How to deal with Identity Theft?
Mar. 10, 2020 • Mayank Arya
What is identity theft:-
The development of technology gave the push to the appearance of a new type of crime, such as identity theft. Identity theft is an offence for which the personal data is used illegally for material gain. The information from credit card number, bank account, telephone calling card number and other types of personal data can be used for stealing money. In some cases, it is only necessary to know the victim's name in order to commit identity theft. Victims of identity theft may lose not only the financial costs but also struggle with the attempt to restore their reputation as a result of using their personal data by criminals. Criminals can apply the stolen personal information to fill in the false application for loans or credit cards or fulfil the fraudulent withdrawals from bank accounts.
Such crimes include:-
- Cheque fraud.
- Plastic card fraud (credit cards, check cards, debit cards, phone cards, etc.).
- Immigration fraud.
- Forgery.
- Terrorism using false or stolen identities.
- Theft of various kinds (pickpocketing, robbery, burglary, or mugging to obtain the victim's personal information).
- Postal fraud.
Common ways to commit the identity theft:-
In order to commit identity theft, offenders don't need to break into someone's house. There are much easier and secure ways to obtain personal data. The simple way is to observe the victim when he or she punches the credit card number or pronounces it over the phone. Some criminals may use garbage where they can find copies of the checks, bank statements or other documents that have the victim's private information. One of the ways to get personal information is the Internet space where people with high-tech skills can get passwords to hack emails in order to steal individual information. At the global level, criminals can get access to the corporate databases in order to steal the customer information and apply it for winning in the business competition.
Types of Identity theft:-
Depending on the definition of identity theft, the most common type is credit card fraud of various kinds. Evidence indicates that the extent of credit card fraud on the Internet (and by telephone) has increased because of the opportunities provided by the Internet environment. Some researchers prefer not to include credit card fraud in true identity theft, since it may occur only once and may be discovered quickly by the credit card issuing company, often even before the individual cardholder knows that the fraud has occurred. Other types of identity theft, such as account takeover, are more involved and take longer to identify and investigate.
Seven broad types of identity theft—
- Exploiting a weakness in specific technologies and information systems.
- Financial scams.
- As a motive for other crimes (e.g., bribing employees to provide passwords).
- Facilitating other crimes.
- Avoiding arrest.
- Repeat victimization ("classic" identity theft).
- Organized identity theft.
What to do if your identity is stolen:-
- Analyse what's been stolen:- There can be different types of identity thefts. Try finding out the crime you have been a victim of. There can be a possibility that you have been victimised with multiple thefts at the same time.
- Discover the source:- Before taking any step to solve your problem, find out the origin of it. As soon as you realise that you have been targeted, think about all your recent online activities which could have led to it.
- Change your passwords:- The most basic mistake such victims make is keeping the same passwords even after the identity theft. Immediately change all your passwords. Make sure they do not resemble your old passwords.
- Contact your institutions:- Immediately contact your banks, lenders, insurance companies, etc. to secure your records. You can even ask your banks to close your bank current accounts and open new ones with new identification data. You must close any account which was accessed without your permission.
- Inform the police:- If you want to prove that you have been victimised, you immediately need to file a complaint with your nearest police station or cyber crime cell. Though police may just file a formal report and not pursue the matter, it is still important because it acts as a proof that you have been the victim of an identity theft. Moreover, you cannot seek legal remedies such as compensation from banks, etc. unless you file a police complaint. It will also help you with the other processes such as getting the new account and renewing the insurance.
- Check computer for virus:- If your identity has been stolen through malware or virus, it may still be hiding in your computer and might attack again. If you think your computer might be infected, run an updated antivirus program or seek expert help to get the viruses removed.
Ways of protection:-
There are many ways of protection that banks and government use in order to escape the identity theft among the general population. However, people should guard their personal information on their own. Many people prefer to buy goods over online shopping. Thus, it is important to clear logins and passwords while using a public computer. It is better to pay from credit cards which have guarantees under federal law. It is important to be careful while entering personal data on different Web sites. People should monitor their credit reports, bank and credit card statements. For companies and large corporations, it is necessary to shred all sensitive documents that can provide the criminal with financial and private information.
Legal responses:-
- India:-
Under the Information Technology Act 2000 Chapter IX Sec 66C, Whoever, fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
- Australia:-
In Australia, each state has enacted laws that deal with different aspects of identity or fraud issues. Some states have now amended relevant criminal laws to reflect crimes of identity theft, such as the Criminal Law Consolidation Act 1935 (SA), Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 and also in Queensland under the Criminal Code 1899 (QLD). Other states and territories are in states of development in respect of regulatory frameworks relating to identity theft such as Western Australia in respect of the Criminal Code Amendment (Identity Crime) Bill 2009
3.Canada:-
Under section 402.2 of the Criminal Code,
Everyone commits an offence who knowingly obtains or possesses another person's identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence. is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or is guilty of an offence punishable on summary conviction.
4. France:-
In France, a person convicted of identity theft can be sentenced up to five years in prison and fined up to €75,000
CONCLUSION:-
Identity theft is nothing to snicker about. With the many methods used by identity thieves to steal individuals’ identities, the situation can seem very disheartening. However, doing a few, simple things can change it from daunting to doable. For instance, when sent an email from a contact you do not recognize, deleting it is a good idea. Also, when entering your pin into an ATM, make sure no one is around or can see your password. Doing easy things like this will likely save you the grief and struggle that comes from dealing with identity theft.
[Author Profile: Yash Singh, 2nd Year BA LLB Faculty of Law, University of Allahabad]