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Once you have the log files from your server from which it could be seen that your website was targeted with a cyber incident, e.g. unauthorised access, you can file a criminal complaint to the police or competent prosecutor. 

When preparing a complaint, make sure you mapped and described the events during the incident as they happened (what behaviour with the site did you notice, at what time, were there any changes you weren’t aware of), prepared the server logs and other useful information, such as screenshots of suspicious activities.

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Identity manipulation or misuse of personal data is a serious threat with potentially far-reaching consequences. Whether the target is a person whose personal data has been misused, or someone else, the damage can be incalculable.

Due to the complexity and different manifestations of this category of assault, it is difficult to determine the legal basis offering the most suitable protection. In the case of fraud committed using the computer belonging to another person, and resulting in material or financial gain for the perpetrator, a criminal complaint may be filed under art. 301 (Computer Fraud).  Another criminal offense, the unauthorized collection of personal data (art. 146), must be initiated via private lawsuit, and therefore the identity of the perpetrator must be known.  

If a case of identity manipulation leads to psychological harm, or damage to reputation or dignity, then compensation may be claimed using civil legal procedures. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

 

Identity manipulation is often tied to financial fraud and online theft. There are different ways you can protect yourself from these crimes: limit the amount of money that can be transferred to another account, or taken out via ATM at one time, use at least a two-factor authentication system for your finance-related logins, and destroy old bank and other identity cards with sensitive data. 

If you are a victim of identity manipulation, inform the police as soon as possible, notify the financial institutions or websites where you have accounts and temporarily block compromised bank accounts and/or cards. 

Timely risk assessment and digital hygiene are important means of  prevention and protection.

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In cases of online harassment or other forms of violations of personal rights (e.g. endangering security with threats) it is possible to report these incidents to the police or other state authority in charge of investigating or prosecuting cybercrime , as they can present criminal acts which are punishable by law. 

To see best practices for gathering digital evidence before filing a complaint, see the “File a complaint” section.

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When you are filing a complaint to the police, it is important for you to gather all the necessary digital evidence  and not only to copy the content of the message in question. It is often not simple, as it requires technical knowledge and patience, for which few people upset by the attack can have nerves. If you can't deal with it, call a friend, colleague or family member for help. They can also record evidence of an attack, but also deal with your account on the platform on which the attack is taking place. The documentation should contain material evidence of the attack and be classified so as to facilitate the search. Using a spreadsheet can be convenient, as attacks can be sorted by time, location, cause, duration and type of attack, reports filed on the platform, and response. This is all important information for lawyers, police, further investigation and court proceedings. Try to identify the type of attack, because some forms of online threats are still unknown to the general public, and sometimes even to the police. This will help the investigators to better understand what happened and how to look for the perpetrators.

First, you should provide relevant links or URL addresses in their integral form, i.e. if the attack occurs on social media, then you should provide an integral link of the account which sent you a threat. Then, you should save a copy of the message in an integral form containing metadata, i.e. email headers. 

Furthermore, it would be good to make a screenshot/print-screen of the message, image or a video included in the incident. On the other hand, if there are several segments of the incidents - you are facing-multiple SMS-s, messages received via an application on a computer or phone, etc. - you should make a screenshot of each one or possibly make a video of the entire process. 

In addition, if the harassment occurs through phone communication, then the report should contain call logs issued by the phone operator because they contain the time of the call and the number from which the call was made, which may make further investigation easier. Also, you can turn to a Computer Emergency Response Team in your country, which may provide technical support and mitigate the damage, or state bodies in charge of investigating cybercrime . 

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