Date: 24 February 2023
A 42-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 42 in the New Territories. 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 revealed that the victim and the arrested person knew each other. In February 2022, the victim gave the arrested person, at his request, her identification documents and a number of documents relating to some properties in the Mainland which she purchased because he offered to help reclaim her money back from the real estate agency. Soon after, the victim suspected that she might have been deceived by the arrested person and she tried to stop the arrested person from dealing with her properties. Subsequently, in May 2022, posts containing the victim’s personal data with some negative comments were published on an online platform on two occasions. Photos of the victim and her daughter were also attached to the posts, along with copies of the documents relating to the said properties. The personal data disclosed included the victim’s Chinese name, her Hong Kong Identity Card number, Home Return Permit number, gender, date of birth, residential address, partial mobile phone number and the addresses of her properties in the Mainland.
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 platforms.
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－