Date: 13 June 2024
A 31-year-old Female Arrested for
Suspected Doxxing Arising from Personal Disputes
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 31 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 is a professional and her personal data is listed in the register of the relevant profession. The victim’s husband operates a retail business. As the arrested person had been a regular customer of the business since 2019, the arrested person also knew the victim. However, the victim’s husband and the arrested person cut off contact in 2023 when their relationship turned sour. In March 2024, messages containing the personal data of the victim were disclosed in a chat group on an instant messaging application, alongside negative comments about the victim and her husband and a copy of the victim’s registration information contained in the register of the relevant profession. The personal data disclosed included the victim’s Chinese name, English name, registration number of her professional qualification, date of registration of her professional qualification, name of the university which she attended, year of graduation, current grade and post.
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. 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－