might be 110 soon.
Switzerland does not have a specific federal "doxxing" law, but unauthorized sharing of personal information is strictly prosecuted using a combination of the Federal Act on Data Protection (FADP), the Criminal Code (SCC), and civil personality laws. [1, 2, 3, 4]
The main legal mechanisms used to address and penalize doxxing include:
1. Data Protection Laws
2. Criminal Code (SCC)
Knowledge and the "Notice-and-Takedown" Rule
Switzerland does not have a specific federal "doxxing" law, but unauthorized sharing of personal information is strictly prosecuted using a combination of the Federal Act on Data Protection (FADP), the Criminal Code (SCC), and civil personality laws. [1, 2, 3, 4]
The main legal mechanisms used to address and penalize doxxing include:
1. Data Protection Laws
- FADP Violations: The revised Federal Act on Data Protection (nFADP) regulates the processing of personal data. Disclosing non-public, sensitive personal information without authorization can lead to heavy fines. [1, 2]
- Damages & Injunctions: Under Article 28 of the Swiss Civil Code, victims can seek court orders to stop the publication of data, demand the deletion of exposed information, and sue for financial compensation or moral damages. [1, 2, 3]
2. Criminal Code (SCC)
- Obsessive Harassment (Stalking): A standalone stalking offense (Article 181b) allows authorities to prosecute persistent online and digital harassment, including doxxing and unwanted tracking. [1]
- Obtaining Data Without Authorization: Article 179novies criminalizes obtaining "particularly sensitive personal data" that is not publicly accessible (e.g., medical files, internal employee records). [1]
- Defamation & Coercion: If doxxing is accompanied by threats, extortion, or the intent to ruin someone's reputation, perpetrators can be prosecuted under coercion, defamation, or slander provisions. [1, 2]
- Data Theft: Article 143 deals with unlawfully acquiring electronically stored or transmitted data that is secured against unauthorized access. [1]
Knowledge and the "Notice-and-Takedown" Rule
- Civil Liability: Under Article 41 of the Swiss Code of Obligations (tort law) and personality protection laws, a host can face contributory civil liability if they have "actual knowledge" of a privacy/personality violation and fail to take swift action to block or remove it. [1, 2, 3, 4]
- Once a victim or authority sends a formal, clear notice detailing the illegal doxxing content, the provider must act rapidly to maintain its immunity. [1]
