Philippines’ Identity Theft Protection: Know Your Rights and Responsibilities

Identity theft is a growing concern in today’s digital age, and the Philippines is no exception. It is essential to understand the laws and regulations surrounding identity theft to protect yourself from becoming a victim.

What is Identity Theft?

According to the Federal Trade Commission (FTC), identity theft is the unauthorized use of an individual’s personal information to open new accounts, make purchases, or obtain tax refunds. In the Philippines, the Cybercrime Prevention Act of 2012 defines computer-related identity theft as the intentional acquisition, use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another without right.

Identifying Information

Identifying information refers to any name or number that can be used alone or in conjunction with other information to identify a specific individual. This includes:

Names
Dates of birth
Driver’s license numbers
Passport numbers
Tax identification numbers
Unique biometric data
Electronic identification numbers
Telecommunication identifying information

The Crime of Identity Theft

The crime of identity theft not only includes the acquisition, possession, use, and misuse of identifying information but also its alteration or deletion without right. This means that even if an individual’s personal information is used to create a fake account in their name without their authority, they can still be considered a victim of identity theft.

Punishment for Identity Theft

The punishment for identity theft under the Cybercrime Prevention Act includes:

Imprisonment of prision mayor and/or
A fine of at least PHP200,000, up to a maximum amount commensurate with the damage incurred or both

The Revised Penal Code (RPC) also considers identity theft in relation to the crime of estafa. Estafa is committed by using fictitious names, pretending to possess power, influence, qualifications, property, credit, agency, business, or imaginary transactions, or by means of other similar deceits.

Penalty for Estafa

The penalty for estafa depends on the amount involved and can range from:

Arresto mayor (a light imprisonment) for amounts up to PHP22,000
Prision mayor (a heavier imprisonment) for amounts above PHP22,000
One year is added to the penalty for each additional PHP10,000 above PHP22,000, but the total penalty shall not exceed 20 years of imprisonment

Conclusion

Identity theft is a serious crime that can have severe consequences. It is essential to understand your rights and responsibilities in protecting your personal information. By knowing the laws and regulations surrounding identity theft, you can take steps to prevent becoming a victim and hold perpetrators accountable for their actions.