Definition and concept of identification documents
An identification document is an officially issued document that conclusively proves the identity of a natural person. It is of central importance in a wide variety of legal contexts, such as administrative procedures, economic transactions, or police checks. The legal provisions regarding identification documents are found in various German and European legal norms and include, in particular, the identity card, the passport, and in some cases, other identity proofs.
Legal foundations for identification documents
National legal bases
Identity Card Act (PAuswG)
The Identity Card Act (PAuswG) regulates the issuance, use, and control of the identity card as the primary identification document for German citizens. It defines who is required to possess an identity card and outlines how identity verification and the provision of information are to be conducted.
Passport Act (PassG)
The Passport Act (PassG) regulates the issuance of passports. The passport primarily serves as an identification document for international travel but is also recognized as an official identity document within Germany.
Other laws and regulations
In addition, there are further regulations for specific identification documents, for example the Residence Act (AufenthG) for foreign citizens holding a residence permit, or the Military Act (SG) for the military ID.
European and international requirements
The legal frameworks at the European level, particularly Regulation (EU) 2019/1157 on improving the security of identity cards, set essential minimum standards for the security features and mutual recognition of identification documents within the European Union.
Function and significance of identification documents
Proof of identity
The identification document serves as state-verified proof of one’s identity. Authorities, companies, and private individuals can thus reliably determine identities, which is necessary, for example, for contract conclusions, border crossings, or official applications.
Obligation to present identification
According to § 1 para. 1 PAuswG, every German citizen aged 16 and over is required to possess a valid identity card or passport. Where there is a legitimate interest, such as during police checks, identification documents must be presented upon request and handed over for inspection (§ 1 para. 2 PAuswG).
Authentication and electronic identification
In the course of digitalization, modern identification documents such as the electronic identity card (ePA) use chip and PIN technology to contribute to secure authentication in electronic legal transactions and administration.
Types of identification documents in Germany
Identity card
The German identity card is the most important identification document for citizens of the Federal Republic of Germany. It contains personal data, a biometric photo, and—when activated—an electronic identification function.
Passport
The German passport serves as a travel document and identification document. It includes biometric security features and is likewise recognized as proof of identity.
Residence permit
For citizens of other countries, the residence permit is a personalized identification document. These are issued by the immigration authorities in accordance with the Residence Act and contain current information about the type and duration of the allowed stay.
Other types of official identification
There are other official documents, such as service IDs, military IDs, or provisional identity cards, which are recognized as identification documents in certain situations.
Requirements and security features
Minimum requirements
Every identification document must include certain mandatory information, particularly name, date of birth, photo, signature, and issuing authority. For biometric IDs, fingerprints and an electronic data storage are additionally required.
Security features
To prevent forgery, modern identification documents employ complex printing techniques, security foils, holograms, and integrated microchips, which significantly impede manipulation.
Obligations and rights in connection with identification documents
Obligation to carry
Although there is no general obligation to carry identification in Germany, one must be able to prove possession of a valid identification document. In certain situations, such as participation in road traffic or in the context of registration requirements, carrying an ID may be temporarily mandatory.
Inspection rights and duties
Certain authorities, such as the police, customs, or local regulatory office, are authorized under § 163b StPO and other regulations to determine identity and therefore to demand presentation of an identification document. The individual is obliged to comply with this request.
Data protection and identification documents
Handling of personal data
The protection of personal data processed in identification documents is subject in particular to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Unlawful collection or storage of identity data is prohibited under these regulations.
Reading and storing electronic data
Reading the electronic identification function is not permitted without explicit consent. For many applications, such as online services, the data holder’s explicit approval is required.
Criminal and administrative offenses
False certification and document forgery
Presenting a forged identification document constitutes a criminal offense (forgery of documents) under § 267 StGB. The unauthorized use, issuance, or alteration of official identification documents is associated with significant criminal consequences.
Fines and sanctions
Anyone who fails to fulfill their identification obligations, such as by not possessing a valid identity card, commits an administrative offense under § 32 PAuswG and must expect a fine.
International aspects and recognition
Mutual recognition of identification documents
Within the European Union, identification documents are mutually recognized under certain conditions. For entry into third countries, national passports are usually required.
Special provisions for multiple citizenship
Individuals with multiple citizenships may possess several identification documents, each valid for the respective country. The legal consequences of using these documents are governed by the respective national law and international agreements.
Current developments in identification document law
Digitalization and eID function
Ongoing digitalization is leading to the continuous development of the electronic functions of identification documents. The so-called eID function enables secure online identification and increases the efficiency of electronic administrative processes.
Debate on data security and civil rights
Technological advancements are accompanied by discussions on data protection, inspection rights, and individual freedoms. The legal frameworks are continuously adjusted to maintain the balance between security and civil rights.
This entry provides a comprehensive overview of identification documents and their legal conditions in Germany and the EU. Identification documents remain indispensable documents for the verification of identity and the basis for numerous public and private legal transactions—even in the digital age.
Frequently Asked Questions
What legal obligations exist regarding carrying identification documents in Germany?
In Germany, German nationals aged 16 and over are generally required under § 1 of the Identity Card Act (PAuswG) to possess a valid identity card or, alternatively, a valid passport. However, there is no general obligation to constantly carry these identification documents. Nevertheless, according to § 111 paragraph 1 of the Administrative Offenses Act (OWiG), it may constitute an administrative offense if, during identity checks—for example in the course of police measures or inspections by other authorized authorities—the ID cannot be presented. In certain situations, such as at airports, when entering venues regulated by licensing law, or when concluding contracts, presentation of identification may be required. The absence of a valid ID can also result in a fine. For foreign nationals, § 48 of the Residence Act (AufenthG) establishes the obligation to possess a valid passport or passport substitute and to present it upon request.
What legal requirements apply to the issuance of identification documents?
The issuance of identification documents, especially the identity card, is regulated by the Identity Card Act (PAuswG) and the Identity Card Regulation (PAuswV). The basic requirements for application typically include German citizenship, a current residence in Germany, and personal attendance at the responsible registration authority. Biometric photographs and, if necessary, fingerprints must be submitted. The authenticity of the application information is verified by presenting additional documents, such as a birth certificate. Processing is carried out with due regard for data protection, especially regarding electronically stored personal data. For minors, the consent of legal guardians is required.
What penalties apply for misuse or forgery of identification documents?
The misuse or forgery of identification documents is prosecuted strictly under criminal law in Germany. According to § 267 of the Criminal Code (StGB), creating, using, or altering a false identification document constitutes forgery and can be punished by a prison sentence of up to five years or a fine. Additionally, § 281 StGB specifically regulates forgery of identification documents, including obtaining, transferring, or using forged documents. Attempted offenses are also punishable. Further consequences may include entries in the Central Criminal Register and official reporting obligations. In particularly serious cases, such as the preparation of major crimes, even more severe penalties may be imposed.
What rights and obligations does the holder of an identification document have?
Holders of identification documents are legally required to keep them secure, promptly notify the authority of any changes to personal status or residence, and have the document updated if necessary. Unauthorized use by third parties must be prevented. In case of loss, it must be reported immediately to minimize the risk of misuse. The ID serves as official proof of identity and entitles the holder, for example, to cross borders within the EU. Use in electronic identification (eID function) is optional but, if activated, requires careful handling of the associated access data.
What are the legal consequences in the event of loss or theft of identification documents?
In case of loss or theft of an identification document, an immediate report must be filed with the issuing authority—usually the local citizens’ office or the police—in accordance with § 27 PAuswG. The reporting obligation serves to protect against misuse and makes it possible to block any electronic functions, such as the eID function. The holder receives a loss certificate and may apply for a new ID. For companies or in security-sensitive professions, there may also be a separate reporting obligation. The deliberate omission of a report or the misuse of identification data by third parties can result in criminal or administrative penalties.
What legal principles apply to the storage and disclosure of identity data?
The collection, storage, and disclosure of identity data are subject to strict data protection regulations, as governed by the Federal Data Protection Act (BDSG), the provisions of the Identity Card Act, and the General Data Protection Regulation (GDPR). Disclosure of personal data from ID documents is in principle only permitted with statutory authorization or consent of the data subject (§ 20 PAuswG). Presentation and copying of identification documents by private companies is only permitted in certain cases if no excessive data is collected and the purpose justifies it. Unauthorized disclosures are punishable by law and may result in both fines and liability for damages. In cases of doubt, a data protection interest assessment must be carried out.
