Identity theft registered an increase of more than 200% in 2023, compared to last year’s reports, according to data from the Citizen Council for Security and Justice, an institution that considers that the increase in these crimes is related with the “boom” of the use of Artificial Intelligence (AI).
Between January and October of this year, 1,607 reports of identity theft were registered in the country, in contrast to 505 in the same period of 2022. That is, the increase is 218%, according to the Citizen Council.
Because many applications and programs on the Internet provide AI services for free or at very low cost, the accessibility of these tools, although positive for the majority, is also a risk, since Its use is available to people who comply with the law, and equally to those who transgress it.
“It is necessary to be aware of the threat, establish double or multiple authentication on personal, corporate or government devices, as well as create and renew passwords (passwords) and robust usernames,” recommends the president of the Council, Salvador Guerrero Cypres.
Upward check
Identity theft, usurpation or impersonation is committed when someone unjustly obtains and uses the identification information of another person, with the purpose of carrying out one or more behaviors that cause financial and moral damage to the owner of the data.
In the period analyzed by the Citizen Council, 62% of reported identity theft was due to the hacking of information from social networks, 26% were due to theft of cell phone information, and 2% were due to cloning of bank cards or forging a signature.
A relevant aspect is that, in the first 10 months of 2023, reports of extortion decreased 18%, but fraud increased 17%, compared to the same period last year, the Council notes.
To the extent that AI occupies the criminal space “There will be an increase in fraud, because this technology deceives, without resorting to threats” as occurs in extortion, considers the analysis.
For example, the institution adds, cybercriminals only need a small file voice to generate sentences and entire dialogues, while, with the alteration of images or videos, circumstances can be created in which a person’s identity is impersonated.
Legislation is missing
Given the exponential growth that identity theft has had, the Citizen Council warns that legislative harmonization is needed to be able to efficiently combat this crime.
In this regard, it is important to note that In Mexico, identity theft or impersonation is not contemplated as a crime in the Federal Penal Code. despite the fact that this behavior has a national impact and harms essential aspects of people.
Identity, being all the characteristics that define us as individuals, is a fundamental right that allows the exercise of other rights, such as property, honor, reputation, and social and economic status, among others.
In our country, only some states have classified identity theft in their respective Penal Codes, which is positive. However, this is insufficient, since -for example- If identity theft involves requesting a credit card, local criminal regulations are not applicable, since this would be conduct committed against a banking institution, whose legislation is federal.
In this vein, Salvador Guerrero, president of the Citizen Council for Security and Justice, points out that criminals resort to identity theft to process -especially- credit cards, in order to make purchases using the identity of another person who You usually have a good credit history.
The legislative omission on this issue at the federal level is the responsibility of the Senate, since In November 2016, the Chamber of Deputies unanimously approved a reform to the Federal Penal Code to classify this crime, establishing penalties of up to six years in prison. These changes were passed to the Upper House, a sovereignty that has since left the initiative in the so-called “freezer.”
Less severe penalties
The entities that have already included the crime of theft or identity theft in their Penal Codes are Mexico City, Baja California, Baja California Sur, Colima, Coahuila, Durango, Guanajuato, State of Mexico, Nuevo León, Quintana Roo, Sinaloa , Tamaulipas, Tlaxcala and Zacatecas.
In Nuevo León, “anyone who attributes the identity of another person by any means, or grants their consent to carry out the impersonation of their identity, thereby producing moral or patrimonial damage, or obtaining undue profit or benefit for themselves or for another person”, He is punished with imprisonment of 3 to 8 years.
On the other hand, in Mexico City, usurping – for illicit purposes – the identity of another person, It is punishable by sentences of between 1 and 5 years in prison. Although the sentence can increase by half (from 1.5 to 7.5 years) if this crime is committed taking advantage of homonymy, physical resemblance or similarity of voice.
Among the entities that contemplate this crime in their criminal legislation, Colima has the highest sanction, state that considers identity theft as a form of fraud, imposing penalties of between 4 and 11 years in prison.
They are followed, as already mentioned, by Nuevo León (3 to 8 years); Baja California Sur (3 to 6 years); Quintana Roo (from 6 months to 6 years); Tlaxcala (2 to 6 years); Mexico City (1 to 5 years); Coahuila (1 to 5 years); Tamaulipas (1 to 5 years); State of Mexico (1 to 4 years); Zacatecas (1 to 4 years) and Sinaloa (6 months to 3 years).
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Surya Palacios Journalist and lawyer, specialist in legal and human rights analysis. She has been a reporter, radio host and editor.