Date: 13 June 2023
A 30-year-old Chinese Female Arrested for a Suspected Doxxing Offence
Relating to Emotional Entanglements
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 30 in Kowloon. The arrested person was suspected to have disclosed the personal data of two data subjects without their consents, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation revealed that the male victim and the arrested person are arranging a divorce. After the two separated, the male victim developed a close relationship with the female victim. In April 2023, the female victim’s personal data was used to set up two accounts on a social media platform to publish various messages containing the personal data of the victims with negative comments on them. The personal data of the male victim disclosed in the messages included his Chinese name, alias, name of residential estate, area of work, occupation and photos, while the personal data of the female victim disclosed included her Chinese and English names, alias, nickname, place of work, name of company, occupation, licence number of her occupation and photos.
The arrested person is currently under custody. The PCPD will continue its investigation into the case.
The PCPD reminds members of the public that they should not dox others because of personal disputes. Doxxing is not a means to resolve disputes as it would only escalate conflict. Moreover, doxxing is a serious offence and the offender is liable on conviction to a fine up to $1,000,000 and imprisonment for five 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－