They seek to classify and punish identity theft, up to eight years in prison


To typify and punish the crime of identity theft, by establishing a prison sentence of three to eight years and a fine of one thousand to two thousand times the daily value of the Measurement and Updating Unit, plus the amount of the economic damage that it would have generated. , Deputy Carlos Sánchez Barrios (Morena) proposed reforming the Federal Penal Code.

With the addition of Chapter III called “Identity Impersonation”, to Title Ninth of the Code, it seeks to indicate that the crime of identity theft is committed by anyone who, for illicit purposes or for profit, attributes the identity of another person by any means, or grants your consent to supplant your identity and thereby generate moral or patrimonial damage, or obtain profit or undue advantage for yourself or for another person.

The document, sent to the Justice Commission, specifies that it will be comparable to the crime of identity theft to which, using a computer medium, access personal data of third parties, without authorization to do so.

It adds that, by way of example, but not limitation, identity theft can be used to: open bank accounts, obtain credit cards, loans or be a beneficiary of government programs; buying goods in the impersonated person’s name, hijacking bank accounts and phone lines, and obtaining documents in the impersonated person’s name, such as passports, voter credentials, or driver’s licenses.

Sánchez Barrios argues that identity theft consists of the appropriation of the identity of another person, for illicit purposes or for profit, which can cause moral or patrimonial damage.

It refers that according to the National Commission for the Protection and Defense of Users of Financial Services (Condusef), during 2020 there were 58 thousand 484 claims related to identity theft, which is equivalent to saying that during that year they occurred daily in average 160 illicit of this type.

The amount claimed amounted to more than two billion pesos, equivalent to the budget of the Potable Water, Drainage and Treatment Program, which is administered by the National Water Commission (Conagua).

In addition, the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), has proposed criminalizing the crime of identity theft at the federal level, to avoid regulatory disparities between the states that do criminalize it.

He mentions that criminals not only steal the identity of individuals, but also of legal entities. An INAI statement warned about the increase in phishing, which consists of a modality by which criminals usurp the identity of banks to obtain personal information from their clients and then dispose of the resources of their accounts, he adds.

It highlights that the Covid-19 pandemic increased the use of digital services, which implies the automated use of personal information that is stored in computer systems and is a potential target for criminals. Therefore, it is urgent to legislate to provide security to the people we represent.

It details that although the Federal Penal Code currently typifies the crime of fraud, the fundamental difference is the appropriation of personal data and the exercise of rights that correspond to the victim.

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