Doxxing: A Cybercrime That Violates Data Privacy and Protection

Imagine your home address, phone number, or even sensitive financial details plastered across the internet for everyone to see. This act is called doxxing. 

What is doxxing?

Although, the word doxxing is not specifically mentioned in Cybercrimes (Prohibition, Prevention, etc) Act, 2015. But for the purpose of this Article, the definition used  by Sen Nguyen, a CNN journalist will be adopted. The definition of doxxing according to the International Encyclopedia of Gender, Media, and Communication, which was cited in one of their articles  (https://www.google.com/amp/s/amp.cnn.com/cnn/2023/02/07/world/what-is-doxxing-explainer-as-equals-intl-cmd/index.html) doxxing is the intentional revelation of a person’s private information online without their consent, often with malicious intent. This includes the sharing of phone numbers, home addresses, identification numbers and essentially any sensitive and previously private information such as personal photos that could make the victim identifiable and potentially exposed to further harassment, humiliation and real-life threats including stalking and unwanted encounters in person. (Sen Nguyen 2023).

Doxxing, the act of publicly disclosing an individual's private information without their consent, has become a prevalent form of cybercrime in the digital age. This unethical practice, which often includes revealing personal details such as addresses, phone numbers, and email addresses, not only violates an individual's privacy but also poses significant risks to their safety and security. In Nigeria, doxxing is explicitly addressed as a cybercrime under the Cybercrimes (Prohibition, Prevention, etc) Act, 2015, with specific sections providing legal recourse against such violations.

Section 24 of the Cybercrimes Act prohibits the sending of grossly offensive, pornographic, or menacing messages or matters through computer systems or networks. This provision also criminalizes the transmission of false messages for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will, or needless anxiety to another person. The penalty for committing this offense is a fine of not more than N7,000,000.00 or imprisonment for a term of not more than three years or both such fine and imprisonment.

Furthermore, Section 13 of the Act addresses computer-related forgery, encompassing the creation and dissemination of false electronic documents containing personal information. This provision not only criminalizes the act of fabricating personal data but also emphasizes the importance of safeguarding individuals' privacy rights in the digital realm. The penalty for committing this offense is a fine of not more than N7,000,000.00 or imprisonment for a term of not more than seven years or both such fine and imprisonment.

In addition, Section 22 of the Cybercrimes Act criminalizes identity theft and impersonation. This provision prohibits the fraudulent or dishonest use of electronic signatures, passwords, or any other unique identification feature of any other person. It also criminalizes the fraudulent impersonation of another entity or person, living or dead, with the intent to gain advantage for oneself or another person, obtain any property or an interest in any property, cause disadvantage to the entity or person being impersonated or another person, or avoid arrest or prosecution or to obstruct, pervert, or defeat the course of justice. The penalty for committing this offense is a fine of not more than N5,000,000.00 or imprisonment for a term of not more than seven years or both such fine and imprisonment.

The Cybercrimes Act, with its comprehensive provisions against doxxing and related offenses, serves as a crucial legal framework for upholding data privacy and protection in Nigeria. It not only establishes legal consequences for those engaging in doxxing but also underscores the fundamental importance of safeguarding individuals' personal information in the digital landscape.

In the broader context of data privacy and protection, the criminalization of doxxing under the Cybercrimes Act aligns with international efforts to safeguard individuals' privacy rights. Data protection laws worldwide, such as the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), emphasize the need to protect personal data from unauthorized disclosure and misuse. By addressing doxxing as a cybercrime, the Act contributes to the broader global conversation on data privacy and protection, reinforcing the principle that individuals have the right to control and protect their personal information.

In conclusion, doxxing represents a severe violation of data privacy and protection, and its criminalization under the Cybercrimes Act, 2015, reflects Nigeria's commitment to upholding individuals' privacy rights in the digital age. By explicitly addressing doxxing and related offenses, the Act serves as a vital instrument for combating cybercrimes that infringe upon data privacy, aligning with broader international efforts to protect personal information in the digital realm. The penalty for committing the offense of doxxing is a fine of not more than N7,000,000.00 or imprisonment for a term of not more than three years or both such fine and imprisonment.


Dada, Olumide Olumuyiwa LLB, ACIPM, HRPL


References

Cybercrimes (Prohibition, Prevention, etc) Act, 2015.

https://www.google.com/amp/s/amp.cnn.com/cnn/2023/02/07/world/what-is-doxxing-explainer-as-equals-intl-cmd/index.html

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