This document summarizes a research paper on identity theft, its psychosocial effects, and victim support. The paper examines identity theft crimes, how they are committed using technology, and the laws around identity theft in South Korea and Kenya. It finds that identity theft victims experience psychological pain, helplessness, and loss of financial security. The legal system often fails to support victims as laws are not effectively enforced and victims' rights are not fully protected. The paper concludes with recommendations for multi-stakeholder cooperation, victim re-education, and raising identity theft awareness.

1. IDENTITY THEFT, ITS
PSYCHOSOCIAL EFFECT
AND VICTIM SUPPORT.
Waridah Makena, Researcher.

2. Identity theft, its psychosocial
effect and victim support.
Context
1. INTRODUCTION
2. BACKGROUND
3. FINDINGS
IDENTITY
THEFT
1. THE CRIME
2. THE PLAYERS
3. LAW IN THEORY VS, LAW IN
PRACTISE
CONCLUSION
1. RECOMMENDATIONS

3. INTRODUCTION
◦ Although there are laws seeking to regulate Anti-money laundering, victims of identity theft are often
denied justice and with it the assistance they need during the judicial process or after the commission of
the crime against them; this is due to the discrepancy between the law in theory and in practise, poor
victim support systems and mode of crime.
◦ This research maps out the gaps that will enable countries, policymakers, judiciary and citizens to create
effective victim support systems in the area of Identity theft.

4. BACKGROUND
◦ Identity theft poses a challenge in the anonymity provided in the cyberspace causing multiple
challenges in seeking justice when the crime is committed, bringing the criminals to justice, understanding
the motivations behind the crime to better regulate it and designing effective victim support systems.
◦ The current discussions and policy-making strategies rely on the economic effects of the identity theft,
discounting the psychological and social effects to the victims, the emotional stability of a society and
importance of psycho-social health of individuals in sustaining the human race.

5. FINDINGS
◦ The research methodology adopted for this research is the doctrinal methodology of research. This
methodology involves the comparative study of information and analysis of existing legal material
consisting of books, journals, the internet, articles and statutes with the Constitution in this particular
case playing a major role
◦ Empirical research that involves the use of materials that are not regarded as legal may be used for the
purposes of comparative studies and analysis such as case studies and content analysis.
◦ The research carried out is in line with ethics from research to the analysis and recommendations
provided.

6. THE CRIME
◦ Identity theft may happen on an individual level or corporate level both as victims, or ways to obtain data
needed to commit identity theft. On the perpetrators’ side, they may steal a person’s identity or corporate
identity or get information from the victim, steal data from the corporations’ databases to simply asking the
victim on data they want.
◦ Increasingly, technology is being used to commit identity theft from stolen devices, searching hard drives
of discarded laptops, hacking into devices, accessing computer-based public records, using information
gathering malware to infect computers, browsing social media networks or using emails or text messages.

7. LAW IN THEORY (1/2)
◦ In South Korea, the regulation provided is under fraud by use of computer under their cybercrime laws.
Korea is home to one of the world's fastest internet connections and enjoys very high online activity with a
consequence of increase in threat of cybercrime, particularly identity theft, online scams, phone scams and
voice-phishing.
◦ In South Korea, just pretending to be another person is not a punishable offence, but there are acts
commonly involved in identity theft such as opening mobile phone accounts, obtaining credit cards or
withdrawing money from bank accounts.
◦ On the other hand, individuals may falsify social media identities, for this case the Personal Information
Protection Act prohibits the use of personal information without consent, but it applies only to those who
use personal information for official or business purposes.

8. LAW IN THEORY (1/2)
- In Kenya, Under Section 29, identity theft or impersonation is an offence and, upon conviction, results in
a fine of KES 200,000, two years' imprisonment, or both
a. ‘Hacking, constituting unauthorised access under section 14 of the Computer Misuse and Cybercrimes
Act, 2018. The penalty for unauthorised access upon conviction is a fine not exceeding KES 5 million,
imprisonment for a term not exceeding three years or both while intent to commit or facilitate
commission of crime of such an offence is a fine not exceeding KES 10 million, imprisonment for a
term not exceeding 10 years or both.
b. Phishing is another offence under section 30 of the computer misuse and cyber crimes act and
conviction results a penalty of KES 300 000 in fines imprisonments for a maximum term of three years
or both.

9. LAW IN PRACTISE (1/2)
◦ South Korea:
◦ In 2014, the government planned to issue new ID numbers to every citizen over 17 at a possible cost of
billions of dollars due to the high number of data breaches including the president’s credit card
information. The increase in such cases were partly due to the rapid advancement of technology with
about 85 percent of South Korea’s people being online and the country having 40 million smartphones
versus security measures whose creation and implementation was slower. In the identification case, the
password systems were weak, the identifications numbers were poorly structured in that from looking at
the number one can tell the gender, year of birth and more information on their victims if they came
across an identification number.

10. LAW IN PRACTISE (2/2)
◦ For victims the case is different as seen in the case of Central Depository And Settlement Corporation
Ltd v Hilary G. Erculiani [2016] eKLR in regards to the defendant opening a bank account falsely and
transferring the applicant’s stocks accounts to their own account where the applicant was awarded:
a. injunction be issued to restrain the Defendant, his agents, servants or employees from transferring any
monies in the account
b. Defendant be ordered to show cause why he should not furnish security in the sum of
Kshs.2,200,000/- within seven days being the amount claimed by the Plaintiff
c. an order of attachment before judgment be issued attaching all the monies in the account of the
defendant

11. FINDINGS (1/3)
◦ The crime is motivated by the likely financial reward or corruption done on accessed data.
◦ Lack of legislation touching on cyber-attacks.
◦ Poor detection techniques. Mechanisms of tracking the culprit are much behind.
◦ Lack of capacity to respond to the crime. This exposes vulnerability of systems (in Kenya).
◦ Attackers are also capitalizing on the naivety of some of the Internet system users

12. FINDINGS (1/3)
◦ Several factors affect potential victims’
vulnerability, including:
• Online activities
• Personal traits
• Individual behavior
• Attitudes about technology
- Victims of identity theft will feel:
◦ by the psychological pain of loss,
◦ helplessness, anger, isolation, betrayal, rage, and even
embarrassment.
- This crime triggers deep fears regarding financial security,
◦ the safety of family members, and
◦ the ability to trust again.

13. FINDINGS
◦ During the trial, they are examined, re-examined, and cross-examined by prosecutors, the accused and lawyers representing
them and judges and magistrates.
◦ In Kenya, this has manifested through Article 50 (9) of the Constitution which integrates the rights and welfare of victims as a
process and the enactment of the Victims Protection Act (VPA) of 2014 which protects the interests of victims of crime and
them with better information and support services.
◦ Victims and their advocates can no longer be considered as passive observers in criminal proceedings.
◦ victims have the right to participate in the criminal trial process either in person or through a representative or lawyer. They
evidence the prosecution or defence will be relying on and they may give their views at every stage of the proceedings,
before the sentencing of the offender via a Victim Impact Assessment statement.
◦ The Act provides for the right to privacy from intrusion by the media, health professionals, and any other person. The right
also includes confidentiality of communication between a victim and support services providers.
◦ Victims of crime will now be able to get redress in instances of intimidation, harassment, bribery, or any form of abuse within
the legal system. The right is extended to the victims’ property

14. CONCLUSION
◦ - MULTI-STAKEHOLDER COOPERATION
◦ VICTIM RE-EDUCATION
◦ IDENTITY THEFT AWARENESS

15. THANK YOU!
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