Lawmakers Want Easier Convictions For Doxxing

Lawmakers said on Monday that the threshold to convict doxxers under proposed legal amendments is too high, and prosecutors shouldn't have to prove that a victim had been intimidated or suffered psychological harm.

Secretary for Constitutional and Mainland Affairs Erick Tsang told lawmakers during a panel meeting that under the proposed law change, it would be an offence to disclose people's personal data without consent, causing psychological harm to them or their immediate family members.

But DAB lawmaker Elizabeth Quat said it would be hard to prove the consequences of an act of doxxing, and such a requirement was unnecessary.

"Politicians and police officers may have a higher threshold in terms of psychological harm. They may face some threat and can deal with it because they have received some training," she said.

But Tsang disagreed, noting that there should be a proportionate requirement for a conviction when the maximum penalty would be five years imprisonment and a HK$1 million fine.

"For such a severe penalty, if there's no suitable [requirement of] malicious intent or actual consequence, it may not be proportionate," he said.

"While we are curbing doxxing, we also need to consider the possible impact on the general public."

Alice Mak from the Federation of Trade Unions, meanwhile, questioned whether the Privacy Commissioner could be given the power to block a website entirely if it was repeatedly used for doxxing purposes, instead of just demanding the removal of doxxing content.

In response, commissioner Ada Chung said she did not rule out taking down a website if it's prime purpose was for doxxing.

She brushed aside concerns that the authorities could have difficulties in getting overseas website operators to delete doxxing material.

"We write to them to ask them to remove the doxxing content and over the past couple of months, they were quite cooperative in response to our requests. With the amendments, there would be great help," she said.

Chung added that when the legal amendments are passed, it will become a criminal offence for website operators not to comply with a request to remove personal data.