Media Statements

PCPD Responds to Doxxing of Participants
in “Community Dialogue”
and Warns that It is a Criminal Offence

It was reported that some participants in “Community Dialogue” are being doxxed and their personal data are being disclosed on the Internet. The office of the Privacy Commissioner for Personal Data, Hong Kong (PCPD) has made the following response:

• The PCPD has timely followed up on these cases on the longstanding principles of being just and fair, and impartial by requesting the online platforms to remove and stop uploading all contents/ posts involving doxxing or illegal act. In the same way as the other cases of doxxing and cyberbullying have been handled, since those casesmay have contravened section 64 of Personal Data Privacy Ordinance (PDPO) (offences for disclosing personal data obtained without consent from data users), the PCPD will refer the cases to the Police for criminal investigation, including investigating the information on the online platforms involved and the persons concerned, and considering making prosecutions.
• The PCPD has requested the operators of the relevant online platforms to provide information of netizens concerned, and repeatedly reminded netizens publicly and through media statements of the possible contravention of section 64 of PDPO, which is a criminal offence, and its maximum penalty.
• After preliminary investigation, if the PCPD considers the persons involved may have contravened the criminal offencesunder section 64 of PDPO, the PCPD would refer the cases to the Police for further investigation.  As at 27 September, the PCPD has referred 952 cases to the Police for further criminal investigation and for consideration for prosecution.
• It was noted that against the background of the prevalent infringement of personal data privacy, doxxing and cyberbullying in recent months, the Police has made prosecution for the first time in connection with the offences relating to section 64 of PDPO. With regard to a man who is suspected to have improperly disclosed personal data of other individuals on the Internet, the Police charged the man with “conspiracy of disclosing personal data obtained without consent from data users” (a crimewhich is related to section 64 of PDPO), and “access to computer with dishonest intent” on 25 September.
• Contravention of section 64 of PDPO may attract a maximum fine of HK$1,000,000 and imprisonment for 5 years.  
• In addition to directly requesting the relevant online platforms to remove and stop uploading relevant contents/posts, the Privacy Commissioner also emphasises that under the law, the parties involved not only may have committed criminal offences, but they may alsoface civil claims by those affected persons suffering from psychological harm.
• If the proposed amendments to PDPO are accepted, the PCPD will be able to apply to the court for an injunction when necessary to require the relevant social media platforms or websites to remove and stop uploading “doxxing” contents/posts; undertake criminal investigations and make prosecutions for criminal offences; and imposeadministrative fines directly on offenders to enhance deterrence and protection of privacy.
• Victims of doxxing are advised to take the following actions:
  1. Make a complaint to the PCPD (Email: complaints@pcpd.org.hk
     Address: Room 1303, 13/F, 248 Queen’s Road East, Wan Chai, Hong Kong);
  2. Request the social media platform or website to remove the doxxing contents;
  3. Review the privacy setting of social media accounts to restrict access to or distribution of the content for better privacy protection.
• Affected persons are entitled to claim compensation from the persons involved in respect of the damage caused by “doxxing”. The PCPD may, pursuant to section 66B of PDPO, grant legal assistance to the aggrieved individuals who intend to institute legal proceedings to seek compensation.
• The PCPD has also frequently explained to the public the serious criminal liabilities potentially incurred by doxxing.  Since 1 June 2019:
  • The PCPD has issued 16 related media statements (with the first one being issued on 14 June);
  • The PCPD has given more than 30 responses to media enquiries;  
  • The Privacy Commissioner has explained to the media or the general public for more than 45 times (e.g.: 《政經星期六》on Commercial Radio on 31 August and 29 June, 《自由風自由Phone》on RTHK Radio  on 28 August,《千禧年代》on RTHK Radio and 《在晴朗的一天出發》on Commercial Radio on 29 August, “Hong Kong Today” on RTHK Radio 3 on 23 July,《香樹輝King  King傾》 on Metro Finance on 6 September, 《大鳴大放》 on Now TV on 8 September, 《時事大破解》on Phoenix TV Hong Kong Station on 20 September, and feature story on 《東周刊》on 25 September, etc) ;
  • The relevant guidance and educational information on the legislation has been posted on social media platforms such as Facebook and YouTube;
  • More than 900 relevant reports on the Internet, electronic and traditional media.