Digital identity theft is punishable by law with the application of an article of the Criminal Code that equates the crime of phishing and digital identity theft with personal substitution. As provided in fact by the Criminal Code, anyone, in order to procure an advantage for himself or others or cause others harm, induces someone in error by illegally replacing his own by the person, or by attributing to himself or to others a false name or a false status, or a quality to which the law attributes legal effects, is punished, if the fact does not constitute another crime against the public faith, with imprisonment up to a year. Starting from this assumption, however, many other steps have been taken forward to punish those who are guilty of these digital crimes. The salvagedata’s recovery software comes up as an extremely important one here.
What is Identity Theft
Identity theft on the internet is a topic on which the Cassation has also ruled several times, given the increase in cases due to the increasingly widespread use of social networks and the web in general. The law has indeed defined with the sentence that complex of registry data that serve to identify the subject in its relations with the public authorities and to distinguish it from other associates. With the advance of the digital world, it was inevitable to give a complete definition of personal identity, especially in relation to the regulation on the protection of sensitive personal data. There is therefore no doubt that the person who carries out identity theft on his own will face very heavy criminal consequences.
The Use of Legal Asset
The legal asset protected by the penal code is in fact that of public faith and in the event of actual identity theft the denunciation takes effect in the presence of a deception on the true essence of a person or his identity or his real attributes, also therefore in the case in which the facts are carried out online. The conviction for digital identity theft will also be effective in cases where a profile is created online on social media with a photo of a person who has not granted its use.
- Law has in fact clarified the concept of personal identity by adding among the crimes. Also the computer fraud committed with the replacement of digital identity which in the third paragraph expands the sentence providing for a prison term of two at the age of six and a fine ranging from 600 to 3,000 dollars in the event of theft of digital identity undue against a subject. The same commitment to the legal protection of phishing and identity theft on the Internet can be found in the Declaration of Rights on the Internet.
- Each person has the right to an integral and up-to-date representation of their identities on the Net. The definition of identity concerns the free construction of the personality and cannot be subtracted from the intervention and knowledge of the person concerned.
The use of algorithms and probabilistic techniques must be brought to the attention of the persons concerned, who in any case may oppose the construction and dissemination of profiles that concern them. Each person has the right to provide only the data strictly necessary for the fulfillment of obligations provided by law, for the supply of goods and services, for access to platforms operating on the Internet.
The attribution and management of digital identity by public institutions must be accompanied by adequate guarantees, in particular in terms of security.