Date: 26 July 2022
Privacy Commissioner’s Office Made an Arrest For a Suspected Doxxing Offence
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 35 in New Territories East. She 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 reveals that the arrested person and the complainant, both online traders, had had a business relationship which later turned sour because of a monetary dispute. In December 2021, the personal data of the complainant and her husband was disclosed in about 14 groups on a social media platform, which also contained allegations about fraudulent behaviour. The personal data disclosed included the Chinese names, phone number and photos of the complaint and her husband.
The arrested person is granted bail. The PCPD will continue its investigation into the case.
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－