Harrassment
What does harassment mean?
Harassment refers to repeated, unwanted conduct, verbal, physical, or digital, that causes distress, fear, or harm to another person. In the context of data privacy and accessibility, it includes digital harassment (cyberbullying, stalking, or spamming) that exploits personal data or targets individuals with disabilities or other vulnerabilities.
How does harassment work?
In privacy compliance, harassment may involve using collected personal data (like phone numbers, emails, or location data) to repeatedly contact, threaten, or intimidate someone. For accessibility, harassment can occur when individuals with disabilities are singled out, mocked, or excluded from digital experiences or communication due to a lack of inclusive design.
Harassment may violate laws like the General Data Protection Regulation (GDPR), Americans with Disabilities Act (ADA), and local anti-harassment or hate speech laws. It can occur via websites, apps, contact forms, or even within cookie banners or AI chat tools if used abusively.
Harassment is not just a social issue, it’s a legal risk. Businesses that don’t take steps to detect, prevent, or respond to harassment on their digital platforms may face:
- Fines for data misuse under privacy laws (e.g., GDPR, CCPA).
- Lawsuits from users for failing to provide a safe and inclusive environment.
- Damage to brand reputation, particularly if vulnerable users are targeted.
Laws like the EU Digital Services Act, ADA (Americans with Disabilities Act), Title VII of the Civil Rights Act, and whistleblower protections require companies to prevent and address harassment. Failure to act can lead to lawsuits, regulatory investigations, reputational damage, and loss of user trust. Understanding how to design harassment-free experiences is key to building trust and fostering inclusive, legally sound digital services.
FAQs about harassment
Yes. If someone uses personal information (like a user’s email or IP address) to repeatedly target them with unwanted or threatening messages, that may qualify as harassment, and potentially a violation of privacy laws.
Yes. Under regulations like GDPR and ADA, organizations are expected to safeguard users’ personal data and digital experiences. This includes having proper controls, reporting mechanisms, and inclusive design that doesn’t enable discrimination or harassment.
Businesses should implement moderation tools, clear privacy policies, user reporting flows, CAPTCHA protection, and accessibility features (such as screen reader-friendly layouts and inclusive language) to minimize harassment and exclusion.
Indirectly, yes. If a website’s design contributes to the isolation or mistreatment of individuals with disabilities, such as excluding them from reporting abuse or accessing key content, it may be seen as discriminatory under laws like the ADA or EU accessibility standards.
Penalties vary by region. Under the GDPR, fines can reach up to €20 million or 4% of annual global turnover. Under U.S. laws like CCPA or anti-discrimination statutes, lawsuits and state penalties are possible, especially if vulnerable groups are affected.