What constitutes doxxing under the statutory tort
The statutory tort for serious invasion of privacy covers the misuse of personal information where a person had a reasonable expectation of privacy in that information. Doxxing typically involves the deliberate publication of identifying details: home addresses, phone numbers, email addresses, workplaces, vehicle registration numbers, school locations of children, or other information that allows the plaintiff to be located or contacted.
The tort does not require the information to have been obtained unlawfully. Even information sourced from public records or social media may give rise to a claim if its collation and republication in a new context constitutes a serious invasion of privacy. The English Court of Appeal in Murray v Express Newspapers [2008] EWCA Civ 446 recognised that information may be private in context even where individual elements are publicly accessible. Australian courts are likely to consider this principle when applying the seriousness threshold under clause 7(1)(d) of Schedule 2.
Who can be sued
The statutory tort permits claims against any person, corporation, or government body. This is broader than the OAIC complaint pathway, which only covers APP entities (organisations with an annual turnover of more than $3 million, or certain other bodies). Doxxing is frequently carried out by individuals, and the statutory tort is the only federal civil remedy available against them.
Where doxxing is carried out by multiple people (for example, as part of a coordinated harassment campaign), each person who publishes or republishes the information may be liable. Platform operators may also face claims depending on their knowledge and conduct, although this area of the law remains untested.
The OAIC complaint pathway
If the person or organisation that published your information is an APP entity, you may also have the option of lodging a complaint with the Office of the Australian Information Commissioner (OAIC). This pathway is free and does not require a lawyer. However, it has significant limitations: the OAIC cannot award exemplary damages, cannot grant urgent injunctions, and complaint resolution is often slow. The OAIC pathway and the statutory tort are separate regimes. A person may pursue both, but the statutory tort is the stronger avenue where the invasion is serious and urgent relief is needed.
Overlap with defamation
Doxxing sometimes accompanies defamatory statements. Where private information is published alongside false and damaging allegations, a person may have both a privacy claim and a defamation claim. These are distinct causes of action with different elements, defences, and remedies. We act in both areas. Further information on the intersection of privacy and defamation law is available at defamationlawyer.au and on our invasion of privacy vs defamation page.
The limitation period
Claims under the statutory tort must be commenced within one year of the date the plaintiff became aware (or ought reasonably to have become aware) of the invasion, or three years from the date of the invasion, whichever is earlier. Extensions are available in limited circumstances, to a maximum of six years. If your personal details have been published online, the limitation period may already be running. Early legal advice is important. Further detail is on our time limits page.