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Identity Theft - is your number up?

Identity theft scams are on the rise. This article explores six simple strategies which can help protect you from ... or in the worst case ... respond to, identity theft. Patrick Shing

Book and Film: The Talented Mr Ripley

Readers of Patricia Highsmith's The Talented Mr Ripley (or audiences of the 1995 feature film starring Matt Damon and Jude Law) may have the misplaced comfort that changing technology and investigative techniques have directed Ripley's ruse to fiction. Instead the opposite is true.

In the story, the working class Tom Ripley takes advantage of opportunity and ingenuity to assume the identity and fortune of wealthy Dickie Greenleaf. After recognising an uncanny physical resemblance between the pair, Ripley practices imitating Greenleaf's style of dress, manner of speaking and signature - a combination which allows Ripley to assume Greeneaf's identity and wealth.

Identity theft continues today — even in the absence of physical similarities between thief and victim.

Personal Information & Anonymous Transactions — Identity Thieves' Best Friends

Our personal information is now collected in thousands of different ways. We are increasingly identified by a series of numbers such as those on a drivers licence, passport, tax file, bank account, credit card or customer files. We are also routinely asked to divulge personal phone numbers, addresses and email addresses. We provide these details to many different people and organisations.

We use our personal information to complete significant transactions — without ever meeting the person we give the information. That means someone with access to one or more of those numbers and other snippets of information may successfully impersonate us to carry out transactions in our name.

Perhaps emboldened by the relative anonymity of such activities, the number of villains and the range of modern identity theft have grown exponentially. Some estimates suggest the financial cost of identity theft is $2 billion each year in Australia,[1] — a figure dwarfed by the more than $100 billion estimated to be lost worldwide annually[2].

Strategy 1 - Prevent identity theft

The first and fundamental step in preventing identity theft is to reduce the opportunities. This means being particularly vigilant with the extent to which you share your information with third parties.

For example, many standard forms provide space for multiple identity fields. However, do you really need to provide all 3 telephone contact numbers, your full name and work and home email addresses simply to enter the local footy club raffle?

TIPS to control the disclosure of your identifying information
  • Limit the information you provide to third parties to the information necessary for the transaction involved, not necessarily all of the information sought by the other party.
  • Use an anonymous email address to exchange day to day information online.
  • Avoid using (or limit the information you use) in public spaces — such as social websites.
  • Educate your children on the need to be careful with the disclosure of your family's identification information.

Strategy 2 - Tightly control access to your information

Think of your various identifiers as being keys to assuming your identity. You would not leave the keys to your office, car or home laying around, so take the same care to safeguard your identifying information.

It is usually easier for villains to observe and record and share the information you may provide in a public place. Therefore think twice about providing any of your information in public places such as internet cafes, public libraries or business centres. It is not just the internet either — it might be as simple as an identity thief over-hearing your conversation in public.

TIPS to control access to your identifying information
  • Maintain and update security safeguards for accessing your information. This can range from: placing locks on your letterbox (or using a PO Box) to regularly updating your passwords and anti-virus software.
  • Be careful with the information you place in the general rubbish. Use a shredder or secure garbage disposal for sensitive information.
  • If possible, delay transactions and disclosure of your identifying information to secure environments rather than public places.

Strategy 3 - Limit your exposure to identity theft

Once you acknowledge the risk of identity theft you should structure your affairs to minimise the consequences if you become a victim.

Review and control the amount and type of assets and lines of credit to which you have access.

TIPS to limit your exposure
  • Reduce the credit limit of each of your credit cards to the amount you actually need and remove the overdraft facility of your bank accounts.
  • Maintain a separate, low limit credit card that you can top up to complete online transactions.
  • Consider requiring joint signature in relation to the handling of your major assets.

Strategy 4 - Be vigilant detecting identity theft

Early detection of identity theft can be difficult but is crucial to minimise the potential consequences arising from the theft.

A patient and sophisticated identity thief, having secured your identity, may use it to secure multiple additional sources of supporting identification before abusing the stolen identity.

Often the first warning will not be provided by unauthorised financial transactions. You should therefore ensure that you regularly order and review a copy of your credit report which may provide you with alternate warnings. Some providers also offer to provide, for a relatively modest fee, a service which provides email alerts for activity on your credit file.

If your credit report indicates an unexplained activity, then you should contact the person or organisation who conducted the search and ask why it conducted those searches. This may disclose efforts by an identity thief to obtain services or credit in your name.

TIPS for detecting identity theft
  • Regularly review your credit report, which you can get from:
  • Veda Advantage - telephone 1300 762 207; and
  • Dun & Bradstreet - telephone 13 23 33.
  • Query the source of unsolicited correspondence.
  • Regularly review your transaction history and financial statements for abnormal or unauthorised transactions.

Strategy 5 - Respond to identity theft

You should securely maintain the current contact details necessary to promptly report identity theft. Store this list securely and review it regularly.

You need to respond to identity theft as soon as possible. It is likely to be an unsettling time for most victims. Even so, it is particularly important in those circumstances that victims maintain clear written records of the date, time, contacts and content in respect of all action they take. These records may provide significant assistance in reducing losses and prosecuting the thief.

TIPS for responding to identity theft

If you are a victim of identity theft, then the organisations you need to contact as soon as possible include:

  • the police - telephone 1800 333 000;
  • your financial services providers;
  • credit reporting agencies:
  • Baycorp Advantage - ph 13 31 24; and
  • Dun & Bradstreet - ph 13 23 33,
  • your telecommunications (including ISP) providers;
  • relevant government agencies:
  • drivers licence (the relevant state road traffic authority);
  • passport (Department of Foreign Affairs and Trade) ph 131 232 in Australia;
  • ASIC - ph 1300 300 630; and
  • Australian Tax Office - ph 13 28 61,
  • your major trading partners and business contacts; and
  • your financial and legal advisors.

Strategy 6 - Be vigilant in response to identity theft

Even after you respond to identity theft, you must continue to monitor the use of your identity. There may be dormant or later actions purported to be conducted in your name well after the initial incidents.

Again, you should regularly obtain copies of your credit report and promptly close all unauthorised accounts made in your name.


These basic strategies will help to reduce the chance that you become a victim of identity theft. However, it is important to stay vigilant and informed about the changing risks of identity theft. Just as Ripley's ruse to replicate Greenleaf's physical appearance has morphed into many modern equivalent schemes, tomorrow's incarnations of Ripley are expected to find new ways of assuming your identity.

Further Information

For further information about protecting your identity or assistance on this issue please contact call Maddocks in Melbourne (03 9288 0666) or Sydney (02 8223 4100) and ask for a member of the Maddocks Information Technology and Intellectual Property Team.



Lawyer in Profile

Paul Ellis
Paul Ellis
Special Counsel
+61 3 9258 3524

Qualifications: LLB, Deakin University, BA (Political Science), Monash University

Paul is a Special Counsel in Maddocks Government and Not-for-Profit Commercial team. He specialises in:

  • the establishment, governance, operations, regulation and administration of charities and other not-for-profit entities,
  • in commercial arrangements for the procurement or supply of goods and services, including technology services, and
  • in compliance and enforcement activities undertaken by government agencies.

Paul is Maddocks' main authority in relation to the Personal Property Securities Act 2009.

He has an in-depth understanding of the government sector, as his experience prior to Maddocks includes 13 years with the Victorian Department of Justice.