Identity theft: What can you do? What does it mean to have your identity taken?

Reading Time: 5 minutes

Reading Time: 5 minutes

A recent survey by cyber security company McAfee found that only one in three Singaporeans ranked protecting their identity as their top cyber security priority. In today’s age of technology, people have become all the more vulnerable to cybercrimes, with identity theft being especially prevalent. Anyone can be a victim of identity theft, yet so few understand the severity of identity theft until they experience it themselves.

In this article, we give you an overview of what constitutes identity theft and you how you can protect yourself from it, as well as what you can do as a victim.

What is identity theft?

Identity theft is the crime of obtaining the personal or financial information of someone else, such as one’s NRIC number or bank account information, to assume that person’s identity in order to commit fraud or other criminal acts.

In order to determine if you are a victim of identity theft, here are some warning signs that you should look out for:

Withdrawals from your bank account not made by you
Statements for an unknown credit card account being sent to you in your name
Unexplained entries in your credit statement
Unexplained denial of an application for credit
Collection notices for debts you do not have knowledge of
You do not receive bills or other important mail containing sensitive information despite requesting for them to be sent to your address
Your insurance company charges you a higher rate due to a pre-existing condition you do not have knowledge of
Your electronically-filed tax return is rejected
You receive a tax refund you did not request for
You are notified of a data breach at a company that stores your personal information (For example, a bank or hospital)

How does identity theft happen?

Identity theft can happen in a variety of ways, and can be broadly divided into two categories– real-life identity theft and digital identity theft. Real-life identity theft refers to situations where identity thieves obtain personal information through physical means:

Here are a few common ways for one’s identity to be stolen.

Stealing mail or personal items: Through mail, such as bank statements, and personal items such as laptops or wallets, identity thieves have easy access to your personal information.
Dumpster diving: Identity thieves can steal your information from paperwork that hasn’t been properly disposed of. This can be done through digging through your trash or the company’s dumpster to find personal information.
Shoulder surfing: Identify thieves will look over your shoulder when you make transactions, such as at the ATM. They could also use devices like cell phones to record you when you key in personal information.
Impersonating authority: This occurs when someone contacts you pretending to be a legitimate company, such as a bank, your employer, or even a fake lottery, asking for your bank account information and/or other personal information.

On the other hand, digital identity theft occurs when technology is used to to obtain your personal information. With the ubiquitous nature of technology and social media, it has become much easier for one’s identity to be stolen without them being aware until it is too late.

Social network websites: Through perusal of one’s information which can be found on social networking accounts on various platforms such as Facebook, Instagram, Twitter, etc., identity thieves can obtain a person’s name, date of birth, and address.
Hacking: An unsecured computer or public Wi-Fi network puts you at risk of having your information obtained by a hacker. For example, if you are shopping online using an unsecured public Wi-Fi network, you could potentially give hackers access to your passwords and financial data. Further, hackers can also obtain information by hacking the computer systems of organisations to get large quantities of information at once.

What can identity thieves do with your personal information?

With your NRIC number, passwords, date of birth, and bank information, an identity thief has the power to completely alter life as you know it. The various types of identity theft are explored in this section.

Financial Identity Theft

This occurs when the thief uses your personal data for financial gain. This includes scenarios where the thief opens multiple lines of credit in your name, often accumulating debt and tarnishing your credit scores.

Medical Identity Theft

This occurs when your personal information is used to obtain medical services, treatments or prescription drugs. If incorrect information is stored in the victim’s medical records, this can have disastrous consequences on their physical health.

Further, this can also occur where the thief uses the victim’s health insurance information to receive reimbursements on health care services. This may result in the victim having to pay a higher premium due to a pre-existing medical condition on the victim’s record that he does not have.

Considering that healthcare data cannot be as changed or cancelled like bank accounts or one’s NRIC, such a form of identity theft has become increasing popular for thieves.

Tax Identity Theft

This occurs when someone uses your personal information to file a false tax return and claims your refund. Alternatively, under employment-related tax identity theft, someone can use your personal information to earn wages, which are then reported as your income, resulting in you having to pay taxes based on the reported income.

Criminal Identity Theft

This occurs when someone who is arrested presents himself as another person, by using that person’s personal information. This can lead to victims getting fined, or arrested. Further, the victim may have a criminal record, which may affect his ability to get a job or obtain financing for property purchases.

What should you do when your identity is stolen?

Victims should close fraudulently used accounts as soon as possible, and report the case of identity theft to the police. The perpetrator may then be charged for cheating by personation under Section 416 of the Penal Code. This Section covers crimes where a person cheats by pretending to be another person, rather than who he really is. However, it is often difficult to identify the perpetrator of identity theft. This is especially so for digital identity theft which can be committed across geographic boundaries.

As this is a criminal matter, prosecution is done by the Public Prosecutor. However, it may be useful to ask a lawyer what important and/or vulnerable data you or your organisation has. Then, measures can be taken to ensure this data is protected.

How do you protect yourself from identity theft?

While no one can be 100% safe from identity theft, steps can be taken to reduce your risk. Here are some tips to protect yourself from identity theft.

Shred important documents, such as bills and credit card statements, before disposing them
Limit the personal data you share on social media platforms, and never give out personal information on the phone or over email until you have verified the credentials of the person asking
Pay attention to your monthly statements and credit reports for irregularities
Do not log in to banking sites or purchase items over an unsecured wireless connection. All online financial transaction should only be performed on secure networks.
Password-protect your phone and computer with strong passwords
Update your virus protection software regularly
Do not download files from strangers or click hyperlinks from people you don’t know, as this can expose your system to a virus

Conclusion

Following advancements in technology, identity theft has not only become more common, thieves have also become more sophisticated, signaling greater danger in this area. While there is no way to completely prevent identity theft, it is the responsibility of every individual and business to stay vigilant, and take the necessary precautions to lower the risk of identity theft.

Have a question on employment?

If you have any questions on employment, you can get a Quick Consult with Amos Cai or other lawyers. With Quick Consult, from a transparent, flat fee of $49, a lawyer will call you on the phone within 1-2 days to give you legal advice.

This article is written by Amos Cai from Yuen Law LLC and edited by Kim Wong from Asia Law Network.

This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.

Amos Cai

Amos graduated from the National University of Singapore with a Bachelor of Laws (Honours) degree in 2011 and was called to the Singapore Bar in 2012. He completed his training and practised with several other medium sized firms before joining Yuen Law LLC as a senior associate in 2018. Amos’s main areas of practice are civil /commercial litigation and criminal litigation. Amos has also acted for and advised clients in many other areas of law including probate, bankruptcy, and construction arbitrations/adjudication applications. Some of the notable cases that Amos has handled include:- -Assisted in a SIAC Arbitration involving a construction dispute worth in excess of S$12 million. -Assisted in a High Court Suit where client was faced with a million-dollar civil claim, and defended client substantially, including succeeding on a point of law involving amendment of pleadings after trial. -Obtained summary judgment for S$1.2 million in a civil claim, and assisted in defending the appeal to the summary judgment. -Assisted in a dispute where we successfully obtained leave to initiate a Shareholders Derivative Action on behalf of the Company. -Assisted in a Court of Appeal case regarding a striking out of third party proceedings. -Assisted in a Court of Appeal case regarding a shareholders’ dispute. -Assisted in a High Court suit regarding breach of employees’ duties. -Defended an accused in a pro bono drug trafficking trial over 3 days. Amos is also a volunteer lawyer with the Singapore Law Society’s -Criminal Legal Aid Scheme (CLAS), a non-profit initiative by the Law Society of Singapore to provide assistance to the underprivileged in criminal cases, as well as a Singapore NGO that works with migrant workers. Outside of legal practice, Amos is actively involved in sports such as football and tennis and participates in such activities on a regular basis. Amos represents the Law Society football team in the annual Bench and Bar competition. Amos also plays board games regularly.