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Doxxing

Doxxing Offences

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    What is doxxing?
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    • In general, doxxing refers to the gathering of the personal data of target person(s) or related person(s) (such as family members, relatives or friends) through online search engines, social platforms and discussion forums, public registers, anonymous reports, etc., and disclosure of the personal data on the Internet, social media or other open platforms (such as public places).
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    The law
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    • - The Personal Data (Privacy) Amendment Ordinance 2021

      - Following the passing of the Personal Data (Privacy) (Amendment) Bill 2021 (the Amendment Bill) on 29 September 2021, the amended provisions of the PDPO targeted on doxxing take effect on 8 October 2021.

      Please click here for the Personal Data (Privacy) (Amendment) Ordinance 2021.

      Please click here for the media statement issued by the Government on 8 October 2021.

      Please click here for the media statement issued by the PCPD on 8 October 2021. 

      Major aspects of the amendments

      • Create offences to curb doxxing acts
        - To reflect the severity of doxxing cases, two new offences under a two-tier structure are introduced:
        • The first tier offence is a summary offence for disclosing any personal data of a data subject without the relevant consent of the data subject, and the discloser has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject. Any person who commits the first tier doxxing offence is liable on summary conviction to a fine of HK$100,000 and to imprisonment for 2 years.
        • The second tier offence is an indictable offence for disclosing any personal data of a data subject without the relevant consent of the data subject; the discloser has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject; and the disclosure causes any specified harm to the data subject or any family member of the data subject. Any person who commits the second tier doxxing offence is liable on conviction on indictment to a fine of HK$1,000,000 and to imprisonment for 5 years.
        - The new offences offer protection not only to data subjects, but also to their family members.

      • Empower the Commissioner to carry out criminal investigation and institute prosecution
        - To step up enforcement against the doxxing offences, the Commissioner is empowered under the new provisions to carry out criminal investigation into offences under the section 64 of the PDPO as well as its related offences, and institute prosecution in the Commissioner’s own name for summary offences in the Magistrates’ Courts. Depending on the severity of the cases, the Commissioner will examine whether to institute prosecution in the Commissioner’s own name, or refer all the indictable offences, or cases involving commission of other offences to the Police for follow up and the Department of Justice for instituting prosecution.

        - The Commissioner is empowered with the following powers of investigation and arrest:
        • request the provisions of relevant documents, information or things (material) from any person, or require any person to provide the relevant materials and answer relevant questions to facilitate an investigation into doxxing and its related offences (including offences under the section 64 of the PDPO)
        • apply for a warrant to enter and search a premises, seize, remove and detain any material for the purpose of a specified investigation.
        • apply for a warrant to access, seize and detain an electronic device (such as a mobile phone) and decrypt material stored therein.
        • in urgent circumstance where it is not reasonably practicable to obtain warrant, the Commissioner may, without warrant, access an electronic device.
        • stop, search and arrest a person without warrant, if the person is reasonably suspected to have committed a doxxing or its related offences (including offences under section 64 of the PDPO )

      • Confer on the Commissioner statutory powers to demand the cessation of doxxing contents
        - With the advancement of technology, doxxing contents can be spread and reposted in a click. To remove doxxing contents in an expeditious manner, in relation to a message, whether in written or electronic form, including but not limited to those posted on online platforms, a cessation notice may be served if the Commissioner has reasonable grounds to believe that:
        • the personal data in question was disclosed without the relevant consent of the data subject;
        • the person disclosing the personal data had an intent to or was being reckless as to the whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject;
        • when the disclosure was made, the data subject was a Hong Kong resident; or was present in Hong Kong; and
        • a Hong Kong person is able to take a cessation action (whether in Hong Kong) in relation to the message.
        - An extra-territorial effect is introduced such that a cessation notice may be served by the Commissioner regardless of whether the disclosure is made in Hong Kong or not. A cessation notice may be served on a Hong Kong person (e.g. an individual in Hong Kong and an internet service provider having a place of business in Hong Kong) or, in relation to an electronic message, a non-Hong Kong service provider (e.g operators of overseas social media platforms).

        - A cessation notice will specify the date on or before which the cessation action must be taken. If a person who receives the cessation notice contravenes the notice, that person commits an offence unless the person can raise a reasonable excuse with sufficient evidence to establish a defence.

        - An appeal may be made to the Administrative Appeals Board (“AAB”) against a cessation notice by any person who is affected by the notice within 14 days after the date on which a cessation notice is served. However, the appeal process does not affect the operation of the cessation notice and therefore any person who receives a cessation notice must still comply with its requirements within the timeframe specified therein pending the AAB’s decision. Depending on the circumstances, the Commissioner may, where appropriate, cancel a cessation notice by serving a written notice.

        - Besides, as there have been doxxing acts targeting specific persons or groups in the society, the Commissioner is empowered under the new provision to apply to the Court for an injunction to prevent the future recurrence of doxxing incidents targeted at specific persons or groups.


      Background of legislation

      • The Government submitted the Legislative Council (LegCo) Brief on the Amendment Bill to the LegCo on 14 July 2021, and gazetted the Amendment Bill on 16 July 2021.
      • The Amendment Bill aims to combat doxxing acts that are intrusive to personal data privacy, through the criminalisation of doxxing acts, and conferring on the Commissioner statutory powers to issue cessation notices demanding the cessation or restriction of disclosure of doxxing contents. The Amendment Bill also confers on the Commissioner power to conduct criminal investigation and institute prosecution for doxxing cases, so as to step up enforcement against doxxing cases.
        • Please click here for the Amendment Bill.
        • Please click here for the media statement issued by the Government.
        • Please click here for the paper submitted to the LegCo by the Government.
           
      • The Amendment Bill was introduced into the LegCo for first and second reading on 21 July 2021.
        • Please click here for the speech by the Secretary for Constitutional and Mainland Affairs. (Chinese version only)
           
      • Secretary for Constitutional and Mainland Affairs and the Privacy Commissioner attended the first meeting of the Bills Committee on Personal Data (Privacy) (Amendment) Bill 2021 on 6 August 2021.
        • Please click here for the opening remarks by the Secretary for Constitutional and Mainland Affairs. (Chinese version only)
        • Please click here for the relevant papers of the meeting.
      • The resumption of the Second Reading debate and the Amendment Bill took place at the Legislative Council (LegCo) on 29 September 2021, and the Amendment Bill was passed by the LegCo.
        • Please click here for the speech by the Secretary for Constitutional and Mainland Affairs at the resumption of the Second Reading debate on the Amendment Bill (in Chinese only).
        • Please click here for the speech by the Secretary for Constitutional and Mainland Affairs at the Committee Stage Amendments of the legislative process (in Chinese only).
        • Please click here for the speech by the Secretary for Constitutional and Mainland Affairs in adopting the report by the Legislative Council (in Chinese only).
        • Please click here for the speech by the Secretary for Constitutional and Mainland Affairs at the setting down of the Third Reading of the Amendment Bill (in Chinese only).
    • - Doxxing may constitute contravention of the Personal Data (Privacy) Ordinance (PDPO).
      • New provisions are introduced to create doxxing and its related offences, criminalise doxxing acts and provide the Commissioner with statutory powers to conduct criminal investigations and enforce the law, including the powers to serve cessation notices to demand actions to cease or restrict disclosure of doxxing contents.
      • To reflect the severity of doxxing cases, two new offences under a two-tier structure are created:
        • The first tier offence is a summary offence for disclosing any personal data of a data subject without the relevant consent of the data subject, and the discloser has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject. Any person who commits the first tier doxxing offence is liable on summary conviction to a fine of HK$100,000 and to imprisonment for 2 years.
        • The second tier offence is an indictable offence for disclosing any personal data of a data subject without the relevant consent of the data subject; the discloser has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of that the data subject; and the disclosure causes any specified harm* to the data subject or any family member of the data subject. Any person who commits the second tier doxxing offence is liable on conviction on indictment to a fine of HK$1,000,000 and to imprisonment for 5 years.
      • Below is a table summarising doxxing offences and their corresponding penalties.
      Section number Description of Offence Maximum Fine Maximum Imprisonment
      64(1) A person discloses personal data of a data subject obtained without consent from data user with intent to gain in money or property or to cause loss in money or property to the data subject. HK$1,000,000 5 years
      64(3A) A person discloses any personal data of a data subject without the relevant consent of the data subject; and has an intent to or is being reckless as to whether any specified harm* would be, or would likely be, caused to the data subject or any family member of the data subject. HK$100,000 2 years
      64(3C) A person discloses any personal data of a data subject without the relevant consent of the data subject; has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject; and the disclosure causes any specified harm* to the data subject or any family member of the data subject. HK$1,000,000 5 years
      66E(1) A person fails to comply with a requirement of a written notice issued pursuant to section 66D(2) of the Ordinance. On summary conviction: HK$50,000
      On conviction on indictment: HK$200,000      		 On summary conviction: 6 months
      On conviction on indictment: 1years
      66E(5) A person, with an intent to defraud, fails to comply with a written notice; or in purported compliance with a written notice, provide false and misleading material, answer, direction, explanations, particular or statement. On summary conviction: HK$100,000
      On conviction on indictment: HK$1,000,000      		 On summary conviction: 6 months
      On conviction on indictment: 2 years
      66I(1) A person, without lawful excuse, obstructs, hinders or resists any officers or a person assisting the officers in exercising the powers under the section 66G or 66H of the Ordinance. HK$10,000 6 months
      66O(1) Non-compliance of cessation notice. On a first conviction: HK$50,000
      In the case of a continuing offence, to a further fine of HK$1,000 for every day during which the offence continues.

      HK$100,000 on each subsequent conviction:HK$100,000
      In the case of a continuing offence, to a further fine of HK$2,000 for every day during which the offence continues.      		 2 years






      2 years



       

      * Pursuant to section 64(6) of PDPO, “specified harm” consists of four limbs, including harassment, molestation, pestering, threat or intimidation to the data subject or any family member of the data subjects (known as “that person”); bodily harm or psychological harm to that person; harm causing that person reasonably to be concerned for that person’s safety or well-being; or damage to the property of that person.

    • - Doxxing may involve other offences.
      • Breaching an injunction order may be liable for contempt of court and subject to an immediate custodial sentence on conviction.
        • The High Court granted an interim injunction order (HCA 1957/2019) in October 2019 to restrain persons from disclosing personal data of police officers and their family members without their consent, with intention to intimidate or harass police officers and their family members. The order also restrains persons from intimidating or harassing police officers and their family members. It further restrains persons from assisting, inciting or abetting others to commit any of the aforesaid acts. This interim injunction order is still in force at present.
        • The High Court issued an interim injunction order (HCA 2007/2019) in October 2019 restraining persons from wilfully disseminating or publishing on internet-based platform or medium any material or information for the purpose of promoting, encouraging or inciting the use or threat of violence, with intention to cause bodily injury to any person or damage to any property within Hong Kong. The order also restrains persons from wilfully assisting, inciting or abetting others to commit any of the aforesaid acts. This interim injunction order is still in force at present.
        • The High Court issued an interim injunction order (HCA 1847/2020) in October 2020 restraining persons from disclosing personal data of judicial officers and their family members without their consent, with intention to intimate or harass judicial officers and their family members. The order also restrains persons from intimidating or harassing judicial officers and their family members. It further restrains persons from assisting, inciting or abetting others to commit any of the aforesaid acts. This interim injunction order is still in force at present.
      • In addition, depending on the circumstances, doxxing may also involve criminal intimidation, the offence of “access to a computer with criminal or dishonest intent”, etc.
    • - Doxxing may incur civil liabilities.
      • Doxxing causes anxiety and psychological distress to the victims, which include immense emotional and psychological pressure, burden and even harm. The reputation of the victims is also often damaged. They may file civil lawsuits to seek compensation from the doxxers.
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    Personal Data (Privacy) (Amendment) Ordinance 2021 Implementation Guideline
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    • To assist all parties to understand the amended provisions and criminal liabilities about doxxing, the PCPD has published the “Personal Data (Privacy) (Amendment) Ordinance 2021 Implementation Guideline”. Click here to view. 
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    School Touring - Anti-doxxing Education Talksvideo
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    • The development of information technology has rapidly changed our lives, and online activities have become an indispensable part of the daily life of youngsters. However, cyberbullying and doxxing occur from time to time, which may affect and harm them.

      In order to let secondary school students understand the seriousness of cyberbullying and doxxing crimes, raise their awareness of personal data protection when using social media, and cultivate their correct attitude of saying "no" to cyberbullying and doxxing, the Office of the Privacy Commissioner for Personal Data Privacy (PCPD) specially organises this Anti-doxxing Education Talks School Tour to elaborate on relevant information to secondary school students onsite. Details are as follows:

      Topic: Say "No" to Cyberbullying and Doxxing
      Format: Face-to-face (Virtual format can also be arranged)
      Duration: Around 30 - 45 minutes (adjustable)
      Language: Cantonese
      Target participant: Secondary One to Six students
      Speaker: PCPD's representative
      Fee: Free of charge

      Enquiries: 3423 6654 (Ms WONG) / 3423 6659 (Ms HO)

      Please click here to download the reply slip (Chinese only).
      PCPD Logo
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    Education information video
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    • - Publications
      - Multimedia
      • TV API
      • Radio API
      • Short Video
        • 1st Extract from the Short Video: What are Doxxing Offences?
        • 2nd Extract from the Short Video: Enforcement Powers Granted to the Privacy Commissioner
        • 3rd Extract from the Short Video: Balancing Protection of Privacy and Freedom of Expression
      • Animation: Say “No” to Doxxing and Cyberbullying (Chinese version only)
      • Animation: Doxxing hurts both victims and doxxers. Don’t flout the law.
      • Highlight video of the School Touring of Anti-doxxing Education Talks - Say “No” to Cyberbullying and "Doxxing" [available in Cantonese only]
      • School Touring of Anti-doxxing Education Talks - Say “No” to Cyberbullying and "Doxxing" [available in Cantonese only]
      • Seminar on “Cyberbullying and Doxxing Behaviour involving Students”[available in Cantonese only]
      • Webinar – Combat Doxxing – Webinar on "Personal Data (Privacy) (Amendment) Ordinance 2021" [available in Cantonese only]
      • PCPD’s Work on Combatting Doxxing – An extract from the PCPD’s media briefing on 28 January 2021

        - “Police Magazine: Get to know about doxxing” (in Cantonese only)
        https://www.youtube.com/watch?v=YlvBF6nRK14
        - “Police Focus: Doxxing behind the Screen” (in Cantonese with English subtitles)
        https://www.youtube.com/watch?v=p4t_vVb7mEk
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    Examples of the victims’ difficult situations
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    • - Case 1：In fear of family members being
      harassed and daily life severely affected.
      Case 1
        
      - Case 2： Nuisance phone calls received
      late at night, making it difficult to get asleep.
      Case 2
      - Case 3： Shop forced to cease operation,
      leading to loss of income.
      Case 3
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    PCPD combats doxxing acts
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    • - The PCPD received the first doxxing case on 14 June 2019. As of end of December 2023, the PCPD handled nearly 9,000 doxxing cases. For the period from 8 October 2021 (when the Amendment Ordinance came into effect) to 31 December 2023, the PCPD handled 2,884 doxxing cases (including 1,316 doxxing-related complaints and 1,568 doxxing cases proactively uncovered by PCPD’s online patrol).

      - Follow-up actions taken by the PCPD in respect of the doxxing cases include:
      • A hotline (3423 6666) has been set up to answer enquiries or complaints about doxxing behaviour.
      • To more effectively combat doxxing offences, the Criminal Investigation Division was set up to investigate cases related to suspected doxxing offences.
      • From 8 October 2021 (when the Amendment Ordinance came into effect) to 31 December 2023, the PCPD exercised the new powers under the Amendment Ordinance and issued 1,878 cessation notices to 41 online platforms, requesting them to remove over 28,300 doxxing messages.
      • As of the commencement of the Amendment Ordinance, the PCPD had referred over 1,500 cases to the Police for follow-up actions. Furthermore, the PCPD had referred 65 cases of possible violation of the interim injunction orders relating to doxxing to the Department of Justice for follow-up actions. During the period from 8 October 2021 (when the Amendment Ordinance came into effect) to 31 December 2023, the PCPD commenced 254 criminal investigations and arrested 43 persons in 42 arrest operations with respect to 41 cases on suspected contravention of the new section 64(3A) of the Ordinance relating to “disclosing personal data without consent”, including three joint operations with the Police. During the operations, 3 persons were arrested for, among others, suspected contravention of section 64(3C) of the Ordinance relating to the offence of “disclosing personal data without consent, causing specified harm to the data subject or his/her family member”.
      • In addition, during the period from 8 October 2021 to 31 December 2023, the PCPD referred 63 cases to the Police relating to the suspected contravention of section 64(3C) of the Ordinance concerning the disclosure of personal data without consent which caused specified harm to the data subject or any of his/her family members.
      • The PCPD has sought the cooperation of regulatory authorities locally and in different jurisdictions to combat doxxing on social media platforms.
      • To enhance the public awareness of and compliance with the Amendment Ordinance, the PCPD launched a series of publicity and educational campaigns, including broadcasting short videos, TV and radio announcements, distributing promotional leaflets and posters, organising seminars/webinars and promoting the new provisions on social media platforms. As of 31 December 2023, the Privacy Commissioner and colleagues of the PCPD have conducted 80 webinars/seminars on the Amendment Ordinance with a total of more than 17,000 participants.
      • In addition, the PCPD published the “Personal Data (Privacy) (Amendment) Ordinance 2021 Implementation Guideline” regarding the scope of new doxxing offences, the powers to conduct criminal investigation, institute prosecution and issue cessation notice under the Amendment Ordinance. This Guideline facilitates members of the public to comply with the requirements of the Amendment Ordinance.
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    Selected court decisions
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    • Section 64(2) of the PDPO (replaced by the newly added sections 64(3A) and 64(3C))
      • November 2020: The defendant, who obtained the personal data of a family member of a law enforcement officer for doxxing by using his office computer, was charged with, among others, an offence under section 64(2) of the then PDPO. The defendant was convicted after trial in October 2020 and was sentenced in November to imprisonment for 18 months. With other convictions, his total imprisonment sentence was 24 months. [Case number: DCCC 164/2020]
      • February 2021: A nurse who worked in a clinic captured screenshots containing the personal data (including name, HKID card number, date of birth and phone number) of a law enforcement officer. She then uploaded the screenshots, together with derogatory comments about the officer, to her social media account. She was charged with, among others, an offence under section 64(2) of the then PDPO. The defendant was convicted after trial and was sentenced to 240 hours of community service in February 2021. [Case number: KCCC 2370/2020]
      Section 64(3A) of the PDPO
      • December 2022: The defendant disclosed the personal data of his ex-girlfriend on four social media platforms without her consent. The defendant also impersonated the victim to open accounts on three of the said platforms. The defendant stated in the relevant messages that the victim welcomed others to visit her at her residential address. The court convicted the defendant of seven charges of the doxxing offence under section 64(3A) of the PDPO upon his guilty plea. The court sentenced the defendant to eight months’ imprisonment. [Case number: STCC 1989/2022]
      • March 2023: The defendant had a monetary dispute with the victim regarding the victim’s online trading business. The defendant disclosed the personal data of the victim and her husband in 14 groups on a social media platform, as well as making allegations about the victim’s fraudulent behaviour. The court convicted the defendant of 14 charges of the doxxing offence under section 64(3A) of the PDPO upon her guilty plea. The court sentenced the defendant to two months’ imprisonment, suspended for two years. [Case number: STCC 3175/2022]
      • June 2023: The defendant and the victim were former co-workers at a company. Their relationship turned sour owing to work grudges, and the defendant disclosed the personal data and information on past deeds of the victim on a social media platform. The court convicted the defendant of two charges of the doxxing offence under section 64(3A) of the PDPO upon his guilty plea. The court sentenced the defendant to 120 hours of community service in June 2023. [Case number: FLCC 16/2023]
      • June 2023: The defendant and the victim were former co-workers at a school. When their relationship turned sour owing to work grudges, the defendant displayed posters near the school on two occasions, disclosing copies of the victim’s HKID card with negative remarks about the victim. The court convicted the defendant of two charges of the doxxing offence under section 64(3A) of the PDPO upon her guilty plea. The court in June 2023 sentenced the defendant to 160 hours of community service. [Case number: STCC 1241/2023]
      • August 2023: The victim and her parents lived in an apartment rented from the defendant. There was a rental dispute between the victim’s parents and the defendant. Subsequently, two messages containing the personal data of the victim and negative comments and allegations about the victim’s parents were posted in a chat group on a social media platform. The court convicted the defendant of one charge of the doxxing offence under section 64(3A) of the PDPO upon his guilty plea. The court sentenced the defendant to a 12-month probation order. [Case number: KTCC 653/2023]
      • August 2023: The three victims and the defendant were engaged in a business relationship. Owing to disputes, the defendant requested that the three victims show him the business’s accounts, in vain. Subsequently, the defendant disclosed the personal data of the victims on three social media platforms. The court convicted the defendant of three charges of the doxxing offence under section 64(3A) of the PDPO after trial. The court in August 2023 sentenced the defendant to 80 hours of community service. [Case number: TMCC 2023/2022]
      • October 2023: The victims engaged the construction company of the defendant to renovate the victims’ residential unit. Subsequently, disputes arose between the parties on the progress of and payment for the renovation. Shortly thereafter, posters disclosing the victims’ personal data were found in the vicinity of the relevant building, in which the victims were urged to settle the payment for the renovation. The court convicted the defendant of five charges of the doxxing offence under section 64(3A) of the PDPO upon his guilty plea. The court in October 2023 sentenced the defendant to 120 hours of community service. [Case number: WKCC 3656/2023]
      • January 2024: The victim had a monetary dispute with a third party in 2020. Subsequently, the defendant posted two messages containing the personal data of the victim on a personal account of a social media platform, one in September and one in December 2022, requesting settlement of the outstanding loan from the victim. The court convicted the defendant of two charges of the doxxing offences under section 64(3A) of the PDPO upon his guilty plea. The court sentenced the defendant to two months’ imprisonment, suspended for two years. [Case number: STCC 142/2024]
      • January 2024: The victim was a part-time worker, and the defendant was an agent responsible for sourcing part-time workers for various employers. The defendant arranged part-time jobs for the victim at various restaurants. In October 2022, a dispute arose between the victim and the defendant in relation to the victim’s salary payment and job allocation. Thereafter, the defendant disclosed the personal data of the victim to others using an instant messaging application, with a remark stating that the victim would never be hired again. The court convicted the defendant of two charges of the doxxing offence under section 64(3A) of the PDPO after trial. The court in January 2024 sentenced the defendant to 120 hours of community service. [Case number: TMCC 777/2023]
      • February 2024: The defendant purchased three kittens from the victim in late 2022. The defendant subsequently requested a refund from the victim because one of the kittens was in poor health. However, the two could not agree on the amount to be refunded, and a dispute arose between them. In May 2023, the defendant posted a message containing the personal data of the victim in an open discussion group on a social media platform, alongside negative comments about and allegations against the victim. The court convicted the defendant of one charge of the doxxing offence under section 64(3A) of the PDPO upon her guilty plea. The court sentenced the defendant to two weeks’ imprisonment, suspended for three years, and imposed a fine of HK$500. [Case number: WKCC 694/2024]
      Section 64(3C) of the PDPO
      • March 2023: The defendant and the victim met each other via an online dating application. The victim subsequently moved into the defendant’s apartment but moved out after they broke up. Subsequently, the defendant opened fake accounts on various social media platforms and disclosed the victim’s personal data on these platforms and via email. The court convicted the defendant of three charges of the doxxing offence under section 64(3C) of the PDPO upon his guilty plea. The court in March 2023 sentenced the defendant to five months’ imprisonment. [Case number: STCC 3168/2022]
      • April 2023: The defendant carried out renovation works as a business. The two victims employed the defendant to renovate their residence and subsequently had a monetary dispute with the defendant. The defendant disclosed the personal data of the two victims on a social media platform alongside negative remarks about them. The court convicted the defendant of one charge of the doxxing offence under section 64(3A) and one charge of the doxxing offence under section 64(3C) of the PDPO after trial. The court in April 2023 sentenced the defendant to 160 hours of community service. The case is now pending appeal. [Case number: WKCC 1638/2022]
      • May 2023: The defendant signed a contract with the victim, an intermediary, for the employment of a foreign domestic helper. The victim and the defendant later engaged in a monetary dispute after the domestic helper failed to report for duty. The defendant posted the personal data of the victim in three doxxing messages on a social media platform alongside negative comments about the victim. The court convicted the defendant of one charge of the doxxing offence under section 64(3C) of the PDPO upon his guilty plea. The court sentenced the defendant to four weeks’ imprisonment, suspended for 18 months. [Case number: STCC 1513/2023]
      • August 2023: The defendant was an employee of the victim’s company for over 10 years. Outside the employment relationship, the parties also formed a partnership to run a manufacturing business. However, the two parties terminated their partnership because of monetary disputes, and the defendant subsequently left the victim’s company. Subsequently, on multiple occasions, the defendant posted various posters containing the victim’s personal data on the walls and in the vicinity of the victim’s office building. The court convicted the defendant of two charges of the doxxing offence under section 64(3C) of the PDPO upon his guilty plea. The court in August 2023 sentenced the defendant to 80 hours of community service. [Case number: WKCC 2252/2023]
      • November 2023: The victim and the defendant were schoolmates. Having reservations about the victim’s occupation, the defendant disclosed the victim’s personal data on a social media platform alongside negative remarks about the victim. The court convicted the defendant of one charge of the doxxing offence under section 64(3C) of the PDPO upon his guilty plea. The court in November 2023 sentenced the defendant to 200 hours of community service. [Case number: KCCC 2663/2023]
      • November 2023: The defendant and the victim were the former and new girlfriends of a man, respectively. After learning of the man’s new relationship, the defendant posted a total of four messages containing the personal data of the victim in three groups on a social media platform, along with negative comments about the victim. The court convicted the defendant of three charges of the doxxing offence under section 64(3C) of the PDPO upon her guilty plea. The court in November 2023 sentenced the defendant to 120 hours of community service. [Case number: STCC 3980/2023]
      • January 2024: The victim and the first and second defendants were former co-workers, who developed grudges over work-related issues. In January 2023, the first defendant informed the second defendant of his plan to disclose the victim’s personal data to the public, and the second defendant provided the first defendant with photos and a copy of the HKID card of the victim. In March 2023, the first defendant posted the aforementioned photos and HKID card copy (with certain content redacted) of the victim on a social media platform, along with negative comments about the victim. The first and second defendants pleaded guilty and were each convicted by the court of one count of conspiracy to commit the crime under section 64(3C) of the PDPO. The court in January 2024 sentenced the first and second defendants to 200 hours of community service each . [Case number: ESCC 2899/2023]
      Sections 64(3A) and 64(3C) of the PDPO
      • October 2023: The defendant posted the personal data of a law enforcement officer and his family members on a social media platform. The court convicted the defendant of one charge of the doxxing offence under section 64(3A) and one charge of the doxxing offence under section 64(3C) of the PDPO after trial. The court in October 2023 sentenced the defendant to imprisonment for two months and two weeks. [Case number: WKCC 4703/2022]
      Other offences relating to doxxing
      • In September 2021: A former clerical assistant of the Immigration Department obtained the personal data of 215 persons, including government officials, judges, police officers and their family members, from the Immigration Department’s computer system without authorisation and gave the data to the channel administrator of the social media platform Telegram for publication. The court convicted the defendant of one charge of the offence of “misconduct in public office” upon her guilty plea. The court sentenced the defendant to imprisonment for 45 months. [Case number: DCCC 344/2021]
      Court’s Interim Injunction Orders
      • June 2020: The defendant was charged with contempt of court for sharing the personal data of a police officer and his family on her social media account, in violation of the interim injunction order (HCA 1957/2019) related to doxxing granted by the High Court in 2019. The defendant was found guilty in June 2020 and was sentenced to 28 days’ imprisonment, suspended for one year. [Case number: HCMP 249/2020]
      • October 2020: The defendant was charged with contempt of court for posting the personal data of a police officer on her social media account, in violation of the interim injunction order (HCA 1957/2019) related to doxxing granted by the High Court in 2019. In October 2020, the defendant pleaded guilty to the charge and was sentenced to 28 days’ imprisonment, suspended for one year. Mr Justice Russell Coleman stated in the judgment that the impact of doxxing on victims is “severe and long-lasting” and noted that “subject to mitigating factors, if any, the starting and primary penalty is imprisonment. The normal penalty for breaches of injunction orders is imprisonment measured in months”. [Case number: HCMP 1256/2020]
      • December 2020: The defendant was charged with contempt of court for posting the personal data of a police officer and his family members on a social media platform, in violation of the interim injunction order (HCA 1957/2019) related to doxxing granted by the High Court in 2019. In December 2020, the defendant was convicted of civil contempt of court and sentenced to 21 days’ imprisonment, effective immediately. In the judgment, Mr Justice Russell Coleman pointed out that “the impact of doxxing on victims is severe and long-lasting”. He stated, “Once personal data has been publicly revealed on the internet or social media, even if the original point of revelation is subsequently removed, that personal data will almost certainly forever remain publicly available”. Mr Justice Russell Coleman also stated that the act of doxxing is “wholly unforgivable” and “should not be tolerated”. As the court considered that the contempt of this case would not properly be reflected in a suspended custodial sentence, the defendant was sentenced to immediate imprisonment. [Case number: HCMP 744/2020]
      • December 2020: The defendant was charged with contempt of court for posting the personal data of a police officer and his wife on a social media platform, in violation of the interim injunction order (HCA 1957/2019) related to doxxing granted by the High Court in 2019. In December 2020, the defendant was convicted of civil contempt of court and sentenced to 21 days’ imprisonment, suspended for one year. [Case number: HCMP 1068/2020]
      • January 2022: The defendant was charged with contempt of court for posting a photo of a police officer and messages on a social media platform inciting violence, in violation of the interim injunction order (HCA 2007/2019) granted by the High Court in 2019. In January 2022, the defendant pleaded guilty to the charge and was sentenced to 21 days’ imprisonment, suspended for 12 months. [Case number: HCMP 1542/2021]
      • April 2022: The defendant was charged with contempt of court for publishing an article on a social media platform inciting violence against the police, in violation of the interim injunction order (HCA 2007/2019) granted by the High Court in 2019. In April 2022, the defendant pleaded guilty to the charge and was sentenced to six weeks’ imprisonment. [Case number: HCMP 1158/2021]
      • April 2022: The defendant was charged with contempt of court for publishing a post on a social media platform inciting violence against the police, in violation of the interim injunction order (HCA 2007/2019) granted by the High Court in 2019. In April 2022, the defendant pleaded guilty to the charge and was sentenced to one month’s imprisonment, suspended for 12 months. [Case number: HCMP 1274/2021]
      • October 2022: The defendant was charged with contempt of court for making eight nuisance calls to a judicial officer and his wife, in violation of the interim injunction order (HCA 1847/2020) related to doxxing granted by the High Court in 2020. In October 2022, the defendant pleaded guilty to the charge and was sentenced to 14 days’ imprisonment, suspended for 12 months. [Case number: HCMP 2199/2021]
      • April 2023: The defendant was charged with contempt of court for doxxing a police officer on a social media platform, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019. In April 2023, the defendant pleaded guilty to the charge and was sentenced to 21 days’ imprisonment, suspended for 12 months. [Case number: HCMP 539/2022]
      • April 2023: The defendant was charged with contempt of court for posting the personal data of a police officer and his family members on a social media platform, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019 and the anonymity order of the police officer. In April 2023, the defendant pleaded guilty to the charge and was sentenced to three months’ imprisonment. [Case number: HCMP 585/2022]
      • April 2023: The defendant was charged with contempt of court for posting the personal data of a police officer and his family members on a social media platform on three occasions, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019 and the anonymity order of the police officer. In April 2023, the defendant pleaded guilty to the charge and was sentenced to 21 days’ imprisonment, suspended for one year. [Case number: HCMP 586/2022]
      • April 2023: The defendant was charged with contempt of court for posting the personal data and wedding photos of a Senior Inspector of Police on an online discussion forum, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019. In April 2023, the defendant was convicted of civil contempt of court and sentenced to two months’ imprisonment, suspended for 12 months. [Case number: HCMP 674/2022]
      • July 2023: The defendant was charged with contempt of court for posting the personal data of a police officer and his family members on a social media platform, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019 and the anonymity order of the police officer. In July 2023, the defendant pleaded guilty to the charge and was sentenced to 28 days’ imprisonment, suspended for 12 months. [Case number: HCMP 664/2022]
      • July 2023: The defendant was charged with contempt of court for posting the personal data of a police officer on a social media platform, in violation of the interim injunction order (HCA 1957/2019) granted by the High Court in 2019 and the anonymity order of the police officer. In July 2023, the defendant pleaded guilty to the charge and was sentenced to 21 days’ imprisonment, suspended for 12 months. [Case number: HCMP 587/2022]
      • August 2023: The defendant was charged with contempt of court for incitement of violence against a court magistrate on a social media platform and on a news website, in violation of the interim injunction order (HCA 2007/2019) granted by the High Court in 2019. Subsequently, the defendant jumped bail. The court issued an arrest warrant. In August 2023, in the absence of the defendant, the court granted the defendant an immediate custodial sentence of four months. [Case number: HCMP 598/2022]
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    Invitation for Expressions of Interest
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    • Providing Legal Services to the PCPD on Doxxing Offences

      The PCPD invites counsel to make an application for inclusion on the briefing out list. Any interested barrister may send his curriculum vitae, experience in handling doxxing-related cases (if any) as well as the proposed fee arrangement to the PCPD by post or email to the following addresses:-

      By Post: Unit 1303, 13/F, Dah Sing Financial Centre, 248 Queen's Road East, Wanchai, Hong Kong
      By Email: communications@pcpd.org.hk

      Personal data provided will only be used for purposes related to the engagement of barrister by the PCPD and kept for the period of engagement or a period of 24 months after submission, whichever is the longer.