Date: 18 July 2023
A 47-year-old Chinese Male Arrested for a Suspected Doxxing Offence
Relating to Monetary Disputes
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 47 in the New Territories. The arrested person was suspected to have disclosed the personal data of a former co-worker without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation revealed that the victim and the arrested person had worked in the same company between late 2021 and early 2023. During this period, the victim had repeatedly borrowed money from the arrested person, but the two disputed over whether the victim had settled the loan in full. Subsequently, a total of 14 messages containing the personal data of the victim were posted in an open discussion group and in a personal account on a social media platform between January 2023 and March 2023, with negative comments on the victim. The personal data disclosed included the victim’s Chinese name, English name, partial Hong Kong Identity Card number, name of the victim’s residential estate and building and his photos.
The arrested person is granted bail. 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 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－