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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.

Digital evidence Password Authentication Recovery account Phone/Tablet Damage Reputation Identity Cybercrime User account Computer/Laptop Access recovery System restore Criminal charges

Publicly disclosing personal information about a target, such as home address, familial status, bank and credit card details, date of birth etc. This information can be posted on one or many different platforms, in comment sections, or via video or text. 

Regardless whether or not disclosed data is utilised for harassment, the unauthorized posting of data alone, qualifies as doxxing, and is viewed as a type of online attack. As is often the case, when doxxing creates an imminent danger to safety, art. 138 of the Criminal Code - Endangering safety - could provide legal protection. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence  needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

Art. 146 of the Criminal Code, Unauthorised Collection of Personal Data, which prohibits the collection, publication and use of data for purposes “other than those for which they are intended”, could provide the basis for legal protection. 

Document every instance and location in which your personal data was posted, and file this evidence with the police.

Immediately report doxxing and any other unauthorised publication of personal data to the websites or platforms where it was posted, and to the police. 

Follow-up on your report to better ensure they respond.  Immediate action is key to prevent further distribution of your personal information online.

Turn off location tracking options on your phone, Google maps, and other applications that collect your sensitive data (location, key address, etc). 

Put strict privacy controls on your social media profiles, and two-step authentication  systems for all website logins storing your sensitive data. 

Talk to the people you trust - colleagues, friends, employers. Urge the police to alert the platform to remove your personal data, and use website and platform reporting mechanisms. 
Deleteme is a tool that can help find and remove sensitive data online.

If you ever feel that the online violence you’re experiencing, might transition into the physical world, call the police → immediately. 

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