Written answers

Wednesday, 27 September 2006

Department of Justice, Equality and Law Reform

Internet Banking Fraud

8:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 229: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact some people in the State have been victims of an on-line banking swindle (details supplied); if his Department has drawn up guidelines for victims of phishing and the advice he would give to such victims in order for them to recover their lost money; and if he will make a statement on the matter. [29743/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed that An Garda Síochána has received in excess of 20 complaints from members of the public relating to fraudulent withdrawals from their bank accounts. The offences are committed using a technique known as "phishing". "Phishing" is the term used to describe the theft or attempted theft of personal information using e-mail and "bogus" web-sites. It is a relatively recent phenomenon.

The act of "phishing" constitutes a number of offences contained in the Criminal Justice (Theft and Fraud Offences) Act 2001. In addition, a provision to give the Council of Europe Convention on Cybercrime the force of law in Ireland is included in the Criminal Justice (Miscellaneous Provisions) Bill. The Government has approved the drafting of the Bill along the lines of a General Scheme and the General Scheme has been forwarded to the Office of the Parliamentary Counsel for drafting of the Bill.

I am informed that a number of persons have been prosecuted on charges of theft offences relating to "phishing" incidents where the proceeds of fraudulent withdrawals have been transferred to an apparently legitimate account which has been used to facilitate the withdrawal of the stolen funds. A number of other similar investigations are ongoing at this time.

I understand that An Garda Síochána is working with the Banking industry to counteract this phenomenon. A High-Tech Crime forum has been established with all relevant stakeholders including An Garda Síochána and the Financial Services Industry including the banking sector. This forum facilitates the rapid dissemination of information related to "phishing" and other methods being used in an attempt to compromise banking services.

I am also informed that The Irish Bankers Federation participates in the MakeITSecure campaign, a national information campaign aimed at educating consumers on how to use IT securely, particularly in relation to financial transactions. MakeITSecure is a coalition of partners from the private sector as well as the Department of Communications, Marine and Natural Resources. The campaign was launched by the Minister for Communications, Marine and Natural Resources, Mr. Noel Dempsey T.D., in November 2005. This website focuses on four areas — identity theft, "phishing", spyware and child safety on-line. MakeITSecure aims to help individuals, families and businesses protect themselves by showing the main risks and offering some solutions to make their internet experience more secure.

Its aim is to raise public awareness of on-line security and provide practical information to help people use on-line resources safely and securely. The campaign provides key messages to consumers in relation to "phishing" and how to avoid it. Each institution reviews individual cases of "phishing" on a case by case basis.

I am also informed that in December 2003, the Financial Regulator issued a press release on the topic and continues to do so on a regular basis, the most recent press release being issued in June of this year. A factsheet informing consumers as to how to protect themselves from fraud was also published in June 2004 and is available from the Financial Regulator's website. All the information and communication from the Financial Regulator has reinforced the same warnings — that no bank would ever ask their customers to confirm any of their financial information by email or by entering details into a website.

I am informed that the Irish Payment Services Organisation is also very active in raising awareness of such issues. I understand that most financial institutions publish warnings on their own website when they are the subject of such activities. Victims of "phishing" attacks are advised by An Garda Síochána and the industry to report any such attack immediately to An Garda Síochána for investigation.

An Garda Síochána's primary function relates to the investigation of the criminal conduct through which the monies have been lost by the injured parties as opposed to the recovery of funds. However criminal courts may make orders restoring funds which have been identified as the proceeds of crime following conviction of the offender. I am confident that every assistance is given by An Garda Síochána to injured parties and their representatives in their effort to recover monies. If a consumer is a victim of this crime, he or she should report the matter to the Gardaí and to their bank. The best line of defence against this type of fraud is to educate consumers so they are aware that they should not disclose their personal financial information to anyone.

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