Media Statements

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 45 in the New Territories. The arrested person was suspected to have disclosed the personal data of his former supervisor without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).

The PCPD’s investigation revealed that the victim was formerly the supervisor of the arrested person and they worked in the same company (the Company). In December 2023, the arrested person was dismissed because of work performance issues. Thereafter, the arrested person demanded the victim to reinstate him but in vain, and the parties also had a row over the properties which were placed inside the arrested person’s previous office in the Company. Subsequently, between March and April 2024, flyers containing the personal data of the victim were posted on three occasions in the vicinity of the Company and near his son’s school, alongside some negative comments against him.  The personal data disclosed included the victim’s Chinese name and photo. The flyers also contained photos of the victim’s wife as well as his son and daughter.

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 work 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—

1. with an intent to cause any specified harm to the data subject or any family member of the data subject; or
2. 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—

1. the person discloses any personal data of a data subject without the relevant consent of the data subject—

1. with an intent to cause any specified harm to the data subject or any family member of the data subject; or
2. 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

2. 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—

1. harassment, molestation, pestering, threat or intimidation to the person;
2. bodily harm or psychological harm to the person;
3. harm causing the person reasonably to be concerned for the person’s safety or well-being; or
4. damage to the property of the person.

 

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