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When a criminal fraudulently identifies themselves to police as another individual at the point of arrest, it is sometimes referred to as "Criminal Identity Theft." In some cases, criminals have previously obtained state-issued identity documents using credentials stolen from others, or have simply presented a [[fake ID]]. Provided the subterfuge works, charges may be placed under the victim's name, letting the criminal off the hook. Victims might only learn of such incidents by chance, for example by receiving a court summons, discovering their drivers licenses are suspended when stopped for minor traffic violations, or through [[background check]]s performed for employment purposes.
 
It can be difficult for the victim of a criminal identity theft to clear their record. The steps required to clear the victim's incorrect [[criminal record]] depend in which jurisdiction the crime occurred and whether the true identity of the criminal can be determined. The victim might need to locate the original arresting officers and prove their own identity by some reliable means such as fingerprinting or DNA testing, and may need to go to a court hearing to be cleared of the charges. Obtaining an [[expungement]] of court records may also be required. Authorities might permanently maintain the victim's name as an alias for the criminal's true identity in their criminal records databases. One problem that victims of criminal identity theft may encounter is that various [[data aggregators]] might still have the incorrect criminal records in their databases even after court and police records are corrected. Thus it is possible that a future background check will return the incorrect criminal records.<ref>{{cite web |url=http://www.privacyrights.org/fs/fs17g-CrimIdTheft.htm |title=Privacy Rights Clearinghouse |url-status=dead |archive-url=https://archive.istoday/20120921/http://www.privacyrights.org/fs/fs17g-CrimIdTheft.htm |archive-date=2012-09-21 |df= }} - "Fact Sheet 17g: Criminal Identity Theft: What to Do if It Happens to You "</ref> This is just one example of the kinds of impact that may continue to affect the victims of identity theft for some months or even years after the crime, aside from the psychological trauma that being 'cloned' typically engenders.
 
=== Synthetic identity theft ===
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[[File:Figure 2- Risk of Identity Theft with Medicare Card under CMS’s Three Proposed Options (7802334168).jpg|thumb|US [[Government Accountability Office]] diagram showing the identity theft risk associated with social security numbers on [[Medicare (United States)|Medicare cards]]]]
 
Privacy researcher Pam Dixon, the founder of the World Privacy Forum,<ref>https://www.worldprivacyforum.org/</ref> coined the term medical identity theft and released the first major report about this issue in 2006. In the report, she defined the crime for the first time and made the plight of victims public. The report's definition of the crime is that medical identity theft occurs when someone seeks medical care under the identity of another person. Insurance theft is also very common, if a thief has your insurance information and or your insurance card, they can seek medical attention posing as yourself.<ref>{{Cite web|url=http://www.igrad.com/articles/8-types-of-identity-theft|title=Get to Know These Common Types of ID Theft|website=iGrad|access-date=2016-09-29}}</ref> In addition to risks of financial harm common to all forms of identity theft, the thief's medical history may be added to the victim's [[medical record]]s. Inaccurate information in the victim's records is difficult to correct and may affect future insurability or cause doctors relying on the misinformation to deliver inappropriate care. After the publication of the report, which contained a recommendation that consumers receive notifications of medical data breach incidents, California passed a law requiring this, and then finally HIPAA was expanded to also require medical breach notification when breaches affect 500 or more people.<ref>{{cite web|url=http://www.worldprivacyforum.org/medicalidentitytheft.html|title=The Medical Identity Theft Information Page|author=|date=|work=|publisher=World Privacy Forum|access-date=26 November 2012|url-status=dead|archive-url=https://archive.istoday/20130416062351/http://www.worldprivacyforum.org/medicalidentitytheft.html|archive-date=16 April 2013|df=}}</ref><ref>{{cite web |url=http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_130_A_Correcting_Misinformation_on_Medical_Records.shtml |title=Correcting Misinformation on Medical Records |author= |date= |work= |publisher=Identity Theft Resource Center |accessdate=}}</ref> Data collected and stored by hospitals and other organizations such as medical aid schemes is up to 10 times more valuable to cybercriminals than credit card information.
 
=== Child identity theft ===
Child identity theft occurs when a minor's identity is used by another person for the impostor's personal gain. The impostor can be a family member, a friend, or even a stranger who targets children. The Social Security numbers of children are valued because they do not have any information associated with them. Thieves can establish lines of credit, obtain driver's licenses, or even buy a house using a child's identity. This fraud can go undetected for years, as most children do not discover the problem until years later. Child identity theft is fairly common, and studies have shown that the problem is growing. The largest study on child identity theft, as reported by Richard Power of the [[Carnegie Mellon]] Cylab with data supplied by [[AllClear ID]], found that of 40,000 children, 10.2% were victims of identity theft.<ref>{{Cite web|url=https://www.foxbusiness.com/features/government-turns-spotlight-on-child-id-theft-problem|title=Government Turns Spotlight on Child ID Theft Problem|date=2016-01-12|website=CreditCards.com|language=en-US|access-date=2019-04-22}}</ref>
 
The [[Federal Trade Commission]] (FTC) estimates that about nine million people will be victims of identity theft in the United States per year. It was also estimated that in 2008 630,000 people under the age of 19 were victims of theft. This then gave them a debt of about $12,799 which was not theirs.<ref name=":5">{{Cite web|url=http://link.galegroup.com/apps/doc/A317310399/AONE?u=sunybuff_main&sid=AONE&xid=8502170b.|title=Protecting and defending a young person in foster care from financial identity theft|last=Clemente|first=Jean|date=Feb 2010|website=|archive-url=|archive-date=|url-status=|access-date=}}</ref>
 
Not only are children in general big targets of identity theft but children who are in foster care are even bigger targets. This is because they are most likely moved around quite frequently and their SSN is being shared with multiple people and agencies. Foster children are even more victims of identity theft within their own family and other relatives. Young people in foster care who are victims of this crime are usually left alone to struggle and figure out how to fix their newly formed bad credit.<ref name=":5" />
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=== Tax identity theft ===
One of the major identity theft categories is tax identity theft. Tax identity theft occurs when someone gains another persons information and uses that to receive a tax refund. The thief in this case can also try to get a job and then their employer will report the income of the real taxpayer, this then results in the taxpayer getting in trouble with the IRS.<ref name=":03">{{Cite web|url=https://www.citrincooperman.com/infocus/identity-theft-tax-and-financial-consideration|title=Identity Theft; Tax and Financial Consideration|last=|first=|date=|website=|archive-url=|archive-date=|url-status=|access-date=}}</ref>
 
The 14039 Form to the [[Internal Revenue Service|IRS]] is a form that will help one fight against a theft like tax theft. This form will put the IRS on alert and someone who believed they have been a victim of tax related theft will be given a Identity Protection Personal Identification Number (IP PIN), which is a 6 digit code used in replace of a SSN for filing tax returns.<ref name=":03" />
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* Rummaging through rubbish for personal information ([[Dumpster diving#Information diving|dumpster diving]])
* Retrieving personal data from redundant IT equipment and storage media including PCs, servers, PDAs, mobile phones, USB memory sticks and hard drives that have been disposed of carelessly at public dump sites, given away or sold on without having been properly sanitized
* Using [[public records]] about individual citizens, published in official registers such as electoral rolls<ref>{{cite news | last=Loviglio | first=Joann| url= http://www.msnbc.msnnbcnews.com/id/46874551/ns/technology_and_science-security/#.T3OtcyKF_9J| title= If Microsoft co-founder's ID isn't safe, is yours? | work= msnbc.comNBC News |date= March 2012 }}</ref>
* Stealing bank or credit cards, identification cards, passports, authentication tokens ... typically by [[pickpocketing]], [[burglary|housebreaking]] or mail [[theft]]
* Common-knowledge questioning schemes that offer [[account verification]] and compromise: "What's your mother's maiden name?", "what was your first car model?", or "What was your first pet's name?", etc.
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== Identity protection by organizations ==
In their May 1998 testimony before the United States Senate, the Federal Trade Commission (FTC) discussed the sale of Social Security numbers and other personal identifiers by credit-raters and data miners. The FTC agreed to the industry's self-regulating principles restricting access to information on credit reports.<ref>{{cite web |url=http://www.ftc.gov/os/1998/05/identhef.htm |title=Testimony before the Subcommittee on Technology, Terrorism and Government Information |url-status=dead |archive-url=https://archive.istoday/20120801/http://www.ftc.gov/os/1998/05/identhef.htm |archive-date=2012-08-01 |df= }}, Committee of the Judiciary, United States Senate May 20, 1998 pp 5,6</ref> According to the industry, the restrictions vary according to the category of customer. Credit reporting agencies gather and disclose personal and credit information to a wide business client base.
 
Poor stewardship of personal data by organizations, resulting in unauthorized access to sensitive data, can expose individuals to the risk of identity theft. The Privacy Rights Clearinghouse have documented over 900 individual data breaches by US companies and government agencies since January 2005, which together have involved over 200 million total records containing sensitive personal information, many containing social security numbers.<ref>[http://www.privacyrights.org/ar/ChronDataBreaches.htm A Chronology of Data Breaches<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20100613183200/http://www.privacyrights.org/ar/ChronDataBreaches.htm|date=June 13, 2010}}</ref> Poor corporate diligence standards which can result in data breaches include:
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At the Commonwealth level, under the ''Criminal Code Amendment (Theft, Fraud, Bribery & Related Offences) Act 2000'' which amended certain provisions within the ''Criminal Code Act 1995'',
 
Between 2014 and 2015, in Australia there were 133,921 fraud and deception offences, an increase of 6% from previous year. The total cost reported by the Attorney General Department was:<ref name=":4">{{Cite web|url=https://www.ag.gov.au/RightsAndProtections/IdentitySecurity/Documents/Identity-crime-and-misuse-in-Australia-2016.pdf|title=Identity crime and misuse in Australia|last=|first=|date=|website=|archive-url=|archive-date=|url-status=|access-date=8 February 2018}}</ref>
{| class="wikitable"
|+Total costs<ref name=":4" />
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Under [[English law]] (which extends to [[Wales]] but not to [[Northern Ireland]] or [[Scotland]]), the [[Deception (criminal law)|deception]] offences under the [[Theft Act 1968]] increasingly contend with identity theft situations. In ''R v Seward'' (2005) EWCA Crim 1941<ref>{{cite web |url=http://www.bailii.org/ew/cases/EWCA/Crim/2005/1941.html |title=R v Seward (2005) EWCA Crim 1941 }}</ref> the defendant was acting as the "front man" in the use of stolen credit cards and other documents to obtain goods. He obtained goods to the value of £10,000 for others who are unlikely ever to be identified. The Court of Appeal considered a sentencing policy for deception offenses involving "identity theft" and concluded that a prison sentence was required. Henriques J. said at para 14:"Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences."
 
Statistics released by [[CIFAS]] - The UK's Fraud Prevention Service show that there were 89,000 victims of identity theft in the UK 2010.<ref>{{cite web |url=http://www.cifas.org.uk/identity_fraud |title=CIFAS: your identity }}, CIFAS</ref> This compared with 2009 where there were 85,000 victims.<ref>{{cite web |url=http://id-theft-uk.blogspot.com/2010/02/uk-fraud-prevention-agency-say-id-theft.html |title=UK Fraud Prevention Agency Say ID Theft Increase of 32% in 2009 }}, Identity Theft UK Blog, 3 February 2010{{Unreliable source?|date=December 2015}}</ref> Men in their 30s and 40s are the most common UK victims<ref>{{cite web |url=http://blog.protectmyid.co.uk/index.php/the-most-likely-victims-of-identity-fraud-men-in-their-late-30s-and-early-40s/ |title=The most likely victims of identity fraud: men in their late 30s and early 40s |url-status=dead |archive-url=https://archive.istoday/20120708/http://blog.protectmyid.co.uk/index.php/the-most-likely-victims-of-identity-fraud-men-in-their-late-30s-and-early-40s/ |archive-date=2012-07-08 |df= }}, Protect MY ID Blog, 21 January 2011{{Unreliable source?|date=December 2015}}</ref> and identity fraud now accounts for nearly half of all frauds recorded.<ref>{{cite web |url=http://www.cifas.org.uk/press_release_twentyeleven_c |title=Fraudscape: report reveals the UK's fraud landscape in 2010 }}, CIFAS</ref>
 
=== United States ===
{{see also|Identity theft in the United States}}
The increase in crimes of identity theft led to the drafting of the Identity Theft and Assumption Deterrence Act.<ref>{{cite web |url=http://www.ftc.gov/os/statutes/itada/itadact.htm |title=FTC.gov |url-status=dead |archive-url=https://archive.istoday/20120801/http://www.ftc.gov/os/statutes/itada/itadact.htm |archive-date=2012-08-01 |df= }}, Public Law 105-318, 112 Stat. 3007 (Oct. 30, 1998)</ref> In 1998, The Federal Trade Commission appeared before the United States Senate.<ref>{{cite web |url=http://www.ftc.gov/os/1998/05/identhef.htm |title=Prepared Statement of the Federal Trade Commission on "Identity Theft" |url-status=dead |archive-url=https://archive.istoday/20120801/http://www.ftc.gov/os/1998/05/identhef.htm |archive-date=2012-08-01 |df= }}, May 20, 1998</ref> The FTC discussed crimes which exploit consumer credit to commit loan fraud, [[mortgage fraud]], lines-of-credit fraud, [[credit card fraud]], commodities and services frauds. The Identity Theft Deterrence Act (2003)[ITADA] amended [https://www.law.cornell.edu/uscode/text/18/1028A- U.S. Code Title 18, § 1028] ("Fraud related to activity in connection with identification documents, authentication features, and information"). The statute now makes the possession of any "means of identification" to "knowingly transfer, possess, or use without lawful authority" a federal crime, alongside unlawful possession of identification documents. However, for federal jurisdiction to prosecute, the crime must include an "identification document" that either: (a) is purportedly issued by the United States, (b) is used or intended to defraud the United States, (c) is sent through the mail, or (d) is used in a manner that affects interstate or foreign commerce. ''See'' {{usc|18|1028}}(c). Punishment can be up to 5, 15, 20, or 30 years in federal [[prison]], plus fines, depending on the underlying crime per {{usc|18|1028}}(b). In addition, punishments for the unlawful use of a "means of identification" were strengthened in § 1028A ("Aggravated Identity Theft"), allowing for a consecutive sentence under specific enumerated felony violations as defined in § 1028A(c)(1) through (11).<ref>Doyle, Charles. (2013). [https://fas.org/sgp/crs/misc/R42100.pdf Mandatory Minimum Sentencing: Federal Aggravated Identity Theft.] {{webarchive |url=https://web.archive.org/web/20161011031227/https://fas.org/sgp/crs/misc/R42100.pdf |date=October 11, 2016 }} Washington, D.C.: [[Congressional Research Service]].</ref>
 
The Act also provides the [[Federal Trade Commission]] with authority to track the number of incidents and the dollar value of losses. Their figures relate mainly to consumer financial crimes and not the broader range of all identification-based crimes.<ref>[http://www.consumer.gov/idtheft/ Federal Trade Commission]. Retrieved June 30, 2006. {{webarchive |url=https://web.archive.org/web/20060131210801/http://www.consumer.gov/idtheft/ |date=January 31, 2006 }}</ref>
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Six Federal agencies conducted a joint task force to increase the ability to detect identity theft. Their joint recommendation on "red flag" guidelines is a set of requirements on financial institutions and other entities which furnish credit data to credit reporting services to develop written plans for detecting identity theft. The FTC has determined that most medical practices are considered creditors and are subject to requirements to develop a plan to prevent and respond to patient identity theft.<ref>Michael, Sara {{cite web |url=http://www.physicianspractice.com/index/fuseaction/newsletterArticles.view/articleID/87.htm |title=Getting Red Flag Ready }} PhysiciansPractice.com, 2009-05-21. Retrieved July 2, 2009.</ref> These plans must be adopted by each organization's Board of Directors and monitored by senior executives.<ref>[http://www.ftc.gov/os/fedreg/2007/december/071213factafurnisheraccuracy.pdf 72 Fed. Reg. 70944 ] {{webarchive |url=https://web.archive.org/web/20130217151554/http://www.ftc.gov/os/fedreg/2007/december/071213factafurnisheraccuracy.pdf |date=February 17, 2013 }} (PDF). Retrieved 2008-01-29.</ref>
 
Identity theft complaints as a percentage of all fraud complaints decreased from 2004-2006.<ref name="autogenerated1">[http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/clearinghouse_2006.pdf Law Enforcement Contact1 January 1 December 31, 2001] {{webarchive |url=https://web.archive.org/web/20080911044319/http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/clearinghouse_2006.pdf |date=September 11, 2008 }}</ref> The Federal Trade Commission reported that fraud complaints in general were growing faster than ID theft complaints.<ref name="autogenerated1" /> The findings were similar in two other FTC studies done in 2003 and 2005. In 2003, 4.6 percent of the US population said they were a victim of ID theft. In 2005, that number had dropped to 3.7 percent of the population.<ref>[http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/synovate_report.pdf ] {{webarchive |url=https://web.archive.org/web/20080516094455/http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/synovate_report.pdf |date=May 16, 2008 }}</ref><ref>[http://www.ftc.gov/os/2007/11/SynovateFinalReportIDTheft2006.pdf Federal Trade Commission: 2006 Identity Theft Survey Report: Prepared for the Commission by Synovate (November 2007)] {{webarchive |url=https://web.archive.org/web/20080911044311/http://www.ftc.gov/os/2007/11/SynovateFinalReportIDTheft2006.pdf |date=September 11, 2008 }}</ref> The Commission's 2003 estimate was that identity theft accounted for some $52.6 billion of losses in the preceding year alone and affected more than 9.91 million Americans;<ref>{{cite web |url=http://www.ftc.gov/opa/2003/09/idtheft.shtm |title=FTC.gov<!-- Bot generated title --> |url-status=dead |archive-url=https://archive.istoday/20120731/http://www.ftc.gov/opa/2003/09/idtheft.shtm |archive-date=2012-07-31 |df= }}, releases Survey of Identity Theft in U.S. 27.3 Million Victims in past 5 Years, Billions in Losses for Businesses and Consumers</ref> the figure comprises $47.6 billion lost by businesses and $5 billion lost by consumers.
 
According to the [[Bureau of Justice Statistics|U.S. Bureau of Justice Statistics]], in 2010, 7% of US households experienced identity theft - up from 5.5% in 2005 when the figures were first assembled, but broadly flat since 2007.<ref name="Bureau of Justice Statistics">{{cite web | url=http://bjs.gov/content/pub/pdf/itrh0510.pdf | title=Identity Theft Reported by Households, 2005-2010 | publisher=Bureau of Justice Statistics | year=2011 | accessdate=2013-06-24}}</ref> In 2012, approximately 16.6 million persons, or 7% of all U.S. residents age 16 or older, reported being victims of one or more incidents of identity theft.<ref>Harrell, Erika and Lynn Langton. (2013). [http://www.bjs.gov/content/pub/pdf/vit12.pdf Victims of Identity Theft, 2012.] {{webarchive |url=https://web.archive.org/web/20160907043423/http://www.bjs.gov/content/pub/pdf/vit12.pdf |date=September 7, 2016 }} Washington, D.C. [[United States Department of Justice|U.S. Department of Justice]], [[Bureau of Justice Statistics]].</ref>
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==== Notification ====
Many states followed California's lead and enacted mandatory data breach notification laws. As a result, companies that report a data breach typically report it to all their customers.<ref>{{cite web |url=http://www.naag.org/states-offer-data-breach-protection.php |title=States Offer Data Breach Protection |url-status=dead |archive-url=https://archive.istoday/20120913/http://www.naag.org/states-offer-data-breach-protection.php |archive-date=2012-09-13 |df= }}</ref>
 
== Spread and impact ==
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* The average time spent by victims resolving the problem is about 330 hours
* 73% of respondents indicated the crime involved the thief acquiring a credit card
In a widely publicized account,<ref>{{cite web |url=http://www.privacyrights.org/cases/victim9.htm |title=Verbal Testimony by Michelle Brown |url-status=dead |archive-url=https://archive.istoday/20120921/http://www.privacyrights.org/cases/victim9.htm |archive-date=2012-09-21 |df= }}, July 2000, U.S. Senate Committee Hearing on the Judiciary Subcommittee on Technology, Terrorism and Government Information{{spaced ndash}}"Identity Theft: How to Protect and Restore Your Good Name"</ref> Michelle Brown, a victim of identity fraud, testified before a U.S. Senate Committee Hearing on Identity Theft. Ms. Brown testified that: "over a year and a half from January 1998 through July 1999, one individual impersonated me to procure over $50,000 in goods and services. Not only did she damage my credit, but she escalated her crimes to a level that I never truly expected: she engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant out for my arrest, and eventually, a prison record when she was booked under my name as an inmate in the Chicago Federal Prison."
 
In [[Australia]], identity theft was estimated to be worth between A$1billion and A$4 billion per annum in 2001.<ref>[http://www.acpr.gov.au/research_idcrime.asp Identity Crime Research and Coordination] {{webarchive |url=https://web.archive.org/web/20051230021614/http://www.acpr.gov.au/research_idcrime.asp |date=December 30, 2005 }}, Australasian Center for Policing Research. Retrieved June 30, 2006.</ref>
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* [https://web.archive.org/web/20101105002332/http://www.ojp.usdoj.gov/nij/topics/crime/id-theft/welcome.htm Identity Theft: A Research Review, National Institute of Justice 2007]
* [http://www.usdoj.gov/criminal/fraud/websites/idtheft.html Identity Theft and Fraud] – [[United States Department of Justice]]
* [https://web.archive.org/web/20070401000301/http://www.msnbc.msn.com/id/17805134/ Dateline NBC investigation] 'To Catch an ID Thief'
* {{cite news|title=Transcript of Attorney General Alberto R. Gonzales and FTC Chairman Deborah Platt Majoras Announcing the Release of the President's Identity Theft Task Force |date=April 23, 2007 |url=http://www.usdoj.gov/ag/speeches/2007/ag_speech_0704231.html |archive-url=https://archive.istoday/20070911112747/http://www.usdoj.gov/ag/speeches/2007/ag_speech_0704231.html |url-status=dead |archive-date=September 11, 2007 |work=US Department of Justice |pages= |access-date=2007-04-24
|language= }}
* {{cite news |url= http://abcnews.go.com/US/wireStory/woman-prison-time-total-identity-theft-18809034 |title=Woman Gets Prison Time in 'Total Identity Theft' - ABC News |first=Hegeman |last=Roxana |work=ABC News |date=March 25, 2013 |accessdate=March 27, 2013}}
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