The Government will gazette on July 16 the Personal Data (Privacy) (Amendment) Bill 2021 that aims to combat doxxing acts that are intrusive to personal data privacy.

The bill criminalises doxxing acts and confers on the Privacy Commissioner for Personal Data statutory powers to issue cessation notices demanding the cessation or restriction of disclosure of doxxing content.

It also strengthens enforcement against doxxing cases by conferring on the commissioner the power to conduct criminal investigation and institute prosecution for such cases.

In drafting the bill, the Government had made reference to relevant laws of Singapore, New Zealand, Australia and other places. It also considered Hong Kong’s actual circumstances when drafting practicable amendment provisions.

The Government reiterated that the legislative amendments only concern vicious doxxing acts and provide the commissioner with appropriate enforcement powers.

The scope of the offence is clear, focused and target-specific. The bill aims to tackle doxxers who publish doxxing messages with an intent to cause harm or are being reckless as to whether harm is caused to the data subject.

The Government also emphasised that the bill has already achieved a reasonable balance between protection of privacy and freedom of speech.

The general public’s basic rights and freedoms as enshrined under the Basic Law and the Hong Kong Bill of Rights Ordinance, including freedom of speech, flow of information and lawful news activities will not be affected.

The bill requests electronic platforms to comply with the cessation notices so that doxxing contents intrusive to personal data privacy are removed early.

This is to prevent further dissemination of personal data and minimise the harm caused to the victims, and the bill does not target service providers.

As regards the Asia Internet Coalition’s letter to the commissioner expressing concerns on the bill, the Government said it noted that the coalition has clarified that none of its members currently have plans to retreat from Hong Kong.

The commissioner has explained to the coalition the purpose and scope of the bill. Both parties agreed to keep strengthening communication to allay any concerns from the industry.

The bill will be introduced into the Legislative Council for the first and second reading on July 21.