Hong Kong: Adoption of Personal Data (Privacy) (Amendment) Bill 2021

On 29 September 2021, the Hong Kong Legislative Council adopted the Personal Data (Privacy) (Amendment) Bill 2021. The law sets to (i) criminalise doxxing acts; (ii) empower the Privacy Commissioner for Personal Data to conduct criminal investigations and prosecute doxxing cases; and (iii) confer on the Commissioner powers to demand the removal of doxxing content from online platforms. Doxxing represents the practice of disclosing someone’s private information on the internet or in public places. The act introduces a two-tier structure regarding doxxing offences with different penalities to protect data subjects and their family. The first tier represents the disclosure of data without consent that could potentially lead to harm and the perpetrators risk a fine of HKD 100’000 and imprisonment for 2 years. The second tier refers to the disclosure of data that causes harm and represents an indictable offence, punishable with a fine of one million HKD and imprisonment for 5 years.