Identity Theft (Art. 190a § 2 of the Penal Code) – A Crime of the Digital Age
In today’s digital world, where almost everyone is present online, identity theft has become one of the most serious threats. This crime, which can affect anyone, often goes unnoticed until the damage has already been done. In Poland, identity theft is regulated under Article 190a § 2 of the Penal Code, which outlines severe consequences for both the perpetrator and the victim. But what exactly is identity theft, how does it occur, what penalties are involved, and how can one protect themselves from becoming a victim?
What is Identity Theft?
Identity theft is a crime involving the illegal acquisition of another person’s personal data, such as their name, surname, PESEL number, login details for bank accounts, or credit card information, with the intention of using it for financial gain. The perpetrator typically aims to cause harm to the victim – for instance, by taking out a loan in their name, entering into a contract, or making financial transactions without the victim’s knowledge or consent.
How Does Identity Theft Occur?
Criminals are increasingly using information technology to steal personal data. Identity theft can take on various forms, with perpetrators employing methods such as:
- Phishing – pretending to be trusted institutions like banks, online businesses, or public authorities to obtain personal information from the victim.
- Malware – installing viruses or trojans on the victim’s computer to steal login details and other sensitive information.
- Fake Documents – forging documents such as ID cards, passports, or credit cards to impersonate someone else.
- Online Tracking – gathering publicly available information from social media profiles or other online spaces to obtain access to private accounts.
What Are the Consequences for the Perpetrator?
According to Article 190a § 2 of the Penal Code, identity theft, which involves unlawfully acquiring and using personal data to cause financial or emotional harm, is a criminal offense punishable by serious penalties. The perpetrator may face:
- A prison sentence of up to 3 years.
- In cases with particularly severe circumstances, the sentence may be extended to up to 5 years in prison.
It is also important to note that identity theft can lead to additional financial consequences. In addition to the prison sentence, the perpetrator may be required to compensate the victim for the financial losses or moral damages caused.
How to Protect Yourself from Identity Theft?
Protection from identity theft is crucial in today’s digital age. To minimize the risk, it is important to follow several guidelines:
- Secure Your Passwords – Use strong, unique passwords for different accounts, and enable two-factor authentication wherever possible.
- Be Careful with Personal Data – Avoid sharing sensitive information like your PESEL number, ID number, or bank account details unless you are sure it is safe.
- Monitor Your Transactions – Regularly check your bank accounts and transaction history to detect any unauthorized activities.
- Avoid Suspicious Links – Do not click on links from unknown senders in emails or SMS messages, as they may lead to phishing attempts.
- Install Antivirus Software – Protect your devices from malicious software to prevent the theft of your personal data.
- Report Unauthorized Activities – If you notice that someone might have access to your personal data, immediately report it to the relevant authorities and institutions.
Conclusion
Identity theft is a serious crime that can lead to significant consequences for both the victim and the perpetrator. In Poland, this crime is severely punished, with legal provisions in place to protect citizens from unauthorized access to their personal data. Securing your personal information and being cautious online are essential steps to minimize the risk of falling victim to this crime.
As of: March 10, 2022
Cyberlaw by Judyta 