Media Statements

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 50 in the New Territories. The arrested person was suspected to have disclosed the personal data of two data subjects without their consents, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
 
The PCPD’s investigation revealed that the two victims are married. The female victim and the arrested person had jointly run a business between 2021 and 2022. Subsequently, the female victim decided to withdraw from the business and a dispute arose between the female victim and the arrested person over the sharing of profits.
 
In November 2023, flyers containing the personal data of the female victim were posted at the lift lobby of the floor where the couple resided and on one of the floors of the female victim’s workplace respectively, alongside demands requesting her to repay an alleged debt. Later in July 2024, similar flyers containing the personal data of the couple, accusing the female victim of fraud and demanding the victims to repay an alleged debt were posted in the vicinity of the workplace of the female victim.
 
The female victim’s personal data disclosed included her Chinese name, residential address, her position in an association and her photo. The male victim’s personal data disclosed included his Chinese name, previous occupation and place of work, as well as a partly redacted copy of his Hong Kong Identity Card showing his Chinese name, English name, gender and photo.

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. 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.

 

－End－