Most activities in personal and business lives are now handled using computers. While this has significantly eased communication and the storage of sensitive documents, it has opened people and businesses to a new form of crime: cybercrime. It encompasses all illegal activities that happen using digital means. In the past, cybercrime was defined as a computer-oriented crime. Nowadays, more gadgets are used to access the internet, and this crime is diversified.
One typical form of crime pursued by experienced cybercrime solicitors is identity theft. In this crime, someone will wrongfully obtain then use your data often for economic gain. The use of internet-enabled devices and the storage of personal data online are some of the common aspects that expose data to people who might use it to deceptively gain some advantage.
Few people pursue cases of identity theft, believing they have little recourse, and few defendants to sue for some legal remedy. Even so, law firms nowadays have investigators that will identify the perpetrator of identity theft and guide you on the legal solutions that might minimize the impact of identity theft.
Here are some of these remedies:
Compensatory Damages
These are meant to reimburse you for any financial losses you have suffered following the identity theft. Some people might, for instance, use your data to access loans and leave you with hefty repayments to make and a damaged credit score. In this instance, compensatory damages can get you back to good financial standing and repay the loan. The amount that the court awards in compensatory damages also takes into account the jobs you have lost following the illegal use of your identity.
Emotional Damages
The monetary amount for emotional damages is based on the emotional turmoil you have suffered following identity theft. It is, of course, worrying to think about all the things someone might do with your identity when they steal it. Sometimes, the thief might use your online communication platforms to send embarrassing and other detrimental messages that will expose out to a great deal of emotional ridicule.
Punitive Damages
These are usually charged to the person you entrusted with your data but who exposed it to fraudsters. These include government institutions, banks, employers, and schools. Punitive damages are designed to punish the custodian of your data for allowing a breach that placed it in a fraudster’s hands. In some cases, these might be the only remedy you get more so when you cannot catch the fraudster. This way, your identity theft does not go unpunished.
Injunctive Relief
This remedy is meant to release you from the debts incurred by a fraudster when using your data. Other than the loans, you might be facing prosecution for crimes perpetrated by a fraudster. The injunctive relief, in this case, also negates the charges against you.
To get the above forms of legal remedies, an attorney might suggest suing for different types of liability. You, for instance, can sue the custodian of your data for negligence or breach of fiduciary duty and contract. The perpetrator can be sued for infliction of distress and invasion of privacy.
