Date: 13 December 2022
A 32-year-old Chinese Male Convicted of Online Doxxing
The West Kowloon Magistrates’ Court today convicted a 32-year old male, Mr IP Chun-hin (defendant), of two charges of the new doxxing offence. The Privacy Commissioner for Personal Data (Privacy Commissioner), Ms Ada CHUNG Lai-ling, welcomed the court’s ruling. This is the second conviction involving contravention of the doxxing offences of the Personal Data (Privacy) Ordinance (PDPO) under the new anti-doxxing regime which took effect on 8 October 2021.
Background of the Case
Owing to a monetary dispute, the defendant posted the names, residential address and names of the employers of the victims on two different groups of a social media platform without their consents between 19 and 20 October 2021. The mobile phone number of one of the victims was also posted on one of the groups. The Office of the Privacy Commissioner for Personal Data (PCPD) arrested the defendant on 13 December 2021, which was the first arrest made after the new anti-doxxing regime had come into effect.
Upon legal advice of the Department of Justice, the PCPD laid charges against the defendant on 20 May 2022 in respect of his doxxing of the two victims on two different occasions.
Today’s court proceedings
In today’s hearing, at the West Kowloon Magistrates’ Court, the defendant was found guilty of two charges contravening section 64 (3A) and 64(3C) of the PDPO, respectively, after trial. The court found that the defendant made the disclosures between 19 and 20 October 2021 on two different groups of a social media platform without the two victims’ consents, with an intent to cause specified harm to the victims or their family members, or being reckless as to whether specified harm would be, or would likely be, caused to them or their family members, and the disclosures resulted in specified harm to one of the victims. The court has adjourned the case to 3 January 2023 for sentence, pending acquisition of relevant reports. The defendant was granted bail pending sentence.
The Privacy Commissioner, Ms Ada CHUNG Lai-ling, reminds members of the public that they should resolve monetary disputes by lawful means. Doxxing is not a means to resolve disputes and it would only escalate conflict. Moreover, doxxing is a serious offence and offender is liable on conviction to a fine up to $1,000,000 and imprisonment for 5 years.
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－