Term and general definition of an alias
Ein Alias (also: alias, cover name or pseudonym) refers to a name designation differing from the actual identity, which is regularly assigned to a natural or legal person for the purpose of concealing or obscuring the true identity from third parties. Aliases are used in numerous social, economic, and governmental areas, and are particularly known from police, intelligence, and military contexts.
Distinction from related terms
The alias differs from a pure pseudonym, which is mostly used in artistic, literary, or media contexts, while aliases are more closely associated with matters of identity and personality protection or special secrecy. The term “cover name” is used synonymously, but emphasizes the aspect of protection. Legally relevant is the exact intended purpose of the name change, whereby the alias is of particular significance in police and security law, data protection law, and name law.
Legal situation (Germany)
Police and intelligence law
Application and statutory foundations
In the field of law enforcement and danger prevention, the use of aliases is regulated by various laws. According to § 69 of the Federal Police Act (BPolG) as well as corresponding provisions of the state police laws, officers may use aliases for the purpose of concealing their identity, for example in covert investigations (§ 110a Code of Criminal Procedure [StPO]) or when employing informants. Similar regulations apply to the use of undercover agents or confidential informants in the intelligence sector, under the provisions of the Federal Office for the Protection of the Constitution Act (BVerfSchG) and the relevant state laws.
Protection of identity and disclosure obligations
The use of aliases serves to protect the identity of the deployed individuals. Disclosure of the true identity is legally restricted and only permitted in exceptional cases—such as by court order in cases of serious infringement of fundamental rights or particular public interest (§ 110b sec. 3 StPO). Obligations of confidentiality pursuant to §§ 53, 54 StPO must generally be observed.
Civil law aspects and name law
Permissibility and limits
In civil law, according to § 12 of the German Civil Code (BGB), the principle applies that every person has the right to use their civil name. The use of an alias in private matters is generally allowed, provided it does not infringe the rights of third parties and is not used for misleading or abusive purposes (e.g., identity fraud under § 263 StGB or § 269 StGB – false certification). Violations of name law may give rise to claims for injunctive relief and damages.
Stage name and alias
The stage name (§ 12 BGB by analogy) is protected as a self-assumed name in the context of artistic activities, provided it has acquired recognition in usage. In contrast, the alias is regularly aimed at secrecy and protection and is not recognized in public law, unless particular circumstances—such as under registration law in accordance with § 4 of the Federal Registration Act (BMG)—require an entry.
Considerations under data protection law
The use of aliases directly concerns data protection law. Personal data exists if a reference to an identifiable person can be established via the alias (Art. 4 No. 1 GDPR). Especially in the context of official investigations or data protection measures (such as in the case of whistleblowers under the Whistleblower Protection Act), the processing and storage of aliases is protected under data protection law. Disclosure may only take place under the strict conditions of Art. 6 GDPR (lawfulness of processing).
Criminal law risks and misuse of aliases
Concealment of identity and deception
If an alias is used to deceive in legal transactions or to conceal facts, criminal law risks such as forgery of documents (§ 267 StGB), fraud (§ 263 StGB), and indirect false certification (§ 271 StGB) may arise. The boundary between legitimate anonymity and punishable concealment must be assessed in each individual case based on the circumstances.
Use on the internet
In the field of telecommunications and digital communication, the use of aliases is widespread (e.g., nicknames in forums or email aliases). The Telemedia Act (TMG) permits the use of pseudonyms in certain cases but requires service providers to weigh possible legal violations by anonymous or pseudonymous users.
Alias in international law
Comparable regulations
Other legal systems also have similar provisions for the protection of persons acting on behalf of the state under false identities. Differences exist in particular regarding the scope of protection, judicial oversight, and the permissibility of disclosure of the real identity.
Cooperation and international investigations
Within the framework of Europol, Interpol, or joint investigations, aliases can be used across borders. In doing so, interstate agreements and international data protection regulations must be observed.
Assessment between secrecy and legal certainty
The provision and use of aliases is subject to a balancing of interests between the need for protection of the affected person (e.g., investigators, witnesses, whistleblowers) and the rule of law principle—especially the right to effective defense and to be heard in court. In each case, it must be weighed whether the interest in secrecy of the person involved outweighs the interest in disclosure, especially in the event of significant infringements of fundamental rights.
Summary
The term Alias covers a wide range of legal aspects, spanning from name law to police, data protection, and criminal law up to international legal relations. Legally, the use of an alias is permissible as long as it does not serve illegal deception, the infringement of third-party rights, or abuse. Statutory regulations serve to protect state, private, and public interests, with the principle of proportionality and the respective protective purposes always to be observed. Abuse of aliases can have far-reaching legal consequences.
Frequently asked questions
Is the use of an alias in legal documents permitted?
As a rule, the use of an alias in official and legal documents within Germany is not permitted. The Civil Code and the laws governing civil status generally require that the civil name be used in legal transactions to allow for clear identification. For contracts, official documents, or identification documents, the official name registered in the civil status register must always be used. Exceptions where the use of an alias is legally permissible are rare and must be clearly stipulated by law or approved by the authorities, for example, for witness protection or during investigations.
What criminal consequences can occur from the improper use of an alias?
Anyone who uses an alias in legal transactions to pose as another person or deliberately conceal information may be committing a criminal offense. This can meet the elements of offenses such as forgery of documents (§ 267 StGB), indirect false certification (§ 271 StGB), or fraud (§ 263 StGB). Especially when giving a false name causes financial damage or deceives the state or third parties, criminal laws provide for severe penalties, up to imprisonment. Even when using a pseudonym without intent to deceive, civil law disadvantages may occur, such as the nullity of contracts.
Under what circumstances can the police or public prosecutor’s office use aliases?
German law enforcement authorities may use aliases as part of specific legal regulations. This particularly applies to undercover investigations, witness protection programs, and surveillance (§ 110a ff. StPO). In such cases, aliases are assigned to investigators or witnesses to protect their identity and safety. The legal basis here is usually found in criminal procedural provisions as well as the Federal Criminal Police Office Act or the police protection laws of the federal states. Use is always strictly limited and requires internal documentation so that identity can be traced at any time if necessary.
Is the commercial use of an alias legally possible?
In business, so-called “stage names” or company names can be used as long as this does not serve misleading or fraudulent purposes and the civil name can always be disclosed. Registration of a business (for example, as a company in the commercial register) is subject to the provisions of the Commercial Code (HGB), and the identity of the owner must always be apparent. Artists, authors, or journalists may use pseudonyms in business dealings, but must disclose their real name to the contracting partner if necessary. Additionally, strict identification requirements apply in tax law to prevent tax evasion and money laundering.
How does the registration law deal with aliases?
The Federal Registration Act (BMG) does not allow the entry of aliases or pseudonyms in the registration register. According to its provisions, the officially established name must always be provided when registering or re-registering. An exception is made for officially approved name changes, for example as part of a witness protection program, which requires a court or official order. Providing an alias to authorities usually constitutes an administrative offense or can even be criminally relevant, especially in the case of intended deception.
Can aliases be used on the internet and what legal considerations apply?
On the internet, the use of an alias—as a username, nickname, or pseudonym—is generally permitted, provided that the rights of third parties are not violated and there is no obligation to disclose the true identity. In certain cases, for example on commercial websites, the provisions of the Telemedia Act (TMG) apply, which require operators to provide a serviceable address and the real name in the imprint. For law enforcement purposes, identification data must also be storable. Furthermore, the use of an alias is not permitted if it is done for the purpose of deception, defamation or committing criminal acts.
Is there a right to use an alias?
There is no general right to use an alias in Germany. Special cases, such as the official approval of a pseudonym under the Change of Name Act or for the protection of endangered persons (e.g., witness protection), are regulated individually and are subject to strict legal requirements. Stage names can be registered with the registration authority, but do not replace the civil name; they are only kept additionally. There is no enforceable right to use an alias in legal transactions.
