Ada Chung Lai-ling

Opinion | Hong Kong’s anti-doxxing law plugs privacy loophole and protects freedoms

In making doxxing a crime and boosting the privacy commissioner’s enforcement powers, the new ordinance puts Hong Kong’s laws in step with those in Australia, New Zealand and Singapore

It will not affect normal and lawful business activities in Hong Kong, or affect freedom of speech and the free flow of information

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Under Hong Kong’s new anti-doxxing law, the privacy commissioner may serve a cessation notice to request the removal of doxxing messages when the victim is a Hong Kong resident or present in Hong Kong when the disclosure is made. Photo: Shutterstock

Ada Chung Lai-ling

Published: 6:45am, 9 Nov 2021Updated: 6:54am, 9 Nov 2021

The introduction of anti-doxxing to Hong Kong’s privacy law on October 8 heralds a new era in the regulatory protection of personal data, in criminalising the disclosure of other people’s personal data without consent.

The new law, called the Personal Data (Privacy) (Amendment) Ordinance, also empowers the Privacy Commissioner for Personal Data to carry out criminal investigations, institute prosecutions for doxxing-related offences and order the removal of doxxing messages.

Under the changes, doxxing can be a summary offence, which is less serious, or a graver indictable offence. In the first tier, doxxing is a summary offence where someone discloses another’s personal data without consent while intending to cause “specified harm”, or being reckless about doing so, to that person or a family member.

Where “specified harm” is caused to the person or a family member as a result of the doxxing, this may be considered a second-tier, indictable offence.

“Specified harm” includes harassment, molestation, pestering, threats or intimidation, bodily or psychological harm, causing concern about safety or well-being, or damage to property. The range is wide so as to properly cover the suffering or damage caused to doxxing victims.

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Anyone found guilty of a summary doxxing offence is liable to a HK$100,000 (US$12,850) fine and two years in jail. This increases to a HK$1 million fine and five years in jail for an indictable offence.