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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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