Date: 11 May 2023
A 37-year-old Chinese Male Arrested for
Suspected Reposting of Doxxing Message
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 37 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 in July 2022, a post containing the personal data of the victim (the Post) with negative comments on her was published on a social media platform. Shortly afterwards, the Post with negative comments on the victim was forwarded by someone to a chat group of an instant messaging app, persuading group members to contact the victim or her husband. The personal data disclosed included the victim’s mobile phone number, residential address and a copy of the victim’s Hong Kong Identity Card (HKID card) which shows particulars of her Chinese name, English name, HKID card number, date of birth, gender and a photo of her, etc.
The arrested person is currently under custody. The PCPD will continue its investigation and may mount further arrest operation in respect of the case.
The PCPD reminds members of the public that identity cards contain sensitive personal data. Disclosing or reposting copies of identity cards without the consent of the data subject concerned, either arbitrarily or maliciously, may constitute a doxxing offence. An 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－