Date: 2 December 2022
A 59-year-old Chinese Female Arrested for a Suspected Doxxing Offence
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese female aged 59 in New Territories North. She was suspected to have disclosed the personal data of a data subject without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
The investigation revealed that the victim had previously rented a flat from the arrested person and disputes arose between the parties on rental payments. Subsequently, in March 2022, three messages containing the personal data of the victim, with some negative comments, were posted in a group on a social media platform. The personal data disclosed included the victim’s Chinese name, his occupation and the district of his residence. A partly redacted copy of the victim’s Hong Kong Identity Card showing his Chinese name, English name, HKID card number, date of birth and his photo was also disclosed.
The arrested person is currently under custody. The PCPD will continue its investigation into the case.
The PCPD reminds members of the public that identity cards contain sensitive personal data. Disclosing or forwarding copies of identity cards on the internet or social media platforms 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 5 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—
(a) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(b) 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 2 years.
Pursuant to section 64(3C) of the PDPO, a person commits an offence if—
(a) the person discloses any personal data of a data subject without the relevant consent of the data subject—
(i) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(ii) 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
(b) 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 5 years.
According to section 64(6) of the PDPO, specified harm in relation to a person means—
(a) harassment, molestation, pestering, threat or intimidation to the person;
(b) bodily harm or psychological harm to the person;
(c) harm causing the person reasonably to be concerned for the person’s safety or well-being; or
(d) damage to the property of the person.
－End－