Media Statements

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 29 in Kowloon. He was suspected to have disclosed the personal data of two data subjects without their consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
 
The investigation revealed that the female victim engaged the construction company of the arrested person to renovate the victims’ residential unit in March 2022. Subsequently, in July 2022, disputes arose between the parties on the progress and payment of the renovation. Shortly thereafter, posters were found in the vicinity of the relevant building to urge the victims to settle the arrears of payment for the renovation. The personal data disclosed on the posters included the victims’ Chinese surnames, the address of the unit and a photo of them with their eyes defaced.
 
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. To avoid breaking the law, members of the public should think twice before disclosing others’ personal data.
 
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—

1. with an intent to cause any specified harm to the data subject or any family member of the data subject; or
2. 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—

1. the person discloses any personal data of a data subject without the relevant consent of the data subject—

1. with an intent to cause any specified harm to the data subject or any family member of the data subject; or
2. 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

2. 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—

1. harassment, molestation, pestering, threat or intimidation to the person;
2. bodily harm or psychological harm to the person;
3. harm causing the person reasonably to be concerned for the person’s safety or well-being; or
4. damage to the property of the person.

 

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