Let's try to imagine how many times in a typical day it
would be possible for someone to steal our data and take our
Identity fraud of an individual's personal data with the aim
of committing illegal acts in his name has always interested the
Until recently, Italian laws didn't have any specific
legislation on identity fraud. The crime was punishable pursuant to
Article 494 of the Criminal Code relating to
"Impersonation", that is the action made by those who
steal or use someone's identity for personal benefit and/or to
cause damage. Yet this rule did not do proper justice to those
victims of digital identity theft. It was, therefore,
necessary to fill this gap in the law with new Italian laws.
And so it was, with the enactment of:
Decree Law 93/2013 converted into Law n. 119 of 15 October
And the introduction of:
Article 640-ter, paragraph 3 of the Criminal Code,
Which punishes computer fraud with imprisonment from 2 to 6
years and with a fine ranging from EUR 600 to EUR 3,000 "...
if the act is committed with theft or improper use of digital
identity to the detriment of one or more people ".
Points to consider generally in these types of crimes are:
The victim may not be aware of the identity theft until he/she
suffers the consequences.
The subtraction must necessarily involve a real identity, of a
natural or legal person. But it is the increasingly widespread
use of nicknames, especially on social networks, that makes it
particularly difficult to attribute the crime to a certain
It is not only those who are active on social networks or surf
the net running into such problems. For example, the
widespread use by department stores of ID documents upon payment of
products by cheque which are found to be photocopied later on.
Digital identity theft has a strong psychological impact on the
victim, as well as consequences from an economic point of view, it
can affect a person or company's reputation and force the
victim to defend themselves against something they never committed.
With technological innovation always developing, State, companies
and individuals must raise the issue of quality and efficiency
standards of the services provided and be responsible for what
information they provide online. These Italian laws by themselves
can only go so far, there is always a constant battle to balance
between the undeniable needs and rights of free network access and
the need for security, which is as much about the individual as the
public or private organization.
To discuss identity fraud or other cyber crimes, Italian laws
that you may be affected by, contact our legal team here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On April 5th, 2016, the Department of Justice ("DOJ") announced the Foreign Corrupt Practices Act Enforcement Plan and Guidance ("Guidance") which aims to ensure greater accountability for Foreign Corrupt Practices Act ("FCPA") violations and provide greater transparency for companies with regard to mitigation.
On February 18th, 2016 Turkey finally ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism Agreement.
Some comments from our readers The articles are extremely timely and highly applicable I often find critical information not available elsewhere As in-house counsel, Mondaqs service is of great value
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think youve read our Disclaimer).