Date: 18 May 2023
A 43-year-old Chinese Male Arrested for a Suspected Doxxing Offence
Relating to Commercial Disputes
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 43 in the New Territories. The arrested person was suspected to have disclosed the personal data of a data subject without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation revealed that the arrested person and the victim used to be business partners, but the partnership broke up in late 2021 and the two persons had disputes over the sale of shares. In December 2022, two posts containing the personal data of the victim with negative comments on him were found on a social media platform. Later in January 2023, a letter containing the personal data of the victim was posted by mail to his former neighbour, and four letters containing the personal data of the victim, his wife and daughter were posted by mail to the daugher’s school, all with similar negative comments on the victim. Collectively, the personal data disclosed included the victim’s Chinese name, name of the estate where he lived, partial Hong Kong Identity Card number, photos depicting the faces of the victim and his wife, as well as the Chinese name of his daughter and the class that his daughter attended.
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 five years. The PDPO applies equally to the real world and online world. To avoid breaking the law, members of the public should think twice before disclosing others’ personal data in the real world or online world.
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－