Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
Understanding identity theft
Identity theft can take many forms: creating an account in the victim’s name, using their details to enter into a contract, opening a service, presenting a copy of an identity document or using personal data to deceive a third party. It is sometimes discovered late, when an invoice, reminder, bank notice or document concerning an unknown company arrives.
Article 226-4-1 of the French Criminal Code penalises assuming another person’s identity, or using data identifying them, with the aim of disturbing their peace or harming their honour or reputation. The precise legal classification nevertheless depends on the acts committed and the available evidence.
The first steps to take
It is essential to respond methodically. Keep emails, contracts, screenshots, letters, statements, case reference numbers and envelopes. Ask the organisations concerned for copies of the documents used and for inaccurate data to be corrected. If an online account is involved, change passwords and secure related access.
The CNIL recommends gathering evidence, contacting organisations where the identity was used and filing a complaint where the acts may constitute an offence. A telephone objection alone is rarely sufficient: use written communications and keep acknowledgements of receipt.
Filing a complaint and documenting the harm
A complaint may be filed with the police or gendarmerie, or sent to the public prosecutor. The account should remain chronological and factual: the date of discovery, documents concerned, organisations contacted, financial or professional consequences and the identities of any known persons involved.
The harm may be material, financial or non-material. To claim compensation, you must be able to establish the damage and its connection to the acts. Depending on the circumstances, evidence of expenses, bank refusals, debt collection letters, medical certificates and professional correspondence may be useful.
Why seek a legal assessment?
The same situation may fall under several legal classifications, including identity theft, forgery, use of forged documents or fraud. Reviewing the documents helps identify suitable procedures, the recipients of objections and any urgent measures required.
The firm can assist people involved in proceedings governed by French law in Nice, Cannes, Antibes, Cagnes-sur-Mer, Grasse, Menton, Aix-en-Provence and throughout the Alpes-Maritimes and Bouches-du-Rhône departments.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.