L'usurpation d'identité numérique sur Internet : Etude comparée des solutions françaises, mexicaines et nord-américaines
Cynthia Solis Arredondo · HAL (Le Centre pour la Communication Scientifique Directe) · 2018
The digital identity has become one of the most important immaterial values in everyday life, the personal and academic reputation, the professional profile, but even more than that, the freedom to be on the web without to be afraid of the usurpation of our identity is the inspiration of this thesis work. In the digital world, borders no longer exist, interactions with people around the world are becoming more common, e-commerce, social networks, online procedures, information exchange between countries and governments, and also personal relationships in mobile applications, this is also the reason for being a comparative law study between Mexican, French and American law. In the first part, we develop the elements of digital identity, the personal data included in the whole of this concept which is both misunderstood and therefore poorly protected but also very important in the development of the digital economy. The second part, understands the interpretations of digital identity in the field of criminal law administrative law and civil and commercial law. In particular, there are differences between the interpretation of the criminal law of identity as protected legal property; in comparison with interpretations of the administrative law that protects the digital identity as personal data, the implementation of international recognition of the right to the protection of personal data and becomes the regulation that defines the rules of their treatment, thus imposing sanctions on the unlawful treatment and on the other side the civil right which a party recognizes the right of the personality and the right to the personal image. The third part is dedicated to the study of digital identity as a source of evolution of the law, as well as to the attacks on all the elements that are part of this identity. Law is always behind innovation and yet, alongside the evolution of humanity, inventions, technology and development, there is the evolution of illicit acts and means of committing crimes in the world digital environment. Even though the phenomenon of identity theft is not new, it has overcome in the world in the last five years thanks to new technologies that allow to create, modify, alter, falsify, reproduce and disseminate personal data, photos and identifiers in a very fast and global way, which allows to sell in the deep web full of personal data for later to make different types of illegal use, including identity theft. As the new technology is used for the sophistication of illicit activities, there is a work of computer security companies to fight technically against attacks on information systems, networks and information, especially data breaches of personal data, so at the end of this part we do a study of digital tools created for this purpose.