Date: 18 June 2024
A 54-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 54 in the New Territories. 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 in early 2023 the victim signed a provisional tenancy agreement as well as an undertaking to pay commission with a view to renting a shop space to start a business. Subsequently, she sent copies of her company’s registration record, which contained the company’s registered address and her Hong Kong Identity Card (HKID card) to the estate agent (the Agent) concerned for the rental arrangement. The victim later decided not to proceed with the rental arrangement and a dispute arose between her and the Agent as regards the commission payment. In September 2023, the victim received a total of three messages demanding her to pay the commission to the Agent, or else debt collectors would call on her. In October 2023, two dunning flyers were posted at the registered address of the victim’s company, alongside a copy of her HKID card disclosing the particulars of her personal data, including her Chinese name, English name, name in Chinese Commercial Code, HKID card number, date of birth, gender and her photo, etc.
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 monetary disputes. Moreover, 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.
－End－