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P071 - Online identity theft: a close-up look at a growing phenomenon in Spain

Thu, September 12, 6:45 to 8:00pm, Faculty of Law, University of Bucharest, Front Courtyard

Abstract

Spain has consolidated its position as a European country with one of the highest rates of online impersonation. Online identity theft consists of the illegitimate acquisition of personal identifying information to create or access another person's account or profile without consent, simulating and generating, through actions to this end, confusion about the real identity behind. One of the very few criminal offences capable of integrating this fraudulent activity would be Article 401 of the Spanish Criminal Code, relating to the usurpation of civil status.

In fact, from 2013 onwards, the number of criminally relevant civil status usurpations that the Spanish police forces have become aware of, either through a reported incident, preventive action or a police investigation, has continued to grow. While the number stood at 1601 in 2013, it reached 12509 in 2022, representing an increase of 681 %. Without ignoring the existence of undetected cases (dark figure), there has been a significant upward trend, possibly due to increased public awareness of crime, more effective mechanisms for pursuing, detecting and reporting the crime, etc.

In clear contrast, the number of convictions has been very modest. In 2013, 92 people were convicted, precisely the same number of people that were so in 2022. The fluctuation has been minimal over the years. In short, despite the detection of a more significant number of cases, convictions of those responsible for usurpation of civil status have been rare.

Moreover, the criminally relevant incidents known by the Spanish police forces have to do, in a very high proportion, with the online environment. On the other hand, as regards the data on convictions, the percentage relating to the online commission of the offence is anecdotal. This study will attempt to explain these intriguing discrepancies to understand better and deal appropriately with the phenomenon at hand.

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