Date: 29 February 2024
A 64-year-old Male Arrested for
Suspected Doxxing Arising from Monetary Disputes
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 64 in Kowloon. The arrested person was suspected to have disclosed the personal data of a data subject without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The PCPD’s investigation revealed that the victim became acquainted with a man (the Man) in late 2021. Since then, the victim and the Man had made advance payments for each other to purchase different kinds of goods. Their friendship subsequently turned sour after which both parties had disputes on the amounts of the advance payments. Thereafter, a number of messages were sent to the victim requesting her to repay outstanding debts to the Man. In January 2023, a dunning letter containing the personal data of the victim was mailed to the victim’s supervisor and the letter also contained insulting and defamatory content urging the victim to repay outstanding debts. The personal data disclosed included the victim’s Chinese name, alias, occupation, Hong Kong Identity Card number, date of birth as well as a photo of the victim and her daughter.
The arrested person is currently under custody. The PCPD will continue its investigation into the case.
The PCPD reminds members of the public that they should not dox others because of monetary disputes. 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－