Date: 10 May 2024
A 40-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 40 in the New Territories. 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 borrowed money from a friend (the Person) in early 2024, and sent a photo of his staff card to the Person through an instant messaging application (app) for the purpose. The victim later repaid the debt and borrowed money from the Person again in mid-March 2024. However, a dispute ensued between the two on whether the victim had cleared the second debt. In early April 2024, the victim received a call and a message sent through the instant messaging app demanding him to repay the debt to the Person, or else message(s) about the victim would be published on social media platform(s). Later in the same evening, a message urging for the victim’s repayment of debt with negative comments against him was posted in an open discussion group on a social media platform, alongside a partly redacted photo of his staff card which showed particulars of his personal data, including his Chinese name, English name, the name of his company and his photo.
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－