Identity theft

Identity theft occurs when a criminal uses another person's personal information to take on that person's identity. Identity theft is much more than misuse of a Social Security number-it can also include credit card and mail fraud. If you think you may be a victim of identity theft, contact the

Federal Trade Commission (FTC)

to report what happened. You can

• call the FTC's ID Theft Hotline-1-877-IDTHEFT (438-4338) or
• use the FTC's online ID Theft Complaint form.

for up-to-date information about how to work with credit bureaus and law enforcement agencies to reclaim your identity.

Social Security Administration (SSA) for

• a replacement card if your Social Security card was lost or stolen,
• a new Social Security number in certain circumstances, and
• help to correct your earnings records.

Office of the Inspector General, SSA, to report Social Security number misuse that

• involves buying or selling Social Security cards, or
• may involve people with links to terrorist groups or activities.

The Federal government and numerous states have passed laws prohibiting identity theft. Anyone who intentionally uses the Social Security number of another person to establish a new identity or defraud the government is breaking the law.

We're making sure that Social Security numbers are less accessible by strengthening our processes for issuing new Social Security numbers and replacement Social Security cards. Additionally, we are working with other federal agencies to find ways to detect and prevent identity theft.

To get more information about Social Security numbers and identity theft, download the following publications

FTC Information

Take Charge: Fighting Back Against Identity Theft (06/05)

Social Security Information

Identity Theft And Your Social Security Number (05-10064)
New Rules For Getting A Social Security Number And Card (05-10120)
Your Social Security Number and Card (05-10002)

[top]Legal Response

In the United Kingdom personal data is protected by the Data Protection Act. The Act covers all personal data which an organization may hold, including names, birthday and anniversary dates, addresses, telephone numbers, etc.

Under English law, the deception offenses under the Theft Act 1968 increasingly contend with identity theft situations. In R v Seward (2005) EWCA Crim 1941 the defendant was acting as the "front man" in the use of stolen credit cards and other documents to obtain goods. He obtained goods to the value of £10,000 for others who are unlikely ever to be identified. The Court of Appeal considered sentencing policy for deception offenses involving "identity theft" and concluded that a prison sentence was required. Henriques J. said at para 14: "Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences."

In Australia, privacy law is the responsibility of the Office of the Privacy Commissioner.

In the USA, until 2003, dealing with consumer crimes involving legally attributed personal identifiers was the jurisdictional responsibility of the local and state authorities. Identification documents are a different story, addressed in Title 18 > Part I > Chapter 47 s.1028 of the U.S. Code. The unlawful use of identification documents is historically a federal offence. In response to the consumer issue of "identity theft", the U.S. Congress passed the Identity Theft and Assumption Deterrence Act (2003) amending Title 18 > Part I > Chapter 47, s. 1028 to include the unlawful use of a "means of identification" [s,1028 (d)(7)] making it a federal crime alongside identification documents. The title of s.1028 is, "Fraud related to activity in connection with identification documents, authentication features, and information". The Act also provides the Federal Trade Commission with authority to track the number of incidents and the dollar value of losses. There figures relate mainly to consumer financial crimes and not the broader range of all identification-based crimes. Punishments for the unlawful use of a "means of identification" were strengthened in s.1028a, allowing for a consecutive sentence under specific conditions of a felony violation defined in s. 1028c.

If used to commit another crime in the commission of identity theft in the United States (if charged federally) include:

• Class B Felony: 6-20 years in Jail and a fine up to $10,000
• Class C Felony: 2-8 years in Jail and a fine up to $10,000

If charges are brought by state or local law enforcement agencies, different penalties apply depending on the state.

In France, a person convicted of identity theft can be sentenced upto 5 years in prison and fined upto €75,000.

[top]External Links

Identity Theft Resource Center - A U.S. non-profit nationally known organization that focuses on issues of identity theft, scams, and fraud

The President’s Task Force on Identity Theft - a government task force established by US President George W. Bush to fight identity theft.

All Party Parliamentary Group on Identity Fraud Website - initiative of British parliamentarians

United Kingdom Home Office Identity Theft Website

Privacy Rights Clearinghouse webpages a non profit consumer information and advocacy organisation

United States Federal Trade Commission

United States Department of Justice

Identity Theft: A Research Review, National Institute of Justice 2007

Ways to Protect yourself from Identity Theft




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