Identity Card
The identity card is an official document used in Germany to prove identity and German citizenship. It is a central identification document and is subject to comprehensive legal regulations. In addition to its function for identification, the identity card enables the use of numerous digital administrative services as part of its electronic feature (online identification function).
Legal Foundations
Identity Card Act (PAuswG)
The legal basis for the issuance, possession, and use of the identity card is the Identity Card Act (PAuswG). This law defines the personal and material requirements for the identity card, regulates the rights and obligations of the holders, as well as the powers of the issuing authorities.
Key contents of the PAuswG are:
- Obligation to Hold ID (§ 1 PAuswG): German citizens aged 16 and over must generally possess a valid identity card or passport.
- Electronic Functions: In addition to simple identification, the law also regulates the use of the online identification function and the security of personal data.
Regulation for Implementing the Identity Card Act (PAuswV)
Supplementing the Act, the Identity Card Regulation (PAuswV) is issued, which primarily sets out technical and organizational details, such as the specifics of the document’s design, the application procedure, the fee structure, or data storage.
Obligation to Hold ID and Exemptions
Scope and Commencement of the Obligation to Hold ID
The obligation to hold an ID card starts at the age of 16. For younger individuals, identity cards may be issued at the request of legal guardians, but there is no obligation to do so.
Exemptions from the Obligation to Hold ID
Certain groups of people are exempt from the obligation to hold an ID card, including for example:
- Persons who possess a valid passport,
- Persons for whom a legal guardian has been appointed for all matters, provided the guardian applies for this,
- German citizens permanently residing abroad.
Regulatory Offenses
Violating the obligation to hold an ID card constitutes a regulatory offense and can be sanctioned with a fine.
Application and Issuance
Competent Authorities
In principle, the identity card authority at the main place of residence is responsible for issuing the document; these are usually the Citizens’ Offices or Registration Authorities.
Requirements for Issuance
The following are required for application, among other things:
- Personal appearance (representation possible in justified cases of impossibility),
- Proof of identity,
- recent biometric photo,
- Proof of German citizenship.
Processing Time and Delivery
Production is carried out centrally by the Federal Printing Office. Processing times vary regionally but are on average around two to three weeks. Delivery is made to the applicant, and receipt usually must be acknowledged.
Fees
Uniform federal fees apply for issuing the document, in accordance with the Identity Card Fees Regulation. Minors pay a reduced fee. In certain cases of social hardship, fees can be waived or reduced.
Structure and Security Features
The identity card is produced in credit card format. It contains:
- Photo,
- Surname, birth name, first names,
- Date and place of birth,
- Nationality,
- Serial number,
- Validity period,
- issuing authority.
Biometric and Electronic Components
The integrated chip stores the following data:
- Photo (biometric),
- optional storage of fingerprints (mandatory from age twelve since 2021),
- electronic identity function (eID),
- electronic signature function (optional).
Security Features
The identity card has a variety of physical and electronic security features to prevent abuse and forgery, including holograms, microtext, UV features, and laser engravings.
Validity Period and Loss
Validity Period
- Up to age 24: 6 years,
- From age 24: 10 years.
An extension of the validity period is not possible; after expiration, a new card must be applied for.
Loss and Blocking
In case of loss or theft, the issuing authority and the police must be notified immediately. The online ID function can be blocked immediately via an emergency number to prevent misuse.
Uses and Functions of the Identity Card
Proof of Identity
The identity card serves as an official identification document for identification in numerous situations – for example, when dealing with authorities, banks, or for the conclusion of contracts.
Electronic Identity Function (eID)
The chip enables secure and legally binding use of digital services (e.g., online applications, register queries). Activation of this function is voluntary and at the holder’s request but can be deactivated or reactivated at any time.
Travel Document within the European Union
For travel to EU countries as well as some other states, the identity card is recognized as a travel document. For travel outside the European Union, a passport is often required, as not all countries accept the identity card.
Electronic Signature
The electronic signature, which can be activated upon request, allows documents to be signed digitally with legal effect. A certificate must be obtained for this purpose.
Data Protection and Security
Data Processing
The data stored in the identity card is subject to strict data protection regulations. Access to the data is regulated by law and is only permitted upon presentation of certain evidence (legitimate interest) and compliance with technical security measures.
Security Controls
The use of the online functions is secured by PIN procedures, blocking passwords, and transport PINs. Misuse and unauthorized reading are therefore significantly hindered.
Verification by Authorities
Domestic authorities and certain third parties (e.g., banks, notaries) are entitled to require the identity card for identification purposes and to access the data.
Legal Consequences of Misuse and Forgery
The misuse and forgery of identity cards are criminal offenses and can be punished by imprisonment or fines (§§ 267 ff. StGB). Presenting someone else’s ID, handing it over to third parties, or using forged IDs is a legal violation.
Special Provisions
Persons Without a Fixed Place of Residence
For people without a fixed place of residence, the card can be issued by another municipality. The residence will then be stated as “without a fixed place of residence”.
Identity Card for Germans Living Abroad
Germans with permanent residence abroad can apply for the identity card at consular representations or certain German authorities in Germany. Special application procedures and longer processing times apply.
Historical Development
The identity card has a long history of development, characterized by continuous adaptation to technological and legal requirements. From its introduction in 1938 through various versions up to the electronic variant from 2010, the history shows how the identity card has increasingly been expanded with digital components.
Summary
In Germany, the identity card is the central identification document with comprehensive legal anchoring. It serves for identification, as an electronic signature document, and as a travel document within the EU. Rights and obligations are detailed in the Identity Card Act and supplementary regulations. Data protection, security, and prevention of misuse are central aspects when handling the identity card and its electronic functions. Careful handling of the identity card is of great legal and practical importance for every holder.
Frequently Asked Questions
Is it legally required to carry the identity card in Germany?
According to § 1 Paragraph 1 of the Identity Card Act (PAuswG), German citizens aged 16 and above are obliged to possess a valid identity card, unless they have a valid passport. However, there is no general obligation to carry the identity card at all times. The law only requires possession, not carrying. In checks by authorized authorities (e.g., the police), one must, however, present the identity card or passport upon request. If the document cannot be presented immediately, the authority must be allowed to verify the identity subsequently. In certain situations, such as air travel or visiting authorities, it may still be necessary to carry the document.
What are the legal sanctions for not possessing an identity card?
Violating the obligation to hold an identity card constitutes an administrative offense pursuant to § 32 PAuswG. Anyone who does not possess a valid identity card and cannot present a passport commits an administrative offense, which can be punished with a fine of up to 3,000 euros. The exact amount of the fine is at the discretion of the responsible authority and takes the individual case into account. At a minimum, there will usually be a formal request to apply for an ID within a set period.
What legal requirements must be met for the issuance of an identity card?
According to § 9 PAuswG, applying for an identity card requires German citizenship and a place of residence or habitual abode in Germany. For issuance, the applicant must appear in person before the responsible identity card authority (usually the local citizen’s office). The applicant must prove their identity by suitable documents, typically a current or expired ID or passport. Minors additionally require the consent of their legal guardians. A biometric photograph and the submission of fingerprints (for persons aged 6 and over) are mandatory.
In what cases can an authority require the presentation or carrying of the identity card?
Authorities can generally always require the presentation of the identity card when legal identification is required (e.g., during police checks pursuant to § 163b of the Code of Criminal Procedure, in registration matters, or for banking checks). Carrying the card may be specifically required if set out in special laws or regulations, such as for air traffic or in certain security-related locations. The requirement must, however, be proportionate and justified by the occasion.
What legal regulations apply to the storage and use of the data contained in the identity card?
The data stored in the identity card is protected by data protection law, particularly the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). According to § 14 PAuswG, the use of data from the chip or from copies of ID cards is only permissible in exceptional cases. Special purpose limitations and retention periods apply to official authorities; companies or non-governmental third parties may process data from the ID (for example, by reading the chip or copying it) only with the explicit and informed consent of the holder and within narrow statutory limits. Unauthorized reading or copying is generally prohibited and may be subject to fines.
Is the use of copies of the identity card legally permitted?
Making and using copies of the identity card is only legally permissible in limited circumstances. Under the PAuswG and the requirements of the BDSG, a copy may only be made when it is demonstrably necessary, such as for identification in certain contracts (e.g., opening a bank account, mobile phone contract) and with the card holder’s consent. The copy may only contain data necessary for the intended purpose; sensitive information such as access or reference numbers should be redacted. The storage and processing of the copy must comply with data protection requirements, especially with respect to purpose limitation and deletion.
Under what circumstances may the identity card be withdrawn or confiscated?
The withdrawal, seizure, or confiscation of an identity card is regulated in detail in § 29 PAuswG. An identity card can be withdrawn by the competent authority if it has been forged, altered, or unlawfully obtained, or if loss or theft has been reported and the card is later found. Withdrawal is also permissible in cases of loss of German citizenship or if the information is no longer correct. In addition, the police or other authorized persons may seize the card in the course of criminal proceedings, particularly if necessary for the prosecution or prevention of offenses. Legal remedies are available in administrative court proceedings against an unlawful withdrawal.
