Laws on Identity Theft and Identity Fraud

Identify theft is a serious offence that can lead to distress, financial complications and emotional turmoil for victims. Being the subject of a fraud attack can result in complex processes to prove your identity and rectify any damage caused by the perpetrator.

The following article explains what identity theft is, how the law protects victims and the ways in which offenders can be prosecuted and how victims can rebuild their character and financial status.

What is identity theft?

The term ‘identity theft' refers to an occurrence where the personal details of one person are stolen by another. The theft of details can be from a person who is alive or deceased, and the information that is taken can be used in a number of ways, most often for financial gain.

Identity thieves are able to steal personal details from people in a number of ways, including the interception of the post and by searching through rubbish to find financial letters, bank statements and tax information. Alternatively, and now more commonly, the thief may use the internet to obtain this information through ‘hacking' into another person's accounts or taking information from sites that are not secure. Some thieves who use the internet obtain the required information from sending phishing emails to victims, requesting that they reply with the necessary details. Unsuspecting recipients may then respond and actively give the personal information, mistaking thinking that they are providing the requested information to a known source, such as their bank.

With advances in technology, personal information can even be acquired electronically as a victim walks into a shop. Credit and bank cards can be ‘skimmed' with electronic devices either in a contactless way, when a purchase is made or when cash is withdrawn. For this reason, individuals are advised to be aware and vigilant of potential vulnerabilities with their personal information and financial connections.

What is identity fraud?

Identity fraud is when a person's stolen identity is used to purchase and acquire services or goods through deception.

Identity frauds often don't become apparent until the point when the victim receives a financial statement or invoice for something that they have not ordered or received. In some instances, the first notification that a victim of identity fraud will have is when they receive contact from a debt collection agency with regards to debts that are not theirs.

Identity fraud can have massive implications for victims as the opportunity for the fraudsters can be great. An identity fraudster can use the information that they acquire to potential carry out various tasks, such as:

• Open a new bank account
• Apply for credit cards, loans and higher purchase goods
• Apply for state benefits
• Order goods in the name of the victim such as from a catalogue or mail order outlet
• Take control of and manage existing accounts in the victim's name
• Apply for mobile phone contracts
• Obtain genuine identification documents such as a passport or copy of a driving licence which will offer further ability and opportunity for the fraudster.

Identify theft and identity fraud are criminal offences that can be punishable through court action.

How can individuals protect themselves from identity theft and fraud?

Identity theft can occur when an offender acquires paperwork, correspondence and documents from a victim's rubbish bin or through contacting them under the pretence of working for a legitimate company. There are a number of ways in which people can protect themselves from identity theft and fraud, including:

• Never providing personal information in response to any email or phone call requesting details. This includes all unsolicited emails and calls, even if they appear to be genuine contact from the bank or creditor asking for security details. Instead, choose to call the company back, confirm whether they had requested information and follow their security measures. Even when speaking to the bank or organisation in this way, passwords, login details and pin numbers should never be given and should never be requested by the business.
• Create and maintain strong and complex passwords for online accounts to ensure that they are not easily guessed. What is more, use separate passwords for different sites to heighten security, and change them periodically.
• Enhance protection for internet devices by maintaining up to date security software.
• Be sensible and vigilant in disposing of financial documents including bank statements and invoices. Shred or burn such documents to ensure that they are not accessible to fraudsters and thieves.
• If bank statements and financial documents do not arrive when expected, contact should be made with the bank or credit card company to confirm whether they were sent.
• Have post redirected by the Royal Mail for at least one year following a house move
• Ensure that social media profiles are secure and private to be confident that information is only shared with people that you know.
• Be aware that fraudsters and thieves can try to obtain personal information from the DVLA if they have car registration numbers and so photographs of cars should not be shared freely on social media or similar sites.
• Do not use sensitive sites when accessing the internet on public wi-fi networks which may not be secure, particularly not mobile banking website and apps.

How to Report Identity Theft and Fraud

Any person who believes that they have been the victim of identity theft or fraud should take immediate action in order to prevent further complications or damage. This can be done by contacting the bank, credit card provider or credit organisation concerned as well as reporting the case to the local police. Restrictions can be applied to the person's financial accounts and credit facilities in order to ensure that the thief or fraudster is not able to make further withdrawals, purchases or cause additional damage.

Reports of identify theft and fraud can also be made using the Police's fraud reporting service Action Fraud.