Date: 20 May 2022
PCPD Laid Charges in the First Arrest Case Relating to Doxxing
The Office of the Privacy Commissioner for Personal Data (PCPD) today laid a total of four charges of “disclosing personal data without consent”, contrary to section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO), against a Chinese male aged 31 (the defendant). The case will have its first mention at the West Kowloon Magistrates’ Courts on 25 May 2022. The defendant is now on bail.
These are the first charges in relation to the doxxing offence laid by the PCPD since the Personal Data (Privacy) (Amendment) Ordinance 2021 came into operation in October 2021.
Background of the case
The defendant was suspected to have disclosed the personal data of two persons without their consents on a social media platform (involving two different groups) in October 2021, amid a money dispute. The personal data disclosed included names, mobile phone number, occupation, residential address and names of their employers. The PCPD arrested the defendant on 13 December 2021, which was the first arrest in relation to a doxxing offence under section 64(3A) of the PDPO.
Relevant provisions under the PDPO
Pursuant to section 64(3A) of the PDPO, a person commits an offence if the person discloses any personal data of a data subject without the relevant consent of the data subject—
(a) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(b) 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.
A person who commits an offence under section 64(3A) is liable on conviction to a fine of $100,000 and imprisonment for 2 years.
According to section 64(6) of the PDPO, specified harm in relation to a person means
—
(a) harassment, molestation, pestering, threat or intimidation to the person;
(b) bodily harm or psychological harm to the person;
(c) harm causing the person reasonably to be concerned for the person’s safety or well-being; or
(d) damage to the property of the person.
－End－