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Compensation for impersonation: how to claim for identity theft.

August 4, 2023
María Vico

Crimes against privacy, data theft, and, most seriously, identity theft are becoming increasingly common—mainly due to how easily cybercriminals exploit the legal and technical loopholes offered by the virtual world. Social networks, in particular, create the perfect environment for impersonating others with the goal of capturing the attention and trust of a group of users from which they can later benefit.

In this post, we’ll talk about compensation for identity theft and how to prevent others from stealing your personal image online.

What is identity theft and when is it considered to have occurred?

Identity theft is a crime in which a person pretends to be someone else by taking on their name, identity, personal data, or attributes to commit illegal acts or harm the impersonated individual.

It is determined that identity theft has occurred when there is evidence showing that someone has used another person’s personal information without authorization and with fraudulent intent.

What are the main reasons for identity theft?

Generally, cybercriminals commit this type of crime to carry out fraudulent financial transactions, hijack online accounts, commit scams, or perform other acts aimed at obtaining money through the misuse of another person’s identity. Extortion and blackmail are also common.

Authorities investigate these cases and take legal action to prosecute offenders, compensate victims, and provide new security systems—both online and offline—for the most serious cases. However, it’s always best to take preventive measures and protect your personal information. If you suspect identity theft, you should immediately alert the authorities.

What compensation and penalties exist for identity theft in Spain?

In Spain, identity theft is classified as a crime under the Criminal Code—specifically, it is regulated in Article 401 and following of the Penal Code. The penalties vary depending on the seriousness of the impersonation and the damage caused.

In general, sanctions for identity theft may include imprisonment from six months to three years or financial fines. If the impersonation was carried out with the intent to commit a serious crime, the penalty can be more severe.

Additionally, when identity theft causes damage or harm to the victim, the offender may be required to provide financial compensation.

In Spain, this crime is considered quite serious, which is why intelligence services often recruit experienced hackers—sometimes reformed from their past crimes—to work on the side of justice, investigating and pursuing those who commit it.

No one is safe! Take note of these 10 tips to prevent identity theft

Even if it hasn’t happened to you, you’ve probably seen someone on social media asking for help to report a fake profile using their photos. This common form of impersonation is among the least harmful, as it’s usually done just to annoy. The real danger begins when threats, blackmail, and data theft start. To avoid this risky situation, do the following:

Don’t share personal information on social media: avoid posting details such as your address, phone number, date of birth, or financial information on public platforms.

Use strong passwords: create robust passwords that combine letters, numbers, and special characters, and change them regularly.

Be cautious with emails and unknown links: don’t click on suspicious links or provide personal information through unverified emails.

Keep your security software updated: make sure you have reliable antivirus software installed and keep it up to date to protect your devices from threats.

Review your accounts regularly: monitor your bank accounts, credit cards, and online profiles for unusual activity.

Use two-factor authentication: enable this option on your accounts for an additional layer of protection.

Be careful with document theft: keep your personal documents in a safe place and, if you work in an office, raise awareness among your team about the importance of implementing ICT systems that protect their identities.

Protect your information on mobile devices: secure your smartphone with a passcode or fingerprint.

Don’t share confidential information over the phone: always verify the identity of the person or entity before giving personal details by phone.

Keep your social media accounts private: be skeptical of friend requests and ignore private messages offering deals that seem too good to be true.

If you want to learn more about how to enjoy the internet safely and make the most of its potential, subscribe to Educa.Pro—experts in developing digital skills and driving digital transformation.

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