Date: 13 October 2022
A 37-year-old Chinese Male Arrested For a Suspected Doxxing Offence
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 37 in Kowloon West. He was suspected to have disclosed the personal data of a data subject without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation reveals that the arrested person signed a contract with the victim, an intermediary agency, for employment of a foreign domestic helper in 2021. The victim and the arrested person later ran into a monetary dispute after the domestic helper had failed to report duty. In April 2022, the personal data of the victim, including her Chinese name, English name, the name of her school, photos, as well as the name of her business and business address were posted in three doxxing messages on a social media platform alongside some negative comments and allegations.
The arrested person is currently under custody. 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－