Showing posts with label criminal identity theft. Show all posts
Showing posts with label criminal identity theft. Show all posts

Saturday, 18 September 2010

Data Protection Act by www.securityconsole.co.uk

In the United Kingdom personal data is protected by the Data Protection Act of 1988. The Act covers all personal data which an organization may hold, including names, birthday and anniversary dates, addresses, telephone numbers, etc.
Under English (which extends to Wales but not necessarily to Northern Ireland or Scotland), the deception offences under the Theft Act of 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."
Increasingly, organizations, including Government bodies will be forced to take steps to better protect their users' data.
Stats released by CIFAS on the 2nd of February 2010, show that in 2009 in the UK that there were 85,000 victims of impersonation and 24,000 victims of bank account takeovers. this represents a 35% and 15% increase respectively from 2008 levels. This is the understanding of www.securityconsole.co.uk and should not be construed as legal advice

criminal identity theft

Criminal identity theft
According to www.securityconsole.co.uk when a criminal fraudulently identifies himself to police as another individual at the point of arrest, it is sometimes referred to as "Criminal Identity Theft." In some cases criminals have previously obtained state-issued identity documents using credentials stolen from others, or have simply presented fake ID Provided the subterfuge works, charges may be placed under the victim's name, letting the criminal off the hook. Victims might only learn of such incidents by chance, for example by receiving court summons, discovering their drivers licenses are suspended when stopped for minor traffic violations, or through criminal background checks performed for employment purposes.
It can be difficult for the victim of a criminal identity theft to clear their record. The steps required to clear the victim's incorrect criminal record depend on what jurisdiction the crime occurred in and whether the true identity of the criminal can be determined. The victim might need to locate the original arresting officers and prove their own identity by some reliable means such as fingerprinting or DNA fingerprinting, and may need to go to a court hearing to be cleared of the charges. Obtaining an clearing of court records may also be required. Authorities might permanently maintain the victim's name as an alias for the criminal's true identity in their criminal records databases. One problem that victims of criminal identity theft may encounter is that various data might still have the incorrect criminal records in their databases even after court and police records are corrected. Thus it is possible that a future background check will return the incorrect criminal records. This is just one example of the kinds of impact that may continue to affect the victims of identity theft for some months or even years after the crime, aside from the psychological trauma that being 'cloned' typically engenders