Impersonation

Verified 20 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A person uses your personal data and performs acts on your behalf (e.g. opening an account or credit, administrative action)? You're a victim of a impersonation. We explain the steps to take and how to protect yourself.

Identity theft is taking, without his consent, the identity or personal data of another person and to use them in a malicious purpose.

Stolen information can be used to make financial transactions (e.g. obtaining credit), administrative (e.g. issuing an identity card...) or commercial (e.g. purchase). They can be used to commit crimes infringements (e.g. scam) or to infringe reputation of the victim (e.g. defamation).

It's a offense penal.

In case of malicious use of personal data of the victim, we're talking aboutdigital identity theft.

The usurpation identity is different from the use of a false identity. False identity is the creation of a false identity non-existent person and to be issued with identity documents in that name.

Examples of identity theft include:

  • Theft or loss of identification
  • Social media hacking (e.g. personal data recovery)
  • Sending personal documents to fake rental or employment ads
  • Sending personal information to a false organization or administration
  • Recovery of sensitive documents (bank statement, salary slips...) in the trash can

The spoofer can use the name and personal data the victim for, for example:

  • Open an account and use the credit card or checkbook to make purchases
  • Take out a credit in the victim's name and not pay it back
  • Receive social assistance from the social security or the FCA
  • Open a phone line
  • Create social media accounts
  • Make fake papers
  • Commit an offense (e.g. incitement to violence, blackmail, cyberstalking under the identity of the victim)

The victim can verify that he or she has been the subject of identity theft by:

In case of suspicion of identity theft, the victim may file a handrail for report the facts (loss of his identity document, sending personal documents to a false job advertisement...).

When the victim realizes thatthey use their name or personal data without their knowledge, she is victim identity theft. She can complain and notify relevant administrations and bodies.

Drop a handrail

In case of suspicion of possible identity theft (e.g. due to hacking or loss of identity documents), a handrail may be deposited.

It is a statement that must be made in surrendering in a police station or gendarmerie.

The facts (nature, date, place...) are recorded in a police or gendarmerie register.

This handwriting can be used to date the facts or as evidence in subsequent criminal proceedings.

File a complaint

The victim may complain as soon as it realizes that an offense has been committed. For example, when they receive a claim for a credit that they did not take out.

The complaint must be accompanied by all evidence (screenshot, messages, addresses of the Internet pages concerned, refund request documents...).

At the time of filing a complaint, the victim may give his consent to be registered at the wanted persons index (RFT) for the purposes of the investigation.

FYI  

The handrail and the complaint have goals different.

If you feel like you are victim of a criminal offense and that you want the perpetrator is prosecuted, then you must complain.

If you want to do establish a situation, point out or denounce of the facts you are witness or victim without a criminal prosecution, then you have to file a handrail.

Notify agencies, administrations...

If identity theft is in the financial domain

The victim must notify banking institutions or financial (business of credit...).

They can obtain a list of bank accounts opened in their name by consulting the file of bank accounts and similar (Ficoba)

It may check that it is not registered with the Banque de France by consulting the Central Check File (CCF) and the Credit Reimbursement Incident File (FICP).

The victim may make an affidavit to the agencies which are responsible for his or her actions stating that he or she is not the perpetrator by enclosing a copy of the complaint.

Whether the identity theft is administrative

The victim shall inform the bodies and authorities (Caf: titleContent, social security, pension fund, mutual fund, taxes...) of identity theft.

Impersonation concerns a fine

The victim who receives a application for payment of a fine for acts she did not commit must file a complaint for identity theft.

She must challenge the fine.

For traffic offenses (e.g. speeding), in case ofimpersonation of license platescarte grise , it may apply for a new registration number and a new

This is digital identity theft

We're talking aboutdigital identity theft when a person uses another person's identifiers on the Internet without their consent. It can be his first and last name, photos, his email address, but also IP addresses, logos...

The victim may complain and point out digital identity theft directly at relevant platforms (Facebook, X, Instagram, Snapchat, YouTube...).

The victim can ask for the removing malicious post.

Identity theft is a offense.

The penalty isone year in prison and €15,000 of fine.

This offense is punishable by the same penalties when committed on a social network.

Where such an offense is committed by the husband, on civil partnership partner or the common-law partner of the victim, the penalty shall be increased to 2 years imprisonment and €30,000 of fine.

Taking the name of a third party when committing a infringement which may lead to criminal proceedings shall be punishable by 5 years imprisonment and €75,000 of fine. For example, when a person is arrested with drugs and gives the name, address...of another person who is then summoned to court for trial.

To prevent identity theft, certain precautions can be taken, such as:

  • SETTLE a anti-spam software, one anti-virus
  • Put On regularly updated security devices, software or applications
  • Use different passwords and complex for each site and application
  • If you are unsure who sent a message, check website by manually entering its address (URL) in the browser
  • Before throwing away sensitive documents (bank statements, salary slips, tax notices...), tear in such a way as to render them unreadable or impossible to reconstitute
  • Add a note on the documents submitted (watermark) indicating the reason for the dispatch, the date and the consignee so that they are not re-used for fraudulent purposes
  • Well done disconnect from all accounts when connecting to a computer or a public Wi-Fi network

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