Date: 22 June 2022
PCPD Made an Arrest For a Suspected Doxxing Offence
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 26 in New Territories East. He was suspected to have disclosed the personal data of a data subject (the complainant) without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation suggests that the arrested person and the complainant had a short relationship before breaking up. Someone later impersonated the complainant to open accounts in four different social media platforms between late-October and mid-November 2021, and disclosed on those platforms her name, photos, residential address, private and office telephone numbers, name of her employer and position, etc. It was also stated in the relevant messages that the complainant welcomed others to visit her at her address. Many strangers later contacted the complainant and tried to get acquainted with her.
The arrested person is currently under custody. The PCPD will continue its investigation into the case.
This is the fourth arrest made by the PCPD under the PDPO since its latest amendments came into operation on 8 October 2021. The PCPD made the first three arrests in relation to the new doxxing offences under the PDPO in December 2021, April 2022 and (together with the Police) May 2022, respectively. In addition, the Police also arrested 3 persons for 4 cases relating to doxxing.
The PCPD reminds members of the public that doxxing is a serious offence. An offender is liable on conviction to a fine up to $1,000,000 and imprisonment for 5 years. The PDPO applies equally to the online world. To avoid breaking the law, members of the public should think twice before publishing or forwarding any doxxing messages on the internet or social media.
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.
Pursuant to section 64(3C) of the PDPO, a person commits an offence if—
(a) the person discloses any personal data of a data subject without the relevant consent of the data subject—
(i) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(ii) 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
(b) the disclosure causes any specified harm to the data subject or any family member of the data subject.
A person who commits an offence under section 64(3C) is liable on conviction on indictment to a fine of $1,000,000 and imprisonment for 5 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－