Date: 15 February 2024
A 27-year-old Female Convicted and Sentenced for Doxxing a Pet Seller
The West Kowloon Magistrates’ Court today convicted a 27-year old female, Miss CHAN Tung-ching (defendant), of one charge of a doxxing offence upon her guilty plea. The Court on the same day sentenced the defendant to two weeks’ imprisonment, suspended for 3 years, and a fine of HK$500. The Privacy Commissioner for Personal Data (Privacy Commissioner), Ms Ada CHUNG Lai-ling, welcomed the court’s ruling.
The Privacy Commissioner, Ms Ada CHUNG, said, “Members of the public should resolve their disputes by lawful means. Doxxing is not an option as it would only escalate conflict. Moreover, doxxing is a serious offence and the offender is liable on conviction to immediate imprisonment.”
Background of the case
The defendant purchased three kittens from the victim in late 2022. The defendant subsequently requested a refund from the victim because of the health issue of one of the kittens, but the two could not agree on the amount of refund and a dispute arose between them. In May 2023, the defendant posted a message containing the personal data of the victim in an open discussion group on a social media platform, alongside some negative comments and allegations against the victim. The personal data disclosed included the victim’s Chinese name, photo, parts of her mobile phone numbers and former area of residence.
The Office of the Privacy Commissioner for Personal Data arrested the defendant on 16 November 2023. Upon legal advice obtained from the Department of Justice, one charge of “disclosing personal data without data subject’s consent”, contrary to section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO), was laid against her on 25 January 2024 in respect of the doxxing act.
Today’s court proceedings
The defendant pleaded guilty to the charge at the West Kowloon Magistrates’ Court and was convicted by the Court today in relation to the disclosure of the personal data of the victim made by the defendant on a social media platform in May 2023 without the consent of the victim, with an intent to cause specified harm to the victim or her family members, or being reckless as to whether specified harm would be (or would likely be) caused to the victim or her family members.
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.
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－