Definition and legal basis for official identification documents
Official identification documents are documents issued by a governmental or municipal authority, certifying certain personal data and characteristics about a person and legally recognized as proof of legitimacy or identity. The issuance, possession, and use of official identification documents are comprehensively regulated by laws and legal ordinances in the Federal Republic of Germany and many other legal systems.
Significance of official identification documents
Official identification documents serve to verify the identity and, where applicable, other personal data (such as age, nationality, residence) of a natural person to authorities, companies, or other third parties. They play a central role in legal transactions, especially in registration matters, public security checks, travel, legal transactions, and in accessing state benefits.
Types of official identification documents
National ID card
The national ID card is the central official identification document for establishing the identity of German nationals from the age of 16 pursuant to the National ID Act (PAuswG). The national ID card includes a photo, name, date of birth, nationality, address, and ID number.
Passport
The passport primarily serves as a travel document outside the European Union and can also be used for identity verification. The legal basis is set forth in the Passport Act (PassG). Passport holders must be German nationals.
Children’s passport
For children under 12 years, a children’s passport can be issued as an official identification document. The relevant provisions can also be found in the Passport Act.
Residence permits and foreigner ID cards
Foreign nationals residing in Germany may, upon request, receive residence permits in the form of identification (e.g., electronic residence permit) under the Residence Act (AufenthG) or a corresponding regulation of the European Union.
Driver’s license
Although the driver’s license does not legally constitute proof of identity in the strict sense, it is frequently used as such. It is an official document certifying the holder’s authorization to drive.
Other official identification documents
These include, for example, official IDs for employees, student ID cards (at public universities), military service IDs, and special IDs for certain groups in public life.
Legal requirements and obligations
Requirements for issuance
The issuance of an official identification document generally requires an application to the competent authority. Documentary proof of identity, nationality (e.g., birth certificate), and, where applicable, residence is required. The authority checks the information and records the data in the document.
Obligation to carry identification
According to Section 1(1) of the National ID Act, German nationals are required to possess a valid national ID card or passport from the age of 16. There is no general obligation to carry the ID at all times in Germany; however, particular circumstances, such as police checks, may require one to carry identification.
Identification function and verification of identity
Official identification documents are the legally recognized standard documents for proving identity to authorities and in private legal transactions. Identity verification pursuant to Section 16 PAuswG or Article 8 eIDAS Regulation (for electronic documents) ensures legal certainty and protection against misuse.
Misuse and criminal liability
The misuse, forgery, alteration, or unauthorized use of an official identification document is a criminal offense and is prosecuted, depending on the severity of the offense, under Section 267 of the Penal Code (forgery of documents), Section 276 of the Penal Code (forgery of data of evidential significance), as well as under special laws (e.g., Section 281 of the Penal Code – misuse of identity documents).
The use of another person’s or an invalid official identification document also constitutes a regulatory offense and can be punished with warnings or fines.
Special legal aspects
Electronic identification documents and eID function
The electronic national ID card and the electronic residence permit are equipped with a so-called eID function. The legal basis for their use, data protection requirements, and technical standards is set out in the National ID Act and the Ordinance on ID Cards and Electronic Proof of Identity. The eID function enables secure digital authentication for online services, as defined in Section 18 PAuswG.
Data protection and data security
When issuing and using official identification documents, data protection regulations—particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG)—must be strictly observed. The processing of personal data is only permitted for legally authorized purposes and is subject to strict security measures.
Loss, revocation, confiscation, and invalidity
Loss or theft of an official identification document must be reported immediately, usually to the issuing authority or the police. The legal consequences are set out in the Passport Act, the National ID Act, and the respective administrative regulations.
An official identification document can be revoked or declared invalid if the requirements for issuance no longer exist or if there is reasonable suspicion of misuse. Confiscation is a sovereign measure, usually taking effect immediately.
International aspects
Official identification documents are considered fundamental legitimizing documents in the European and international context as well. As part of the freedom to travel within the Schengen Area, the national ID card is sufficient for crossing borders. For travel to countries outside the EU, a passport and, if applicable, a visa are usually required.
Many countries also recognize foreign official identification documents as proof of identity, though their acceptance may depend on bilateral agreements.
Importance of official identification documents in legal transactions
Presenting an official identification document is required for numerous legal acts: for example, in registration matters, marriages, administrative acts, bank transactions, notarizations, or concluding contracts with services that require proof of identity. They ensure the unambiguous assignment of rights and obligations to the correct person and prevent identity fraud.
Summary
Official identification documents are fundamental legal documents, the issuance, possession, use, protection, and misuse of which are governed by law. They serve as proof of identity and enable participation in public, private, and international legal relations. The legal framework ensures legal certainty, data protection, and protection against misuse, and is subject to extensive state regulation.
Frequently Asked Questions
What legal regulations apply to the issuance of official identification documents in Germany?
The issuance of official identification documents in Germany is governed by various regulations, particularly the National ID Act (PAuswG) and the Passport Act (PassG). In Germany, all German nationals from the age of 16 are required to possess identification, meaning they must have a valid national ID card or passport. Applications are made at the local registration authority, where various personal and biometric data may be collected. The production and issuance of documents are subject to strictly controlled procedures to ensure the security and authenticity of the identification documents. Special regulations also govern technical requirements, violations, and the storage or transfer of data. There is no general obligation to carry the document at all times, but the police may require presentation of a document for identity verification.
What data must be provided for an official identification document?
For the issuance of an official identification document, numerous personal data must be collected and stored by law. These typically include: family name, birth name, first names, doctoral degree, date and place of birth, gender, height, eye color, and the current address of the applicant. In addition, a recent biometric photograph and, from a certain age, fingerprints of two fingers are required. The storage of this data and its transfer to authorized bodies are strictly regulated by law and data protection rules. No data other than that required for issuance may be collected.
Under what circumstances may authorities confiscate or declare an identification document invalid?
Authorities may confiscate or declare an official identification document invalid according to the relevant legal provisions if the document has expired, is significantly damaged or illegible, in case of loss and recovery of a newly issued document, or if it contains demonstrably incorrect information. Confiscation is also possible if the document has been misused or if a person is required to surrender it by court order, for example in cases of imminent flight risk in criminal proceedings. The underlying legal basis is the National ID Act and the Passport Act, which set out the exact procedure, legal consequences, and the rights of the document holder.
What penalties apply for violations of the obligation to possess identification?
Anyone who violates the obligation to possess identification is liable to a regulatory fine under the relevant legislation. Typical violations include not possessing a valid document, failing to apply for a new document after expiration or loss, or presenting an invalid or expired document. Fines for such administrative offences may vary according to the individual case and the discretion of the authority. In addition, refusal to cooperate may have criminal consequences, for example when submitting falsified documents.
Who may request a copy of an identification document and under what legal conditions is this permitted?
Making and requesting copies of identification documents is generally only permitted under specific conditions according to the National ID Act, Passport Act, and data protection law. Authorities may request copies in the course of their official duties where legally prescribed. Private individuals or companies may only make copies if there is a clear legal basis (such as under anti-money laundering laws) and the affected person is informed. Only the necessary data may be collected, and no complete reproduction of the document may be stored; sensitive areas such as the MRZ (machine-readable zone), access numbers or photo should be redacted. Improper storage or transmission of such copies constitutes a data protection violation and may be sanctioned.
Are there any legal exceptions to the obligation to possess identification for certain groups of people?
The law provides for exceptions to the identification obligation in special cases. Minors under 16 are generally not required to possess a national ID card or passport. Persons who, due to permanent physical, mental, or psychological disability, are unable to apply for or use an identification document may be exempted upon request. Special rules apply to people without a fixed abode or homeless individuals with regard to registration addresses and contact points. There are also special provisions in the diplomatic sector and for certain professional groups, each governed by their own regulations.
How is the use of electronic proof of identity (eID) regulated by law?
The use of the online identification function (eID) of the national ID card is legally regulated in Germany by the National ID Act and the eID Act. Key requirements include the voluntary activation of the function, unambiguous identification of the user for digital services, and special protection of the personal data used. Access to the eID function and associated data transfer is possible only with the explicit consent of the user and when the provider is state-certified. There is also an extensive logging system, safeguards against misuse, and a commitment to comply with data protection requirements. Violations of these provisions may be sanctioned by administrative authorities as well as in civil law.
