{"id":912,"date":"2015-04-16T23:08:37","date_gmt":"2015-04-16T21:08:37","guid":{"rendered":"https:\/\/planit.legal\/wp\/?p=912"},"modified":"2019-03-25T23:58:20","modified_gmt":"2019-03-25T22:58:20","slug":"copying-id-cards-is-prohibited-that-depends","status":"publish","type":"post","link":"https:\/\/planit.legal\/en\/copying-id-cards-is-prohibited-that-depends\/","title":{"rendered":"Copying ID cards is prohibited? That depends…"},"content":{"rendered":"

Scanning and copying of ID cards is a widespread practice in the German business sector. Copies of ID cards are required as proof of identity, taken to the file or scanned (e. g. by\u00a0online services, credit agencies, logistics companies, fitness studios). Does\u00a0this practice violate data protection law or the often claimed “ban” on copying ID cards<\/a>? In short: In many cases it is\u00a0– but not always. For instance, some companies enjoy exemptions from the legal rules that forbid copying. Also, while scanning is forbidden in principle, it is not\u00a0clear\u00a0whether this also applies to pure copying.<\/p>\n

Permissibility According to the German ID Card Act (PAuswG<\/em>): No Scanning, Copying only under Certain Circumstances<\/h2>\n

The extent to which data may be collected from the new ID card is governed by the German ID Card Act (Personalausweisgesetz – PAuswG<\/em>). The Federal Data Protection Act\u00a0(Bundesdatenschutzgesetz – BDSG<\/em>) does not apply. In terms of scanning and copying, the PAuswG was supposed to provide clarity (cf. the commentary by the legislator<\/a>):<\/p>\n

In the future, the collection and use of personal data from or with the help of the ID card must only be carried out by the designated\u00a0means. […] Other\u00a0methods, such as\u00a0the optoelectronic recording<\/strong> (“scanning”) of identification data or of the machine-readable area shall\u00a0be explicitly excluded<\/strong>.<\/p><\/blockquote>\n

However, this prohibition on scanning has only been expressed incompletely or at least ambiguously in Sec. 20(2) PauswG<\/a>. According to this provision, apart from the permitted reading of the integrated chip for “electronic proof of identity” (Sec. 18 PAuswG), any use of the ID card for “automated retrieval” or “automated storage” is prohibited. However, only scanning for storage purposes is clearly recorded and thus prohibited, as confirmed by a judgement of the VG Hannover (Az. 10 A 5342\/11<\/a>). Whether this also includes temporary scanning into a device’s RAM (e. g. in the context of a copying process with a modern copier) is not clear; in case of doubt, it is advisable to avoid\u00a0also such temporary scanning.<\/p>\n

The Hanover Regional Court, on the other hand, has left it open, “whether the mere copying of identity cards… is actually prohibited”<\/em>. This is also not clearly stated in Sec. 20(2) PAuswG<\/a>. For if you don’t consider that modern photocopiers have an electronic buffer, making a copy in paper form as such is actually neither an “automated retrieval” nor a from “automated storage”. As long as no automated storage takes place, some supervisory authorities therefore see room for the holder of an ID card to\u00a0copy it\u00a0– and for third parties to copy it on behalf of the holder\u00a0(cf. e.g.\u00a0the statements of the data protection authorities of Northrhine-Westphalia<\/a>\u00a0and Hamburg<\/a>; however, the ULD Schleswig-Holstein, in p. 17 of its information brochure<\/a>, is more restrictive). One possible area of application would be the identification by means of a copy of the identity card in case the holders excercise their right to access personal data, e. g. against credit agencies<\/a>.<\/p>\n

However, the opposite view is also held, claiming that not only scanning but also copying by private\u00a0authorities is prohibited (apart from the special cases mentioned below, for example from the German Money Laundering Act). As an argument for this, some refer\u00a0to the fact that the Federal Republic of Germany is the owner of the identity cards and as such has the power to determine how they may be\u00a0used. In light\u00a0of Sec. 20 PAuswG<\/a>, however, it is doubtful\u00a0whether the German state has in fact excercised this power to issue a general ban on copying.<\/p>\n

In any Event, Use of Copies of ID Cards is Very Limited under Current\u00a0Law<\/h2>\n

Even if one follows the view that copies of the identity card are not prohibited per se, the admissibility is strictly limited.<\/p>\n