What is identity theft?
Identity theft: definition
Concretely, identity theft consists of using, without the victim’s consent, their personal data for the purposes of committing acts in their name.
You should know that any use of personal data without the consent of the persons concerned constitutes a breach of the Data Protection Act.
Data collected by usurpers
The data thus collected on the person includes: first and last name, email connection identifiers, bank statement, family and/or professional information, etc.
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Identity theft: what does the law say?
Identity theft: a crime
In France, identity theft is an offense punishable by the Penal Code.
Article 226-4-1 of the Penal Code
Article 226-4-1 provides that any person who usurps the identity of a third party, or uses data allowing them to be identified with the aim of disturbing their peace or that of others, or harming their honor or consideration, is liable to sanctions.
A reversed burden of proof
From a judicial point of view, the burden of proof is reversed: it is up to the victim to prove that they are not the real author of the offenses they are accused of.
Differences from identity theft
Identity theft involves the fraudulent use of a person’s information to cause harm.
Identity theft also includes the use of information, but for specifically financial purposes (such as accessing bank accounts).
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What are the different types of identity theft?
Physical identity theft
This concerns the use of a person’s personal information such as first and last name, photo, Social Security number, etc., in a physical or administrative context (for example, opening a bank account with another person’s information).
Digital identity theft
This includes the use of personal data on online platforms.
Examples: theft of social network accounts, hacking of email addresses, or even fraudulent use of data to usurp an identity on a social network.
Financial identity theft
This concerns the use of bank details, credit cards or other financial information to access accounts, carry out transactions or take out loans in the victim’s name.
Administrative identity theft
This identity theft is used for fraudulent administrative procedures, such as for applications for social benefits, the renewal of identity documents, or loan applications.
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What are the causes of identity theft?
Theft or loss of personal documents
If a thieves gets hold of a lost ID, passport or bank card, they can use it to steal the person’s identity.
Digital theft of personal data
Cyberattacks on company or public service databases allow criminals to access sensitive information.
This can also include techniques such as phishing, where victims are tricked into disclosing their personal information via fake sites or fraudulent emails.
Social engineering
This involves psychological manipulation of victims to obtain their personal information (for example, through fraudulent calls or Internet scams).
Social networks
Many people share private information on social media, which can make identity theft easier.
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What are the consequences of identity theft?
In the event of identity theft, the consequences are extremely serious for the victim, who may be forced to undergo legal proceedings even though they are innocent.
Financial consequences
The victim may in particular find themselves with debts contracted in their name (fraudulent financial transactions, use of stolen bank cards, subscription to consumer credit), leading to a loss of funds or a blocking of their bank accounts.
Personal consequences
Following identity theft, the process of restoring the situation can be long and painful. Result: this causes great moral distress.
The victim’s reputation may also be tarnished if the theft is linked to criminal activities or wrongdoing.
In some cases, theft can lead to lost job opportunities or harm the victim’s career.
Legal consequences
This situation requires victims to prove that they are indeed victims and not the perpetrators of the incriminated acts.
This requires undertaking long and complex legal procedures to reestablish one’s identity.
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What to do in case of identity theft?
Collect as much information as possible
It is essential to document identity theft to facilitate procedures with the authorities or organizations concerned.
Gather all the elements that can prove the crime (screenshots, supporting documents, etc.).
File a complaint
If you discover that a third party has usurped your identity with the aim of harming you and damaging your reputation, you must immediately file a complaint with a police station, a gendarmerie or the public prosecutor. .
All you need to do is send this magistrate a file by registered mail with acknowledgment of receipt, including all the documents which can prove identity theft and the use of personal data.
Take the lead
And above all, it is important to gather evidence in advance and take the lead.
Don’t forget to have identity theft recognized before legal action is taken against you.
Prevent financial institutions
The identity thief may have already taken out loans: it is important to contact the Banque de France to consult the central file of checks and that of payment incidents for loans to individuals.
If unfortunately you appear in this file, you must immediately send a copy of the complaint and your identity papers to the Banque de France. Banking establishments which refer to it will be automatically informed.
Make a sworn declaration
At the same time, you must contact all the organizations which accuse you by producing a sworn statement justifying that you are not the author of the acts for which you are accused.
You must also attach a copy of the complaint and your identity documents.
Reconfigure your social networks
If your profile has been hacked on a social network, you must act immediately on this site.
Do not hesitate to regularly type your name into search engines.
Get help
Victim support associations, within France Victimes, can support you free of charge in your efforts.
It may also be a good idea to hire a lawyer.
Which authorities ensure the protection of personal data in France?
How do I know if I am a victim of identity theft?
Here are some useful tips for quickly spotting data theft of any kind.
Check your accounts and documents
To find out if you are a victim of identity theft, regularly check your bank statements, credit card statements, and other financial accounts for suspicious activity.
It may also be useful to check your social accounts (e.g.: Ameli account, CAF, taxes) and ensure that there is no abnormal activity.
Contact the Banque de France
Request your FICP or FCC file (Central Check File) to check if credits or banking incidents have been recorded in your name without your consent.
Always remain vigilant
If you receive letters, invoices or statements for services you did not subscribe to, this may indicate that someone is using your information for fraudulent purposes.
Being contacted by debt collection companies for debts you don’t recognize can also be a clear signal of identity theft.
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How to avoid identity theft?
To avoid identity theft, it is essential to protect your personal information and be vigilant in your online and offline interactions.
Protect your personal data
Identity documents should never be disclosed without a legitimate reason. Be careful when sharing this information, especially online.
If you lose your identity card, passport or means of payment, report the loss/theft to the authorities and request a renewal.
Secure your information online
Rule number 1: strengthen your digital security.
- Never share your information through unsecured channels or websites.
- Avoid giving your Social Security numbers, bank details or identifiers by email or telephone without verifying the identity of the recipient.
- Use strong, unique passwords for each of your accounts.
- Enable two-factor authentication (2FA) on your sensitive accounts.
Pay attention to social networks
It is important to never share sensitive information such as an address, telephone number, pay slips or details of identity documents via networks.
Configure your accounts to limit the visibility of your information to people you trust.
Be wary of suspicious emails or calls
Never click on links from unsolicited emails or text messages that ask for your personal or financial information.
If you have any doubts, contact the relevant organization directly through its official channels.
Update your software
It is recommended to always install security updates on your devices (smartphones, computers, tablets) to avoid vulnerabilities that could be exploited by hackers.
An up-to-date antivirus can also detect and block malware that aims to steal your personal information.
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What risks are involved in identity theft?
Fine and prison sentence
The act of usurping the identity of a third party with a view to harming their honor is punishable by one year of imprisonment and a fine of 15,000 euros (article 226-4-1 of the Penal Code).
If the spouse or partner is at the origin of the usurpation, the penalty is increased to years in prison and a fine of 30,000 euros.
This offense is punishable by the same penalties when the usurpation is committed on the Internet (phishing, keyloggers or electronic eavesdropping).
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And any breach of the Data Protection Act can result in a penalty of up to five years’ imprisonment and a fine of 300,000 euros.
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