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Identity Theft

  • 21-09-2011 8:05pm
    #1
    keanooo
    Closed Accounts Posts: 445 ✭✭


    What is illegal identity theft?

    If a man were to take the pictures and username of someone from a message board forum and use them on another message board forum - purporting to be him - can this be considered identity theft?


Comments

  • #2
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    To my knowledge there is no specific offence of Identity Theft - rather there are offences associated with using the identity of another , these offences would include Forgery , Deception , Uttering Forged Instruments , etc.

    In the example you gave I think its possible that no criminal offence has occured , that is not to say the person doing it would not face legal sanction following a civil case.


  • #3
    Micky Dolenz
    Registered Users, Registered Users 2 Posts: 44,080 ✭✭✭✭Micky Dolenz


    In fairness, that's shocking.

    Probably not illegal though.


  • #4
    james sherwin
    Closed Accounts Posts: 2 ✭james sherwin


    Delancey wrote: »
    To my knowledge there is no specific offence of Identity Theft - rather there are offences associated with using the identity of another , these offences would include Forgery , Deception , Uttering Forged Instruments , etc.

    In the example you gave I think its possible that no criminal offence has occured , that is not to say the person doing it would not face legal sanction following a civil case.

    Hi Delancey.....

    I was just searching the same thing you had answered for one of my client as I was also not sure...... You are absolutely right that there is no particular criteria for the identity theft...... Thanks......

    Regards.....


    James Sherwin


  • #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    There is an offence of dishonest conduct calculated to cause gain to oneself or loss to another. S6 of the Theft Act.
    A lot depends on the intention.
    There is a constitutional right to ones good name, which would extend to protection of associated images being used without permission or attribution.


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    You would probably be better in the civil courts. You could have a case for defamation or something in that area.

    I do recall reading a criminal offence of using a computer for dishonest purposes or something similar but I can't remember where it was. I'll have a look for it


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  • #7
    Sempai
    Registered Users, Registered Users 2 Posts: 124 ✭✭Sempai


    Seanbeag1 wrote: »
    You would probably be better in the civil courts. You could have a case for defamation or something in that area.

    I do recall reading a criminal offence of using a computer for dishonest purposes or something similar but I can't remember where it was. I'll have a look for it

    Section 9 C.J. Theft and Fraud Offences Act 2001 - unlawful use of a computer

    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0009.html#sec9


  • #8
    keanooo
    Closed Accounts Posts: 445 ✭✭keanooo


    Sempai wrote: »
    Section 9 C.J. Theft and Fraud Offences Act 2001 - unlawful use of a computer

    http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0009.html#sec9

    I think the "causing a loss" they refer to in the statutes is in the context of a physical loss. As far as I can make out humiliation or loss of good name wouldn't be prohibited.

    Any thoughts on this? How far could someone take it within the conifines of the law?


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