Date: 12 December 2023
A 37-year-old Male Arrested for Suspected Doxxing of His Former Colleague
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 37 on Hong Kong Island. The arrested person was suspected to have disclosed the personal data of a data subject without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The PCPD’s investigation revealed that the victim and the arrested person were former colleagues in a company. After leaving the company, the arrested person created a chat group on an instant messaging application for some current and former employees of the company. Later, the arrested person also added the victim to the group. In August 2023, the arrested person criticised the victim’s work performance in the group, and subsequently removed the victim from the group. A few days later, a message containing some allegations against the victim was sent to the group, alongside a partly redacted copy of his Hong Kong Identity Card (HKID card) which showed particulars of his personal data, including his Chinese name, English name, partial HKID card number, date of birth, gender and a photo of him.
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. Identity cards contain sensitive personal data. Disclosing or reposting copies of identity cards without the consent of the data subject concerned, either arbitrarily or maliciously, may constitute a doxxing 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.
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