To combat doxing acts, the “Personal Data (Privacy) (Amendment) Ordinance 2021” has come into effect. The ordinance introduces the two-tier offence
What is "online doxxing"?
“Online doxxing” generally refers to the personal data of the target person or their family members collected from different sources and disclosed on the Internet, social platforms or other public platforms without the consent of the relevant data subject.
Common doxxing methods include using a “search engine”, “human flesh search”, through “betraying friends”, using hacking tools to steal personal data, etc.
In a typical doxxing case, the personal data to be disclosed include:
- Photo
- Identification document number
- Date of birth
- Occupation
- Mobile phone number
- Address
- Name of family members
In addition to the disclosure of personal information, some victims will receive threatening calls, being bullied on the Internet or have their identities stolen. The personal data of some victims will be used for applying loans, online shopping, or registration of organ donations, causing continuous and serious distress to the victims and even their families.
Legal Consequences
In addition to being immoral, doxxing may also bring serious legal consequences:
Criminalization of "Doxxing"
To combat doxing acts, the “Personal Data (Privacy) (Amendment) Ordinance 2021” has come into effect. The ordinance introduces the two-tier offence:
First Tier Offence – Triable summarily
Second Tier Offence –Triable upon indictment
Specified harm includes:
- harassment, molestation, pestering, threat or intimidation to the person;
- bodily harm or psychological harm to the person;
- harm causing the person reasonably to be concerned for the person’s safety or well-being; or
- damage to the property of the person.
If you violate the injunction order, you may be charged with contempt of court
If the court has issued an injunction order prohibiting anyone from disclosing the personal information of the designated person without the consent of the relevant person, or threatening and harassing him or his family members, the offender may be charged with contempt of the court. Once convicted, he can be sentenced to imprisonment.
Or to bear civil liability
Doxxing brings anxiety, distress and heavy pressure to the victim, and the reputation of the victim is often damaged. Victims can file a civil lawsuit to seek compensation from the “doxxing”.
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