Once the dangers of Internet identity theft has been realized and studied, what is done by the Canadian government to help prevent this ongoing problem? The Criminal Code of Canada lists several offenses that relate to identity theft. There are parts addressing impersonation and forgery and fraud, going over criminal behaviours such as theft of government issued identification documents, making a forged document, assuming identities for financial gain and assisting someone else in obtaining false information.
However, as of yet there isn't a statutory definition for identity theft, and many things identity thieves do are actually legal especially those relating to the collection and transfer of personal identity information prior to an offense. This is very unjust and advantageous for the criminals. Just because the offender collected illegal information but didn't actually do anything illegal with it, doesn't mean that they are not subject to a criminal offense. Canada's federal department of justice is currently reviewing our criminal law relating to identity theft, with the goal of coming up with new charges.
Canada also has data protection laws at both federal and provincial levels, applicable to commercial activities across the country as well as to the public sector. These laws apply to the collection, usage, disclosure and destruction of the personal information collected by organizations in Canada.
Private sector laws help reduce the risk of identity theft by making sure all organizations collect only personal information that's actually required for the transaction. They also help by requiring organizations take appropriate security measures to protect the personal information they collect. Information that's no longer required need to be destroyed within private organizations. This makes sense and insures that organizations do not take advantage of the information they have about their customers.
There's also some laws that apply to consumer reporting agencies (credit bureaus). These make sure that the personal information held in credit reports doesn't end up elsewhere. Consumer reporting laws also makes sure consumer reporting agencies keep their privacy policies towards the individuals about whom they keep information. For example, if a victim of identity theft contests information contained in his or her credit report, the consumer reporting agency is required to investigate the issue and correct any errors in the individual's credit report.
Overall, as consumers in Canada, I think we're pretty well protected as far as the legal system allows. Laws from several sectors defend us against Internet identity theft. Now the rest is up to us to be cautious and aware. You could be a victim and not even know it, but the law can protect you if the situation is dealt with immediately.
