Can Exposing Someone's Address Become a Crime? Explaining How to Identify Posters

“I never imagined my personal address would be exposed online,” “Isn’t this a crime?”

When faced with such a nightmarish situation, anyone would be struck by fear and anxiety. However, there is no need to panic. By responding calmly, you can minimize the damage and pursue legal accountability for the perpetrator.

This article provides a detailed explanation of the specific measures to take when your personal address is exposed online and how to identify the poster. Additionally, we will discuss why consulting with an attorney is essential. If you are currently facing this fear, please do not bear it alone. Use this article as a reference and seek the help of a professional.

Is It a Crime if Your Address Is Identified and Exposed Online?

When your personal information, such as your home address, is exposed on the internet, there is a risk that this information could be misused, potentially causing harm to your real-life circumstances. As a result, it’s commonly believed that such an act would “naturally be a crime.” However, to legally hold someone accountable, various criteria must be met.

In this article, we will thoroughly explain the instances in which the exposure of a specific address on the internet is considered a crime and when it is not.

Not Recognized as a Crime Under Criminal Law

The act of disclosing someone’s name or address is not treated as a crime under criminal law. This is because there is a principle that only acts explicitly defined as crimes by law can be prosecuted, a concept known as the “principle of legality.”

Even if the disclosure of a name or address is considered an unpleasant act, it does not correspond to any crime specified by law. Cases claiming defamation are often heard, but defamation requires the essential element of lowering social reputation, and thus, merely disclosing a name or address typically does not constitute defamation.

However, if the disclosure of a name or address is accompanied by other criminal acts (such as threats or stalking), it may be subject to prosecution under a different crime.

Infringement of Privacy Rights is Recognizable

Personal information such as names and addresses should be protected as privacy, and if disclosed without the individual’s consent, it may be recognized as an infringement of privacy rights.

Even if it does not constitute a criminal offense under the Japanese Penal Code, the infringement of privacy rights can be considered a tort under civil law, potentially leading to claims for damages.

In particular, the publication of an address on the internet is one of the cases that is likely to be recognized as an infringement of privacy. However, the amount of compensation awarded for the mere publication of an address or name is not typically substantial.

Furthermore, to pursue a claim for damages, it is necessary to identify the poster. This requires a procedure to disclose the sender’s information, which is not an easy process for those without legal knowledge.

The right to privacy is one of the fundamental human rights based on the Constitution of Japan. For more details, please refer to Article 13 of the Constitution of Japan.

Reference: Constitution of Japan[ja]

Cases Where Infringement of Privacy Rights May Not Be Recognized

While privacy rights are crucial, the disclosure of personal information does not always constitute an infringement. There are cases where the violation of privacy rights may not be recognized, such as:

1. When the individual has consented to the disclosure of information: If there is consent from the person concerned, it does not amount to an infringement of privacy rights.
2. When the disclosed information has public significance and serves the public interest: For example, if the information is socially important, such as suspicions of corruption involving a politician, its disclosure may be considered to serve the public interest.
3. When there is a legitimate reason for the disclosure of information: If a media organization discloses information as part of legitimate journalistic activities, and there is a valid reason, it does not infringe on privacy rights.
4. When the public’s right to know outweighs the individual’s interest in not having their privacy information disclosed: This particularly applies to information with high public and social importance. For instance, an individual’s criminal record may often be disclosed without infringing privacy rights if the public’s right to know is deemed more important.

Especially with information that has high public and social importance, the conflict between privacy rights and the public’s right to know presents a complex issue. An individual’s criminal history is a prime example where disclosure does not necessarily lead to an infringement of privacy rights.

Privacy rights are essential, but they are not always protected unconditionally. It is necessary to understand instances where privacy rights may be limited based on the content of the information and the circumstances of its disclosure. For more information on privacy rights, please refer to the following article.

Related article: A Thorough Explanation of Privacy Rights: The Three Elements of Infringement[ja]

How to Handle the Publication of Your Personal Address Online

If your personal address has been exposed online, it’s crucial to know how to respond effectively. The key measures include “requesting removal,” “identifying the poster,” and “seeking damages (compensation and emotional distress damages).”

Requesting the Removal of Personal Information from Published Media

If your personal information, such as your address, is exposed online, the first step you should take is to request the removal of that information from the medium where it is published (such as social media, message boards, websites, etc.). Many sites have terms of service that prohibit the posting of personal information. If you make a removal request in accordance with the site’s rules, there is a high likelihood that it will be honored.

The procedures and rules for removal requests vary by site. First, check the terms of service of the site where the problematic post is located, and follow the method for removal requests as outlined there. In many cases, a dedicated form for removal requests is provided.

When making a removal request, please specify the following details:

• The URL of the post where your address is exposed
• Proof of your address (such as a driver’s license)
• The reason why you want the post removed

While some sites may take time to respond, it is important to be persistent in your request for removal.

Identifying Posters through Requests for Disclosure of Sender Information

To hold accountable the person who has exposed an address online, it is first necessary to identify the poster. Commonly, this involves requesting the disclosure of information from both the site where the posting occurred and the provider used by the poster.

The procedure for a request for information disclosure is a legal process through the courts, and it can be difficult to handle individually. Please consult with a lawyer and receive professional support.

The process for identifying the poster is as follows:

1. Request for disclosure of the poster’s IP address on the site where the address was exposed: First, request the disclosure of the poster’s IP address from the site where the posting occurred. Depending on the site, a provisional disposition order from the court may be required.
2. Identification of the provider from the IP address: Identify the provider that the poster is using from the disclosed IP address.
3. Request for disclosure of the poster’s personal information from the provider: Request the disclosure of the poster’s personal information (such as name and address) from the identified provider. In most cases, a court judgment is required here as well.
4. Identification of the poster: Identify the poster from the disclosed information.

After October 1, Reiwa 4 (2022), the procedures for requests for disclosure of sender information have been simplified due to the amended Japanese Provider Liability Limitation Law, reducing the burden on the victims’ side. Identifying the poster is extremely important for taking legal actions such as claims for damages. Please proceed with the appropriate procedures with the support of a specialist. For more details on the request for disclosure, please refer to the following article.

Related article: Explanation of the “Order for Disclosure of Sender Information” cases starting from October 1, Reiwa 4 – Streamlining the Identification of Posters[ja]

Seeking Compensation and Damages for Civil Liability

If your privacy has been violated, you may claim compensation and damages for the emotional distress and financial losses incurred due to the infringement.

Especially in cases where personal information such as addresses is repeatedly posted, or actual harm has resulted from the disclosure, seeking compensation and damages can serve as a deterrent. If you have suffered a privacy violation, we recommend consulting with an attorney to take appropriate action.

Key Points to Consider When Pursuing Legal Responsibility for Address Disclosure

If you have been victimized, it is possible to identify the poster’s address and pursue legal responsibility, but it is not always straightforward. We will explain the important points to consider when seeking legal accountability.

It Takes Time to Pursue Posters Who Disclose Addresses

To identify and hold legally responsible a poster who has disclosed an address online, it is necessary to request the disclosure of sender information from the provider.

However, this process takes time, and it is common for it to take approximately six months to a year from the request for disclosure of sender information to the identification of the poster. Since the procedure requires going through the courts, it inevitably takes time.

On the other hand, the period for which providers typically store communication logs is about three to six months. For mobile phone companies, this period tends to be even shorter, with logs being kept for only about three months.

This means that to identify a poster, one must initiate a request for the disclosure of the IP address as soon as possible after the post. If the period for storing communication logs has passed, it becomes extremely difficult to identify the poster.

Consult a Lawyer if the Act is Not Recognized as a Criminal Offense Under the Penal Code

As mentioned earlier, disclosing an address on the Internet constitutes an invasion of privacy, but it is not recognized as a criminal offense under the penal code. Therefore, it is usual that the police will not accept a complaint about such an incident.

Dealing with privacy invasion requires many legal procedures, such as requests for disclosure of sender information and claims for damages, so consulting a lawyer with specialized knowledge is the quickest way to a resolution. While it is possible for individuals to carry out procedures such as information disclosure requests, without legal knowledge and experience, the process can become complicated or result in insufficient outcomes.

Consulting a lawyer can provide you with various forms of support, including:

• Choosing the appropriate legal measures for the situation
• Handling complex procedures on your behalf
• Negotiating with the offender
• Support for claims for damages

If you are troubled by your address being disclosed online, please consult a lawyer first and receive professional advice.

Summary: Consult a Lawyer if Your Specific Address is Made Public

Having your address or other personal information exposed online is a violation of privacy and is never acceptable. Immediate action is necessary, so first, remain calm and try the remedies introduced in this article.

1. Request for Removal from the Published Medium: Most websites have terms of service that prohibit the posting of personal information, so your first step should be to request the site operator to remove it.
2. Identification of the Offender through a Disclosure Request for Sender Information: To identify the perpetrator and take legal action, such as a claim for damages, a disclosure request for sender information is essential. Prompt action is key.
3. Claims for Compensation and Consolation Money as Civil Liability: You can claim compensation and consolation money for mental distress and financial loss.

If you find it difficult to handle the situation on your own, do not hesitate to consult a lawyer. A lawyer can propose the most suitable solution tailored to your situation. In particular, lawyer support is indispensable in the following cases:

• When the procedure for an information disclosure request feels complicated
• When negotiations with the offender are challenging
• When you are unsure about the procedure for claiming damages

Infringement of privacy online is a serious issue. Do not suffer alone; seek the assistance of professionals and take appropriate action.

Guidance on Measures by Our Firm

Monolith Law Office is a law firm with extensive experience in both IT, particularly the internet, and legal matters. In recent years, information related to reputational damage and defamation spread online has caused serious harm as a ‘digital tattoo.’ Our firm provides solutions to combat these ‘digital tattoos.’ Please refer to the article below for more details.

Areas of practice at Monolith Law Office: Digital Tattoo[ja]