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Hong Kong: PCPD announces arrest for suspected doxxing offence

The Office of the Privacy Commissioner for Personal Data ('PCPD') announced, on 8 December 2022, that it had made an arrest for a suspected doxxing offence under Section 64(3A) of the Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2021 ('PDPO'), which relates to disclosing personal data without consent.

Background to the arrest

In particular, the PCPD outlined that the affected individual and the husband of the defendant developed a close relationship between 2019 and 2021, after which the affected individual exposed the said relationship to the defendant. Subsequently, the PCPD noted that three messages containing the personal data of the affected individual were posted in a chat group on a social media platform between November 2021 and May 2022, alongside to some negative comments and allegations against the affected individual. Furthermore, the PCPD emphasised that the personal data disclosed included the affected individual's Chinese name, English name, year of birth, area of residence, area of work, as well as their occupation and photograph.

Findings of the PCPD

Furthermore, the PCPD added that contravening Section 64(3A) of the PDPO is a serious offence, with an offender being liable on conviction to a fine of up to HKD 100,000 (approx. €12,150) and imprisonment of two years. In addition, the PCPD stated that a person who commits an offence under Section 64(3C) of the PDPO is liable on conviction of indictment to a fine of HKD 1 million (approx. €121,520) and imprisonment of five years.

Outcomes

Finally, the PCPD confirmed that the defendant is granted bail and that the PCPD will continue its investigations into the case.

You can read the press release here.