I am a victim of identity theft, what do I do?

Lawyou — jueves, 25 de febrero de 2021

What is identity theft?

Phishing is a crime that has existed since practically forever and is defined as the act by which one person impersonates another in order to carry out activities contrary to the law such as, for example:

  • Cyberstalking.
  • Scamming.
  • Obtaining private or secret information.
  • Making fraudulent purchases.
  • Fraudulent purchases.
  • Fraudulent purchases.
  • Vulnerate the right to one’s own image.
  • Vulnerate the right to one’s own image.
  • Scamming.


The article 197 bis of the Penal Code establishes that whoever, by any means or procedure, accesses or facilitates access to the whole or part of an information system or remains in it against the will of the whoever has the legitimate right to exclude it, shall be punishedwith apenalty of imprisonment of 6 months to 2 years.

Likewise, the second paragraph of the article adds that whoever is not duly authorized, intercepts non-public transmissions of computer data, shall be punished with a prison sentence of 3 months to 2 years or a fine of 3 to 12 months.

What is punished in said article is a crime of discovery and disclosure of secrets and it is a crime that we will be committing if we get into the profile of another person with the aim of, among others, acquiring their passwords.

Similarly, it is necessary to mention the Organic Law 1/1982, which covers the infringement of the right to one’s own image. In relation to impersonation, we will be violating the self-image of a person when we create a false profile using data of the person being impersonated.

Finally, the Spanish Constitution also guarantees in its article 18 the right to honor, personal and family privacy and self-image.

What to do if my identity is impersonated?

In case you have been a victim of identity theft, it is important that you take into consideration the following advice or recommendations:

  • Cancel your cards immediately.
  • Change your social network passwords to more secure ones.
  • Passwords.
  • Make screenshots that prove the impersonation, print them and take a notarized record so that you can be aware of it.
  • Screenshots of your passwords and notarize them.
  • Configure your accounts so that they are as private as possible.
  • Check the privacy policy of the site you intend to access.
  • Go to the Guardia Civil to file a complaint.
  • Find a Personal Protection Agency to file a complaint.
  • Find a lawyer who can help and advise you.

At LAWYOU, we have the solution.

From LAWYOU we help you to solve any issue in this regard, as we have lawyers who are specialists in the field. Do not hesitate to contact us through our e-mail address info@lawyoulegal.com or, if you prefer, you can also call us at 667 606 611.

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