Date: 12 October 2023
A 24-year-old Chinese Male Arrested
for Suspected Doxxing of a Police Officer and his Family Members
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 24 in Kowloon. The arrested person was suspected to have disclosed the personal data of the victim and his family members without their consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The victim is a police officer who took part in an arrest operation in 2019, as a consequence of which he was doxxed by others. In July 2023, an online group published a “wanted” person post about the victim on a social media platform, offering a reward for locating the victim. On the same day, two self-made “wanted” person notices about the victm and his family members, which contained their personal data alongside some fabricated offences committed by them, were posted in reply to the said post. The personal data disclosed included the partial Chinese names of the victim and his two family members as well as their photos. The occupation and the rank of the victim were also shown in one of the 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 uploading or reposting doxxing messages, as well as responding to some online calls for doxxing and disclosing the personal data of data subjects without their consents, may also constitute a doxxing offence. Offenders are liable on conviction to a fine up to $1,000,000 and imprisonment for five years. Members of the public are urged not to flout the law.
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－