Crimes against privacy, the theft of personal data and, most seriously, identity theft, are rife, mainly because of the ease with which cybercriminals They exploit the legal and technical loopholes offered by the virtual world. Specifically, social media provides the perfect setting for impersonating other people, with the aim of capturing the attention and trust of a group of users from whom they can subsequently benefit.
In this post, we’ll be discussing compensation for identity theft and how to prevent your personal image from being stolen online.
What is identity theft, and when is it considered to have taken place?
Identity theft is a criminal offence whereby a person impersonates another, assuming their name, identity, personal details or characteristics with the aim of committing unlawful acts or causing harm to the person whose identity has been stolen.
Identity theft is deemed to have occurred when evidence is presented showing that someone has used another person’s personal information without their authorisation and with fraudulent intent.
What are the main reasons why people impersonate others?
Cybercriminals generally commit this type of crime to carry out fraudulent financial transactions, hijack online accounts, commit fraud or carry out any other act designed to make money through the misuse of another person’s identity. Extortion and blackmail are also common.
The authorities investigate these cases and take legal action to prosecute those responsible, compensating the victims and providing them with new security measures, both online and in real life, in the most extreme cases. However, it is important to remember that the best course of action is to take preventative measures and protect personal information; should there be any suspicion of identity theft, the authorities should be alerted immediately.
What is the compensation for identity theft and the penalties in Spain?
In Spain, identity theft is classified as a criminal offence under the Criminal Code. Specifically, it is regulated in the Article 401 et seq. of the Criminal Code. As for penalties, these may vary depending on the seriousness of the identity theft and the damage caused.
In general, the penalties for identity theft may include imprisonment for between six months and three years or fines. If the identity theft is committed with the intention of committing a serious offence, the sentence may be more severe.
Furthermore, in cases where identity theft causes harm or damage to the victim, the offender may be required to pay compensation.
In Spain, this offence is regarded as quite serious; for this reason, the intelligence services are seeking experienced hackers – many of whom have turned over a new leaf following their previous misdeeds – to work on the side of the good guys and to investigate and prosecute those who commit such offences.
None of us are safe! Take note of these 10 tips to prevent identity theft
If it hasn’t happened to you yet, you’ve no doubt seen someone on social media asking for help to have a profile taken down where their photos appear, but which isn’t their original one. This type of identity theft, whilst very common, is one of the least serious cases, as it’s usually done simply to cause a nuisance. The really serious issues arise when threats, blackmail and data theft come into play. To avoid this dangerous situation, do the following:
Do not share personal information On social media: avoid posting details such as your address, telephone number, date of birth or financial information on public platforms.
Use strong passwords: Create strong passwords by combining letters, numbers and special characters, and change them regularly.
Be wary of unknown emails and links: Do not click on suspicious links or provide personal information via unverified emails.
Keep your security software up to date: Make sure you have a good antivirus programme installed and keep it up to date to protect your computer from threats.
Check your accounts regularly: monitor your bank accounts, credit cards and online profiles to detect any unusual activity.
Use two-factor authentication: Enable this option on your accounts, as it provides an extra layer of security.
Be careful of document theft: keep your personal documents in a safe place and, if you’re in the office, make the rest of the team aware of the importance of implementing ICT and systems that protect your identity.
Protect your information on mobile devices: Secure your smartphone with a passcode or fingerprint.
Do not share confidential information over the phone: check the identity of the person or organisation before providing personal data over the telephone.
Keep your social media accounts private: Be sceptical about friend requests and ignore any private messages sent to your DMs if they contain offers that seem too good to be true.
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