Swiss Authorities Crack Down on Identity Theft with New Criminal Provision

Combating the Growing Threat of Identity Theft

In a significant move aimed at combating the growing threat of identity theft, Switzerland’s Data Protection Act (DPA) is set to be revised. The new criminal provision will specifically target individuals who use someone else’s identity without their consent for personal gain or harm.

Current State of Identity Theft in Switzerland

While identity theft is not currently criminalized in Switzerland, those found guilty of related offenses such as defamation, data theft, and scamming may still be held accountable. However, the lack of a specific identity theft law has allowed perpetrators to exploit this loophole.

New Provisions: A Significant Step Forward

The revised DPA introduces a new criminal provision that makes it an offense to use someone else’s identity without their consent for the purpose of harming them or obtaining an unlawful benefit. Those found guilty could face:

• Up to one year in prison
• A pecuniary penalty

The offense will be prosecuted on complaint, giving victims greater control over the legal process.

International Best Practices

The revision is seen as a significant step forward in Switzerland’s efforts to combat identity theft and protect its citizens from this growing menace. The entry into force of the new provision has not yet been decided, but experts anticipate that it will bring Switzerland more in line with international best practices on data protection and cybersecurity.

What You Can Do

For more information on identity theft prevention and the revised Data Protection Act, readers are encouraged to:

• Visit our cybercrime page for resources and tips
• Consult with one of our lawyers for expert advice