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Identity theft and associated matters have disturbingly accelerated in recent times. ACTION FRAUD helpfully describes the difference between Identity theft & Identity fraud – the latter can be described ‘‘as the use of that stolen identity in criminal activity to obtain goods or services by deception’’. This includes credit cards, loans, contractual services, bank accounts etcetera. Existing tools for measuring consequential, actual & potential loss are inevitably not that sophisticated. It’s not always the case that some ‘off-the-radar’ criminal gang is lurking around harvesting your personal data and then using it commit crime, but in fact it could be someone you trust and know who may be using (or has used) your personal data, ID, misused it or is misusing it - to commit crime . Identity fraud may be committed by people that know you personally or hold personal data about you because of the relationship that you find yourself in – an ex-spouse, a previous employer or even someone closer to home – in fact it could even be someone sitting right next to you (and you may never know until its too late). Be very careful about who holds your data and how it can be potentially misused. The impact of someone stealing your identity and passing themselves off as you, whether in person or on paper can be emotionally catastrophic- including reputational and financial loss – the ‘run’ off of such an incident can ruin someone’s life and can take many months (even years) to sort out. The law is about protecting data or information per se (subject to public policy etcetera). We should all be worried about how our personal data is protected and how it can be potentially used and abused by someone else. It will be interesting to see in the near future how a similar fact case will be dealt with under the General Data Protection Regulation (GDPR) – the financial penalties will be phenomenal. All DPO’s across the country should be alert to its impending impact - (even if we are living in the era of Brexit). [Morrisons have found themselves in a ‘tricky’ situation – and not at all an enviable one - but at least the law on vicarious liability will have its field day on appeal and any creative submissions put forward by the parties will be welcomed].

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