Media Statements

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 40 in Kowloon. The arrested person was suspected to have disclosed the personal data of the 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 had been unable to settle outstanding debts which he owed to several financial institutions. In November 2024, dunning flyers containing the personal data of the victim were posted on a corridor wall outside the unit where he resided, alongside allegations that the victim was in debt. The personal data disclosed included the victim’s Chinese name, residential address, partial Hong Kong Identity Card (HKID card) number, as well as a partly redacted copy of the victim’s HKID card showing his photo, Chinese name, English name, name in Chinese Commercial Code and gender.
 
The arrested person is granted bail. The PCPD will continue its investigation into the case.
 
The PCPD reminds members of the public that identity cards contain sensitive personal data. Disclosing copies of identity cards without the consent of the data subject concerned, either arbitrarily or maliciously, may constitute a doxxing offence. An 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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