- Following the passing of the Personal Data (Privacy) (Amendment) Bill 2021 (the Amendment Bill) on 29 September 2021, the amended provisions of the PDPO targeted on doxxing take effect on 8 October 2021.
Please click here for the Personal Data (Privacy) (Amendment) Ordinance 2021.
Please click here for the media statement issued by the Government on 8 October 2021.
Please click here for the media statement issued by the PCPD on 8 October 2021.
Major aspects of the amendments
Background of legislation
Section number | Description of Offence | Maximum Fine | Maximum Imprisonment |
---|---|---|---|
64(1) | A person discloses personal data of a data subject obtained without consent from data user with intent to gain in money or property or to cause loss in money or property to the data subject. | HK$1,000,000 | 5 years |
64(3A) | A person discloses any personal data of a data subject without the relevant consent of the data subject; and has an intent to or is 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. | HK$100,000 | 2 years |
64(3C) | A person discloses any personal data of a data subject without the relevant consent of the data subject; has an intent to or is 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 the disclosure causes any specified harm* to the data subject or any family member of the data subject. | HK$1,000,000 | 5 years |
66E(1) | A person fails to comply with a requirement of a written notice issued pursuant to section 66D(2) of the Ordinance. |
On summary conviction: HK$50,000 On conviction on indictment: HK$200,000 |
On summary conviction: 6 months On conviction on indictment: 1years |
66E(5) | A person, with an intent to defraud, fails to comply with a written notice; or in purported compliance with a written notice, provide false and misleading material, answer, direction, explanations, particular or statement. |
On summary conviction: HK$100,000 On conviction on indictment: HK$1,000,000 |
On summary conviction: 6 months On conviction on indictment: 2 years |
66I(1) | A person, without lawful excuse, obstructs, hinders or resists any officers or a person assisting the officers in exercising the powers under the section 66G or 66H of the Ordinance. | HK$10,000 | 6 months |
66O(1) | Non-compliance of cessation notice. |
On a first conviction: HK$50,000 In the case of a continuing offence, to a further fine of HK$1,000 for every day during which the offence continues. HK$100,000 on each subsequent conviction:HK$100,000 In the case of a continuing offence, to a further fine of HK$2,000 for every day during which the offence continues. |
2 years 2 years |
* Pursuant to section 64(6) of PDPO, “specified harm” consists of four limbs, including harassment, molestation, pestering, threat or intimidation to the data subject or any family member of the data subjects (known as “that person”); bodily harm or psychological harm to that person; harm causing that person reasonably to be concerned for that person’s safety or well-being; or damage to the property of that person.
In order to let secondary school students understand the seriousness of cyberbullying and doxxing crimes, raise their awareness of personal data protection when using social media, and cultivate their correct attitude of saying "no" to cyberbullying and doxxing, the Office of the Privacy Commissioner for Personal Data Privacy (PCPD) specially organises this Anti-doxxing Education Talks School Tour to elaborate on relevant information to secondary school students onsite. Details are as follows:
Topic: Say "No" to Cyberbullying and Doxxing
Format: Face-to-face (Virtual format can also be arranged)
Duration: Around 30 - 45 minutes (adjustable)
Language: Cantonese
Target participant: Secondary One to Six students
Speaker: PCPD's representative
Fee: Free of charge
Enquiries: 3423 6654 (Ms WONG) / 3423 6659 (Ms HO)
Please click here to download the reply slip (Chinese only).