Media Statements

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 29 in the New Territories. The arrested person was suspected to have disclosed the personal data of the data subject without her consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
 
The PCPD’s investigation revealed that the victim became acquainted with a man (the Man) and started an intimate relationship with him in 2021. In 2022, a female contacted the victim through a social media platform. She told the victim that the Man was her fiancé. The victim broke up with the Man after knowing that he was in a relationship with the arrested person.  Since March 2023, the victim has repeatedly received phone calls and messages from various service providers, as a result of which she learned that her personal data was disclosed to different service providers without her consent for making enquiries or registrations under her name for services relating to matchmaking, wedding gown, wedding banquet, financial planning, courses and emigration, etc. The personal data disclosed included the victim’s Chinese name, English name, email address, and mobile phone number, 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, owing to relationship disputes, harass others by disclosing their personal data. Such disclosure may constitute doxxing behaviour 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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