Date: 16 August 2024
A 48-year-old Male Arrested for Suspected Doxxing Acts
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 48 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 and the arrested person formerly were both members of a trade association (the Association). As the victim disagreed with the operation of the Association, he resigned from the Association in December 2023. In July 2024, the relationship between the victim and the arrested person further deteriorated because of an incident. In August 2024, a fictitious newspaper article was distributed through an instant messaging application and a video was published on the official website of the Association, both of which disclosed the personal data of the victim alongside some negative comments against him. The personal data disclosed included copies of the victim’s birth certificate and other registration forms which showed the victim’s Chinese name, English name, English alias, signature, Hong Kong Identity Card number, Home Return Permit number, gender, date and place of birth, race and place of origin, correspondence address, telephone numbers and education background, etc. Other personal data disclosed included the victim’s nationality, residential address, past and present positions in different institutions and photos.
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. Moreover, 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－