.

Legislators should also refrain from imposing unduly high thresholds for degrees of harm suffered, such as requiring proof of ‘psychiatric injury’, which curtails protections for victims of doxxing who suffer other harms such as embarrassment and emotional distress. Such high thresholds can become a barrier to accessing justice.

Introducing civil penalties may provide individuals with greater recourse to remedies for harms suffered as a result of doxxing. However, the exact language and details of the proposed civil penalties would need to be further considered.

Recommendations 

The Commission makes seven recommendations to the consultation. Please download the submission to read all recommendation in full.