Date: 8 March 2023
Second Sentencing for the New Doxxing Offence
The Shatin Magistrates’ Court earlier convicted a 36-year old female, Ms SHAM Chun-kiu (defendant), of 14 charges of the new doxxing offence upon her guilty plea. After considering the relevant report, the court today (8 March 2023) sentenced the defendant to two months of imprisonment, suspended for two years. The Privacy Commissioner for Personal Data, Ms Ada CHUNG Lai-ling, welcomed the court’s ruling.
Ms Ada CHUNG said, “members of the public should resolve their 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 the offender is liable on conviction to immediate imprisonment terms, with the maximum penalty being a fine up to $1,000,000 and imprisonment for 5 years.”
This is the second sentencing case prosecuted by the Office of the Privacy Commissioner for Personal Data (PCPD) under the new anti-doxxing regime which took effect on 8 October 2021.
Background of the case
The defendant was an online trader and the victim was her supplier. Their business relationship turned sour because of a monetary dispute. In December 2021, the defendant disclosed the personal data of the victim and her husband in 14 groups on a social media platform, which also contained allegations about fraudulent behaviour. The personal data disclosed included the Chinese names and photos of the victim and her husband, and the phone number of the victim.
The PCPD arrested the defendant on 26 July 2022. Upon legal advice obtained from the Department of Justice, a total of 14 charges were laid against her on 7 December 2022 in respect of the doxxing acts. The defendant pleaded guilty to all charges at the Shatin Magistrates’ Court and was convicted by the Court on 1 February 2023. The conviction relates to her disclosure of the personal data of the victim and her husband in 14 groups on a social media platform between 18 and 19 December 2021 without their consent, with an intent to cause specified harm to them 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, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
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.
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－