Date: 22 July 2024
A 40-year-old Male Arrested for Suspected Doxxing
Arising from Relationship Entanglements
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 his ex-girlfriend without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The PCPD’s investigation revealed that the victim and the arrested person formerly were lovers, but the two broke up in April 2022. After that, the arrested person remained in contact with the victim occasionally. In May 2023, the victim cut off contact with the arrested person. Thereafter, between July 2023 and May 2024, a total of 14 messages containing the personal data of the victim were written on lamp posts in the district where the victim resides and stairwells of vice establishments in two districts in Kowloon, with some messages containing negative allegations against the victim and alluring others to contact the victim. The personal data disclosed included the victim’s Chinese name, English surname and alias, name of residential building and flat number, mobile phone number, occupation and the usernames of her social media accounts.
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 relationship 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－