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Media statement - Two Men Arrested for Suspected Doxxing Arising from Monetary Disputes

Date: 26 September 2024 

Two Men Arrested for Suspected Doxxing Arising from Monetary Disputes

The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 37 (the first arrested person) and a Chinese male aged 47 in Kowloon and the New Territories respectively. The two arrested persons were 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 engaged the first arrested person to carry out renovation works. However, upon completion of the renovation works, the victim did not pay the arrested person as originally agreed. Thereafter, between March and May 2024, three messages containing the personal data of the victim were posted in two open discussion groups on a social media platform, alongside some negative comments against the victim. The personal data disclosed included the victim’s Chinese name, English name, Chinese alias, Hong Kong Identity Card number, mobile phone number, residential address, photo, as well as his previous and current occupations.
 
The two arrested persons are 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
  1. 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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