Identity fraud. The Crime that Begins with a Simple Photocopy of an ID Card
By Paz Valles Creixell. Partner at MOLINS DEFENSA PENAL.
More and more frequently, and with increasing concern, at Molins Defensa Penal we assist people who arrive at our office with a mixture of disbelief and distress. They have been summoned as suspects in a criminal proceeding, or even accused of having committed a crime, when in reality they have nothing to do with the facts. What they have in common is that someone has used their National Identity Document —usually a stolen or misplaced copy— to impersonate them.
This phenomenon, which until recently seemed exceptional, is becoming a sadly common situation. Identity theft has ceased to be a theoretical concept and has become a very real problem. In many cases, it is linked to online scams, fraudulent purchases, fake contracts, or the opening of bank accounts.
Those affected do not understand how they got there. And understandably so. In most cases, the only connection between them and the crime is their own ID card, which someone has used without their consent.
In some of these proceedings, the Public Prosecutor has even filed charges requesting prison sentences, without detecting —or without examining in sufficient detail— that the true perpetrators had merely used someone else’s identity to commit the crimes. All this places completely innocent people in situations bordering on the absurd, with profoundly unfair emotional and legal consequences.
One of the most striking cases recently appeared in the press: a young woman discovered that, after losing her ID card at a party, someone had used it to register her residence and even marry her without her knowledge. Although it may sound like an exceptional story, the truth is that anyone can find themselves in this situation if their identity document is not properly protected.
The underlying problem is structural: in Spain, the ID number remains unchanged from the moment it is first assigned, and although the document includes an electronic chip, it is most often used in the traditional way —as a simple paper or scanned copy.
This means that a photocopy of an ID card falling into the wrong hands can be used for years without restriction. There is no system that allows the document to be deactivated, nor is a new number issued upon renewal. In short, an ID card cannot be “blocked,” as we would immediately do with a stolen bank card.
In other European countries, the approach is different. For example, in Italy, the identification number changes with each renewal of the document, which automatically renders any previous copy useless. In addition, there are mechanisms to deactivate the document if it is lost or stolen. These kinds of measures provide a much-needed degree of security in a digital society where procedures are carried out remotely and identity is often verified with just an image.
At Molins Defensa Penal, we believe this phenomenon must be urgently addressed by the Public Administration, and for this reason, we propose:
- Establishing a system in which the ID number changes with each new issuance.
- Allowing the immediate deactivation of the document in case of loss or theft.
- Enabling an official system to verify whether an ID card is active or cancelled.
- Promoting the use of secure digital identity, reducing reliance on photocopies.
- And raising greater awareness about the protection of personal data.
The goal is not to complicate citizens’ lives, but to protect them. Identity theft is a crime that begins silently but can have very serious consequences. With a more agile, modern, and secure system, we could prevent innocent people from having to endure the ordeal of proving their innocence for something they never did.