How to Act in Case of Identity Theft

Identity theft becomes an increasingly present threat on social networks day by day.

Celebrities, ordinary citizens, and companies are in the sights of this scam that does not discriminate and seeks to take advantage of trust to obtain illicit benefits:

Celebrities are an attractive target for impersonators, as their public image can be used to obtain economic benefits or to generate misinformation. Cases of fake accounts on social networks or fraudulent websites that use the name of an artist or celebrity are increasingly common.

Ordinary citizens are also vulnerable to identity theft. The theft of personal data, such as identification numbers or banking information, can be used to make fraudulent purchases, apply for credits in the victim’s name, or even access their bank accounts.

Companies are not exempt from this problem. Impersonators can pose as employees or representatives of a company to obtain confidential information or to make fraudulent transactions. The damage to the company’s reputation can be considerable in these cases.

The modalities used by scammers to deceive their victims are diverse (from the creation of fake profiles on social networks to the falsification of official documents), but the ultimate goal is the same: to obtain personal or financial information to commit fraud, theft, or damage to reputation.

Here you will see only a few examples, which may sound familiar to you, of cases of identity theft:

Case of Shakira: In 2023, singer Shakira was a victim of identity theft on Twitter. A fake profile with her name and photo posted a message announcing her retirement from music. The message was shared thousands of times before being removed.

Case of Elon Musk: In January 2023, a campaign of identity theft was detected that used fake accounts with Elon Musk’s name and image to offer cryptocurrencies in exchange for a small initial investment. The accounts promised exorbitant returns on investment and used messages and hashtags related to Tesla and SpaceX to increase their credibility.

Bank Impersonation on Instagram: Throughout 2023, there has been an increase in bank impersonation on Instagram. Scammers create fake profiles with logos and names similar to real banks and contact users via direct message to request personal information, such as bank passwords or credit card details.

Influencer Impersonation on TikTok: In 2023, the creation of fake accounts on TikTok that imitate popular influencers has proliferated. These accounts seek to take advantage of the trust that users have in real influencers to scam them or spread false information.

Company Impersonation on LinkedIn: Cases of company impersonation on LinkedIn have been detected, where scammers create fake profiles to contact professionals and offer fake job opportunities or obtain personal information.

Celebrity Impersonation on Facebook: On Facebook, celebrity impersonation remains a common problem. Scammers create fake profiles with photos and names of celebrities to gain followers, spread false information, or carry out scams.

What is Identity Theft on Social Media? And What About Phishing?

Identity theft on social media occurs when someone creates a fake profile using your name, photo, and other personal information without your consent.

Phishing is a specific tactic within identity theft that focuses on deceiving people by sending emails, text messages, or social media messages that appear to be from legitimate companies or known individuals, but are actually fake. These messages often contain malicious links or requests for personal information with the goal of stealing sensitive data, such as passwords, credit card numbers, or financial information. We will focus on what identity theft is, but many of the recommendations can also apply if you become a victim of phishing.

What criminals achieve with identity theft on social media:

1. Damaging Reputation.
The impersonator can create a fake profile with the victim’s name and post defamatory, harassing, or embarrassing content. This can have a negative impact on the victim’s personal, professional, and social life.

2. Obtaining Personal or Financial Information.
The impersonator may try to gain the victim’s trust to obtain personal or financial information, such as passwords, bank account numbers, or credit card details. This information can be used for fraud, identity theft, or other crimes.

3. Spreading False Information.
The impersonator may use the fake profile to spread false information or propaganda. This can have a negative impact on society as it can contribute to polarization and misinformation.

4. Accessing the Victim’s Accounts.
The impersonator may try to deceive the victim into providing their passwords or clicking on a malicious link. This can allow the impersonator to access the victim’s accounts on social media, email, or other platforms.

5. Committing Other Crimes.
Identity theft on social media can be used to commit other crimes, such as cyberbullying, grooming, or sexting.

It is difficult to obtain accurate statistics on the number of cases of identity theft on social media, as many cases go unreported. However, there are some sources that provide information on the incidence of this crime, and the data keeps growing!:

In 2023, the Office of the Internet User Security (OSI) received 10,449 reports of identity theft, representing a 23% increase from the previous year. Of these reports, 8,234 were related to identity theft on social media.

In 2023, the National Cybersecurity Institute (INCIBE) received 25,679 inquiries about identity theft, representing an 18% increase from the previous year. Of these inquiries, 19,874 were related to identity theft on social media.

Have You Been Impersonated on Social Media?

Identity theft on social media is a serious problem and requires immediate action.

Next, we will explain what to do if it happens to you, who to contact, how to report it, and the steps to obtain proof certification with SaveTheProof.

1. Gather Evidence.

Take screenshots of the fake profile, posts, messages, and any other evidence you have with SaveTheProof. Above all, DO NOT delete any messages.

In these cases, screenshots (with the Ctrl + Print Scrn keys) are not useful as they are easily challengeable in court. Look for an online witness like SaveTheProof from which you can hire the digital evidence certification service.

From your account on SaveTheProof.com and with the service of web browsing session certification, you can access the social network (even log in if necessary) and take screenshots as needed (capture of the fake profile, posts made in your name, messages, etc.). The entire process will also be recorded in a video with included audio.

Once you have the certificate, backed with advanced digital signature and qualified timestamp seal, you will have the probative evidence and you can prove to the police, to the social media platforms themselves, and if necessary, to a judge, that the profile and the content was posted, on that day, at that time, on that social network.

Remember that collecting solid evidence and presenting it properly is crucial to defend your rights and pursue those responsible.

The advantages of certifying the screenshots with SaveTheProof:

• Easy-to-use Platform: You don’t need to install anything or have technical knowledge.
• Generation of certificates for the screenshots taken: SaveTheProof allows you to take screenshots securely, guaranteeing the integrity of the evidence. Certificates issued by SaveTheProof offer maximum probative guarantee as they are backed by advanced digital signature and qualified timestamp seal.
• Cloud Storage: The certificate with the evidence of the impersonation collected is securely stored in the cloud and accessible to you from your SaveTheProof account, and you can grant access to the browsing session if required (to your lawyer, police, computer expert, etc.). Furthermore, the certificates can be verified online to ensure their validity and authenticity, if necessary.

2. Contact the Social Network.

Most social networks have policies against identity theft. It is important to provide the social network with as much information as possible about the fake profile, such as:

• The URL of the profile.
• The username of the profile.
• The posts made by the profile. In this case, you can prove it with the certificate you have obtained with SaveTheProof.
• Any other relevant information.

Once you have all the information, you can report the fake profile to the social network following their instructions:

On Facebook:

Click on the three dots located below the cover photo of the fake profile.
Select “Report” and follow the on-screen instructions.

On X (Twitter):

Click on the three dots located next to the name of the fake profile.
Select “Report for abusive behavior” and follow the on-screen instructions.

On Instagram:

Go to the fake profile and click on the three dots located in the upper right corner.
Select “Report” and follow the on-screen instructions.

On TikTok:

They offer two main methods to report an account impersonating you or someone else:

• Through the TikTok app, where you should follow these steps:
  Access the profile of the account you want to report.
  Tap the three dots (…) located in the top right corner of the profile.
  Select “Report”.
  Choose the option “Impersonation”.
  Indicate if the account is impersonating you or someone else.
  Follow any additional on-screen instructions.

• Through the TikTok online form: (Link: https://support.tiktok.com/en/safety-hc/report-a-problem/report-an-impersonation-account)

Steps to follow:
Access the TikTok online form to report impersonation accounts.
Complete the form with the required information, including the URL of the infringing profile, your TikTok username, and a description of the issue.
Submit the form.

Once the relevant social network is informed, they will review your report and take appropriate action. If the profile is confirmed as fake, it will be removed.

If the response provided by the platform is not satisfactory, you can file a formal complaint with the Spanish Data Protection Agency (AEPD) through its electronic headquarters. To do so, you must attach the documentation proving that you have previously contacted the relevant social network.

3. Report to the Authorities.

If identity theft has caused you serious harm, you can file a report with the Police or Civil Guard, either at a police station or online through their websites.

How to Report?

To report identity theft, you will need to provide the following information:

• Your personal information: Name, ID/NIE, address, and phone number.

• Required documentation: Provide as much information as possible about the scam, including screenshots generated with SaveTheProof, emails, URLs, and any other details that may assist in the investigation (user’s name, posts, and any other relevant information).

Above all, if you are unsure of the severity and scope of the damages caused, it is advisable to consult with a lawyer to obtain the necessary legal advice.

Contact Information That Can Be Very Useful (*):

(*) All information is about Spanish authorities. You should refer to the specific authorities of the country where you are affected.

Applicable Laws and Responsible Parties

The legal consequences of identity theft on social media:

Judicial Process:

• Upon filing a report, legal proceedings against the offender are initiated. This process can be pursued through civil or criminal channels, depending on the severity of the offense and the damages incurred.

Applicable Criminal Offenses:

• While identity theft is not specifically defined as a crime in the Spanish Penal Code, there are other offenses that may apply:

• • Identity theft (Article 401 CP): Punishable by imprisonment from three months to three years. This can apply in cases where identity theft aims to assume another person’s identity for personal gain or to cause harm.
  • Violation of privacy (Article 203 CP): Punishable by imprisonment from one to two years or a fine of 6 to 24 months. This can apply in cases of creating fake profiles or disseminating images of the victim without consent.
  • Unauthorized disclosure of secrets (Article 197 CP): Punishable by imprisonment from two to five years. This can apply if the perpetrator reveals intimate or personal information about the victim without consent.

Civil Process for Moral Damages:

• The victim can also pursue a civil case for moral damages to obtain financial compensation for the psychological and emotional harm suffered as a result of identity theft.

Responsible Parties for Identity Theft:

• The creator of the fake profile.
• The person who provided the victim’s personal data to the creator of the fake profile.
• The social media platform where the fake profile was created, if they failed to take action to remove the profile after it was reported.

We also want to include some references to identity theft rulings on social media presented in Spain during 2023:

Ruling of the Provincial Court of Madrid:

In February 2023, the Provincial Court of Madrid sentenced a man to one year and six months in prison for impersonating his ex-partner on social media. The man created a fake profile with his ex-partner’s name and photos and posted false and defamatory content with the intention of damaging her reputation.

Ruling of the Penal Court of Barcelona:

In March 2023, the Penal Court of Barcelona sentenced a woman to six months in prison for impersonating a company on Facebook. The woman created a fake profile with the company’s name and logo to offer fake products to users.

Ruling of the Penal Court of Seville:

In April 2023, the Penal Court of Seville sentenced a man to three months in prison for impersonating an influencer on Instagram. The man created a fake profile with the influencer’s name and photos to gain followers and economic benefits.

Ruling of the Penal Court of Valencia:

In May 2023, the Penal Court of Valencia sentenced a woman to four months in prison for impersonating a company on LinkedIn. The woman created a fake profile with the company’s name and logo to contact professionals and offer them fake job opportunities.

Ruling of the Penal Court of Málaga:

In June 2023, the Penal Court of Málaga sentenced a man to six months in prison for impersonating a bank on Twitter. The man created a fake profile with the bank’s name and logo to scam users.

And How to Avoid Potential Identity Theft?

Some tips to prevent, or make it more difficult, for you to become a victim of identity theft:

• Don’t share personal information on social media, only with your contacts.
• Don’t share security codes or PIN numbers.
• Use strong and different passwords for each account.
• Enable two-step verification.

Here’s a link to learn how to activate 2FA on your SaveTheProof account: (https://www.savetheproof.com/en/faq#myaccount)

• Be cautious of messages and friend requests from strangers.
• Stay vigilant for any unusual activity on your accounts.
• As a preventive measure, you can conduct ego surfing (searching for yourself online). This can help you identify any leaked personal information or suspicious activity.

Thank you for reading, and feel free to contact us with any questions! 😉

Greetings from SaveTheProof!