Legal Question in Technology Law in Australia
Personal info posted online, email address mailbombed.
Recently someone has been posting up my personal information (namely my address) on an internet forum.
This person has also subscribed my email to hundreds of newsletters. I have contacted most of the newsletter services in attempt to get my email removed.
The attack is completely unprovoked, I don't know how the user discovered my address.
Is there any legal action I can take against this person? I am working with these newsletter sites to uncover his IP address so I can contact his ISP.
A quick response would be greatly appreciated. I am getting more and more spam every day and am concerned about where my personal information is being published.
1 Answer from Attorneys
Re: Personal info posted online, email address mailbombed.
Under Australian law, there is no general right of privacy. The Privacy Act only applies to Australian governments, and businesses. Other than that, only commercially confidential and copyright information is protected. If the person who has been posting your personal information is an individual rather than a business then they have not broken the law, and if they are overseas there is even less you can do about it.
However an alternative angle might be to take out a restraining order against the person if they are Australian and preferably from the same State as you. This could result in a court order against them to prevent them from harrassing you. Your local courthouse may have a Justice of the Peace who can help you to take out a restraining order once you have the person's details. If they are outside your State, then the procedure becomes more complicated and might not be worth pursuing.
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