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Government announces measures in the event of misuse of personal data

Many people were hopeful when the Internet was introduced for private use. Everyone around the world in contact with each other and the cumulative wisdom of all previous generations. It couldn’t go any other way. Now the internet certainly has advantages, but there are also dangers. The law has long lagged behind when it comes to these developments. However, from January 1, 2024, another loophole will be closed. From that date, people who undesirably distribute personal data, specifically for intimidation, are punishable.

Senate agrees

The bill has now been adopted by the Senate, where a number of members of parliament will certainly benefit from the entry into force of the law. This, for example, makes the distribution of personal data such as addresses, telephone numbers, but also private information about family members with the aim of intimidating someone punishable. The publication announcing the law refers to this behavior as doxing.

Specifically, the concern that aid workers, police, journalists and politicians are no longer able or dare to perform their work due to such intimidation is mentioned as a reason for adopting the law. According to the government, scientists, opinion formers and employees of municipalities are also frequently confronted with online intimidation. For example, by spreading a home address on app groups. Public figures are increasingly threatened. For example, Sigrid Kaag was “visited” at home last year by a Qanon supporter. This loosely affiliated group primarily operates online.

Not just for celebrities

But the law isn’t just for those with a Wikipedia page. Jan Modaal is also experiencing the consequences of a terminally online society. Swatting, especially popular in the US, is when you send the police to someone’s house, for instance as an act of revenge. It’s especially a problem for streamers whose personal details have been dug up. In this way, the perpetrators can see their victim being assaulted on live “TV”. As said, mainly a problem in the US, where the police are more fanatical, but there are also Dutch how-to guides online that help you prevent it.

Another example mentioned is the distribution of a photo or telephone number of an ex-partner. Placing such data on certain online forums will certainly lead to nuisance, and can therefore be used as an intimidation tactic. Undesired distribution of sexual images will also be punishable, but under a different law. The Sexual Offenses Act was recently adopted by the House of Representatives.

Doxing is really unacceptable

Dilan Yesilgoz, Minister of Justice and Security Image: ©RVD – Valerie Kuypers and Martijn Beekman

Minister Yesilgöz-Zegerius of Justice and Security was clear about her opinion. “You don’t touch our aid workers, agents and others who are committed to our free society in any way!” According to her, the law should mainly serve to ensure that people in the public sphere retain the feeling that they can speak freely. Yet she mentions that it is a law for everyone. “Anyone can become a victim of doxing and should be able to be protected against it.”

According to the law, there will soon be penalties for “providing, distributing or otherwise making available identifying personal data of another or a third party with the aim of frightening that other person or causing them to cause serious nuisance. or seriously hindering the performance of his office or profession, or causing him to be seriously hindered…” This carries a maximum fine of 22,500 euros or a maximum of two years in prison. The maximum prison sentence is increased by a third if, for example, it concerns a mayor, politician or journalist.

The Dutch government is not concerned about online threats for the first time. For example, 2nd chamber chairman Bergkamp previously called on Twitter to act against this.

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