10 May · Tue 2005
The answer is expensive technology...
Give me back my identity!
The topic of "Identity Theft" is a hot one at the moment, so I think it's time to look a little more closely at some of the assumptions bundled up in that expresssion. First, a disclaimer: I Am Not A Lawyer (though obviously, opening with a disclaimer is a good step in that direction ;^).
That said, here's the position as I understand it: UK law distinguishes between two kinds of property: "real property" (or "realty"), and "personal property", (or "personalty"). Incidentally, that's where the US terms "realtor" and "real estate" come from: your "real estate" is that part of your personal 'estate' which consists of land and buildings. I freely admit that I don't know if that is mirrored in other legal systems, but I use the UK example in order to tease out a point which is relevant to Identity Theft.
So, personalty means things like your car, your camera, your collection of Durer etchings... realty is the land or buildings you own. The two kinds of property are treated differently when it comes to the law. If someone steals or damages your personalty, it's possible to compensate you with a replacement (a new camera) or with a cash payment (instead of, say, a unique work of art). However, if someone steals your realty, the only restitution the law recognises is for it to be restored to you. Compensating you with a cash payment is not considered adequate, and neither is giving you another piece of land instead.
"So what..." I hear you mutter...
Well, the point I want to make is that when we talk about "Identity Theft" we tend to treat identity is 'personalty'. We treat it like a possession which could be stolen, lost by a third party, and then replaced or repaired in some way. We need to be thinking of identity as realty, and (more important) legislating accordingly.
It makes little sense for a third party to pay me compensation if they lose or divulge my personal data - that doesn't help me much. What I need is to have my original 'identity' restored, its integrity intact. The trouble is, that's pretty hard to do, once the cat is out of the proverbial bag. Any remediation needs to look not just at 'giving my identity back to me', but cleaning up the consequences of the theft/loss. I don't claim to have an answer yet, but I do think that we are more likely to find one if we treat identity as realty than as personalty.
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