Date: 14 September 2023
A 44-year-old Chinese Female Arrested
for Doxxing
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 44 in Kowloon. The arrested person was suspected to have disclosed the personal data of two data subjects without their consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The male victim is a primary school student and the female victim is his mother. The PCPD’s investigation revealed that the arrested person lives near the two victims and is acquainted with them. The son of the arrested person is of similar age as the male victim. A few years ago, the male victim was admitted to a school, and the arrested person has been expressing her dissatisfaction about the matter from time to time since then. Subsequently between November 2022 and May 2023, a total of 20 messages containing the personal data of the victims were posted in two open discussion groups and in two personal accounts of a social media platform, alongside some negative comments on them. The personal data disclosed included the victims’ Chinese names, residential address and photos, the mobile phone number and the province of origin of the female victim as well as the partial name of the primary school that the male victim attended.
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—
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with an intent to cause any specified harm to the data subject or any family member of the data subject; or
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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—
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the person discloses any personal data of a data subject without the relevant consent of the data subject—
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with an intent to cause any specified harm to the data subject or any family member of the data subject; or
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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
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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—
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harassment, molestation, pestering, threat or intimidation to the person;
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bodily harm or psychological harm to the person;
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harm causing the person reasonably to be concerned for the person’s safety or well-being; or
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damage to the property of the person.
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