Date: 11 July 2023
A 58-year-old Chinese Female Arrested for a Suspected Doxxing
of a Staff of a Real Estate Agency
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 58 in Kowloon. The arrested person was suspected to have disclosed the personal data of a staff of a real estate agency without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation revealed that the victim was an assistant of a real estate agency. In September 2022, through the assistance of the victim, the arrested person purchased a pre-sale residential unit . At the request of the arrested person, the victim signed an undertaking and provided the arrested person with a copy of her Hong Kong Identity Card (HKID card). The arrested person also took a photo of the victim holding the said undertaking (the Photo). In November 2022, the Photo together with a copy of the victim’s HKID card and business card were found circulating in several groups in an instant messaging application and were posted on an internet discussion forum. The personal data disclosed included the victim’s mobile phone number, position and company name, as well as a copy of the victim’s HKID card which showed particulars of her Chinese name, English name, HKID card number, date of birth, gender and a photo of her.
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.
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 two 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 five 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－