Identity theft on a social network, how to react?

The use of social networks continues to be a trend in the digital world today, as the 2024 Global Overview Report shows.

In January 2024, there were 7.43 million active users of social networks in Portugal (it should be noted that these may not be unique users, as the same user may have several social networks). This figure represents 72.6 per cent of the Portuguese population. The study also indicates that, of the total number of internet users in Portugal, 84 per cent have at least one social network since January 2024.

These are very significant figures and reflect the adherence of citizens to the digital world. However, while growth is inevitable in itself, the occurrence of cybercrime also goes hand in hand with this trend.

One of the best examples is identity theft, which occurs by using other people's photos to create fake profiles on social networks.

It is important to emphasise that, in Portugal, identity theft does not correspond to a type of crime, but only to a phenomenon to which different types of crime apply.

To correspond to a situation of online identity theft, it must occur:

1. obtaining the victim's personal data without their consent;
2. the possession or transfer of this data with the intention that it be used for illicit purposes;
3. use of this personal data for the commission of criminal offences.

All it takes is for one of these behaviours to take place over the Internet to be online identity theft.

Once the victim's personal data has been obtained, the criminal can use it to commit various crimes, such as:

1. crimes committed in the victim's name
2. offences that allow the perpetrator or a third party to become illicitly wealthy;
3. crimes that cause direct harm to the victim, or that in some way allow them to be defamed.

How can I defend myself?

Depending on what has happened, it is possible to file a complaint or criminal complaint, specifically for the offence of computer fraud, swindling, defamation, invasion of privacy, violation of correspondence, use of photographs against one's will, or illegitimate access to a computer system.

For example, the Oporto Court of Appeal ruled on 24 March 2013 that "the offence of computer fraud is committed. 2013, that "the offence of computer falsehood is committed by those who create computer accounts in which they produce non-genuine profile data of another person, by using their personal data which, pretending to be their own, they introduce into the computer system, to create, via the internet, a site of their own on the social network platform Facebook, a psychological image, character, personality and identity of that person, which do not correspond to reality, with the intention of being considered genuine; and, through those accounts, pretending to be that person, divulge intimate contents of their personal life, thus causing deception, with the intention that those accounts be taken as true and real, thus causing damage to the honour and image of that person, as was their intention. In this offence, the damage does not have to be to property, because the legal asset it protects is not property, but the confidentiality, integrity and availability of computer systems, networks and computer data."

If a citizen is the victim of online identity theft, they can demand the removal of the fake profile from the company responsible for the social network platform used. Some social networks already offer solutions that allow users to report fake profiles, which speeds up the process. In any case, the victim can always go to court to demand the removal of the fake profile and, if they wish, claim compensation for the damage caused.

It's up to each one of us to take a serious look and have a critical attitude when it comes to sharing information on social networks. It is important to take a preventive approach by adopting security and privacy measures in order to reduce the likelihood of becoming a victim of identity theft.