2 Aug 2023Cable#8127
私隱公署更新《選舉活動指引》 列明「起底」法例要求適用於選民資料
The Office of the Privacy Commissioner for Personal Data has updated its Guidance on Election-related Activities, clarifying that the statutory requirements prohibiting doxxing apply to voter information. The guidance reminds individuals and organisations that it is an offence to disclose a person’s personal data without the voter’s consent if the disclosure is intended or reckless as to whether it may cause harm to the person or their family. The offence is punishable by a fine of $100,000 and two years’ imprisonment; if actual harm is caused, the maximum penalty is a fine of $1 million and five years’ imprisonment. The relevant anti-doxxing legislation came into effect in October 2021.
私隱專員公署更新《選舉活動指引》,列明禁止「起底」的法例要求適用於選民資料。
指引提醒任何人及組織如果未獲選民同意而披露當事人的個人資料,他的意圖或罔顧披露可能導致當事人或其家人蒙受傷害,即屬違法,可罰款10萬、監禁2年;如果造成實際傷害,最高可罰100萬元、監禁5年,相關「起底」的法例2021年10月已經生效。
港聞
28 Jan 2021獨立媒體#1207
私隱公署:七成起底個案涉警員、官員 即日起設投訴熱線
The Office of the Privacy Commissioner for Personal Data said it recorded 5,406 doxxing cases between June 2019 and December 2020, of which 71% involved police officers, officials and people supporting the government. The office announced that it would set up an anti-doxxing hotline from today for public complaints and enquiries.
個人資料私隱專員公署指,2019年6月至2020年12月期間共錄得有5,406宗起底個案,當中71%涉及警員、官員及支持政府人士,就此公署宣佈即日起設立「反起底熱線」,供市民投訴及查詢。
18 Jan 2021881903#1177
私隱專員公署:去年處理1198宗有關「起底」投訴
The Office of the Privacy Commissioner for Personal Data said it handled 1,198 complaints related to doxxing last year, mainly involving police officers and members of the public who were doxxed after publicly expressing support for or opposition to the government. By the end of last year, the office had sent 253 letters to 18 online platforms involved, requesting the removal of more than 4,800 links. About 70% of the links had been deleted. It also referred 1,461 cases suspected of violating the Personal Data (Privacy) Ordinance to the police for criminal investigation, resulting in the arrest of 17 people. In addition, 57 suspected doxxing cases involving violations of injunctions were referred to the Department of Justice for follow-up. The office is also actively studying with the government amendments to the Personal Data (Privacy) Ordinance, including reviewing the criminal conviction and evidential thresholds for doxxing, penalties, and the office’s powers to conduct criminal investigations and prosecute.
個人資料私隱專員公署表示去年處理與「起底」有關的投訴有1198宗,主要涉及警員和市民公開表態支持或反對政府後,被人「起底」。截至去年底,公署共253次去信涉事的18個網上平台,要求移除超過4800條連結,約七成連結已被刪除,同時將1461宗涉嫌違反《私隱條例》的個案,轉交警方作刑事調查,警方拘捕17人;另外,將57宗涉嫌違反禁制令的「起底」個案,轉介律政司跟進。 公署亦正與政府積極研究修訂《私隱條例》,包括檢視「起底」的刑事定罪及舉證門檻、罰則、公署刑事調查權及起訴權等。
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