The theft of digital identity and the illegal use of collected data

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First of all, it is necessary to analyze the concept of personal identity and that of digital identity and the protection of the person’s personality on the web. According to the definition provided by psychology and social sciences, personal identity consists in the representation of an individual in relation to the social context in which his personality develops criminal law firm toronto.

The concept of personal identity contains the set of characteristics of the individual. Personal identity is a cultural and social construct, an object of choice, adhesion and construction (more or less conscious).

Personal identity can be configured as a good-value constituted by the social projection of the individual’s personality, to which an interest of the subject to be represented, in the life of a relationship, with his true identity is correlated, and not to see his own heritage misrepresented. intellectual, ideological, ethical, religious, professional.

Personal identity, thus defined, also falls within the legal assets protected by the legal system, which aims to protect the interest of the subject in being represented in the social context in which he lives and in which he expresses his personality, as free determination (and representation) of one’s self.

In this sense, therefore, the legal system recognizes the right of the individual to maintain control over the representation he has of himself in the eyes of society; from these concepts, however, the legal issues relating to the protection of honor, decorum, reputation, as well as the right to image develop.


This right is in fact part of the fundamental rights of the human person and has also been defined in this way by the Constitutional Court, according to which the right to personal identity consists of the “right to be oneself, understood as respect for the image of participating in associated life , with the acquisitions of ideas and experiences, with the ideological, religious, moral and social convictions that differentiate, and at the same time qualify, the individual ”. This context also includes the concept of digital identity which is the representation of an individual, identifiable in the person who creates / uses the dataset in which it is stored.

It is clear, in fact, that every action performed in the reality of the internet provides the system with data that allow it to reconstruct a more or less detailed profile of the user to whom they refer, relating to his or her personality, preferences and personal opinions: in short, his personal identity.