Is identity theft really theft?
Clare Sullivan · International Review of Law Computers & Technology · 2009
This article continues the examination of the emergent legal concept of identity now clearly evident in the UK as a result of the Identity Cards Act 2006 (UK) and its consequences. In ‘Conceptualising Identity’ (International Review of Law, Computers and Technology 2, no. 3 (2007): 237), the author asserted that identity is emerging as a distinct, new legal concept and considered the composition and legal function of the new concept. This article builds on that study and uses the emergent concept of identity, particularly token identity, to analyse the nature and consequences of identity theft. Identity theft is defined using the concept of identity now evident in the UK and the article examines misuse by a person of another individual's registered token identity for a transaction. The article considers whether an individual's identity is property that is capable of being the subject of theft, having regard to the nature and function of the emergent concept of identity.