Date: 9 March 2023
Two Men Arrested for Suspected Doxxing Relating to Rental Disputes
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested two men on Hong Kong Island. They were respectively suspected to have disclosed the personal data of another person without the data subject’s consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation of the first case revealed that the arrested person (aged 40) leased a residential unit to the victim in July 2022. Subsequently, rental disputes arose between the parties. In September 2022, the tenancy was terminated and the victim moved out of the unit. Shortly afterwards, the personal data of the victim was posted in a group on a social media platform (the Group) on two occasions in September 2022 with negative comments on the victim. The personal data of the victim, including his English name (with one alphabet redacted), Chinese surname, partial Hong Kong Identity Card (HKID card) number, workplace and the name of his employer, were disclosed.
In the second case, the arrested person (aged 42) leased a residential unit to another victim in December 2021. The victim later moved out of the said unit in January 2023 because of rental disputes between the parties. The victim later discovered that her personal data was posted in the Group on four occasions between November 2022 and February 2023 with negative comments on her. The personal data of the victim, including her Chinese and English names, partial HKID card number, date of birth and occupation, were disclosed.
The two arrested persons are currently under custody. The PCPD will continue their investigations into the cases.
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－