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Hong Kong: PCPD lays charges against an individual for doxxing offence

The Office of the Privacy Commissioner for Personal Data ('PCPD') announced, on 7 December 2022, that it had laid a total of 14 charges against an individual for a doxxing offence pursuant to Section 64(3A) of the Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2021 ('PDPO').

Background to the arrest

In particular, the PCPD outlined that the defendant, an online trader, and the affected individual, its supplier, had a monetary dispute. In addition, the PCPD highlighted that the personal data of the affected individual and her husband was disclosed in approximately 14 groups on a social media platform, together with allegations regarding fraudulent behaviour. Moreover, the PCPD noted that the personal data disclosed included the affected individual's, and her husbands, Chinese names, telephone numbers, and photographs.

Findings of the PCPD

Furthermore, the PCPD found that contravening Section 64(3A) of the PDPO is a serious crime, with an offender being liable on conviction to a fine of up to HKD 100,000 (approx. €12,150) and imprisonment for 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 or indictment to a fine of HKD 1 million (approx. €121,520) and imprisonment for five years.

Outcomes

Finally, the PCPD confirmed that the defendant was arrested on 26 July 2022 and is presently on bail. Further to this, the PCPD noted that the case will have its first mention at the Shatin Magistrates' Court on 12 December 2022.

You can read the press release here.