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Response to Media Enquiry or Report

Response to Media Enquiry or Report

Date: 31 October 2019

Response to media enquiry on doxxing case involving police officers

Thank you very much for your email enquiry. Our consolidated response from the perspective of personal data privacy follows:
 
Overall Situation
  • The office of the Privacy Commissioner for Personal Data (PCPD) received the first doxxing and cyberbullying case on 14 June. As at noon 31 October 2019, the PCPD received and proactively found 3,854 related cases, in which 3,525 cases were complaints and proactively found by the PCPD, while 329 cases were enquiries. Totally 13 online social platforms and discussion forums, and 2,177 web links were involved.
     
  • The victims of doxxing are from all sorts of backgrounds and all walks of life. Of those 3,525 complaints and proactively found cases, 32% were related to police officers and their families, 68% were related to other people, such government officials, legislators, children, students, teachers, protestors, etc.
     
PCPD’s Follow-up Actions

  • As at noon 31 October, the PCPD has written to the related 13 platforms 97 times to urge them to remove a total of 1,664 web links and to post warnings that netizens who engage in doxxing and cyberbullying may commit a serious offence under section 64 of PDPO, of which 652 web links (representing about 39%) have already been removed. For those links that have not been removed, the PCPD would continue to urge the related platforms to remove them and would continue to monitor the platforms.
     
  • The PCPD has also urged all the platforms concerned to provide registration information or IP addresses of the netizens who uploaded the relevant doxxing posts. However, none of the platforms has responded to the PCPD.  We will also draw the platform operators’ attention to an interim injunction granted on 25 October and amended on 28 October. Pursuant to the injunction, any member of the public is prohibited from revealing personal details of police officers and their family members without their consent if such act is intended or likely to intimidate, molest, harass, threaten, pester or interfere with them.  The relevant platform operators are warned that neglect to obey the terms of the injunction may amount to contempt of court. 
     
  • If those platforms still do not provide information to the PCPD, the PCPD will consider further actions (including summons) in an attempt to get from the platforms registration information or IP addresses of the netizens who uploaded the doxxing posts, to facilitate the PCPD’s investigation.
     
  • As the doxxing cases involved unlawful purposes of bullying, incitement and intimidation, and consent of the persons concerned was not obtained, it is certainly unfair and illegal, and has caused psychological harm to the data subjects. Hence, if, after preliminary investigation, the PCPD considers that persons engaging in such acts may have contravened section 64 of PDPO, the PCPD would refer the cases to the Police for criminal investigation.
     
  • As at noon 31 October, the PCPD has referred 1,298 cases of this nature to the Police for criminal investigation and for consideration for prosecution.
     
  • The consequences of contravention of section 64 of PDPO are serious. The maximum penalty is a fine of HK$1,000,000 and an imprisonment for 5 years.