Copy ID card - you have to consider that

If you would like to conclude a mobile phone contract over the Internet or open an account, you must copy your ID card and send it to the provider. In this practical tip, we clarify whether this is allowed at all and what you need to consider in detail.

Copy ID card - is that allowed?

In November 2010 a new regulation of the Personal Identity Act (PAuswG) came into force in the course of the new electronic identity card. However, it is still not easy to clarify whether an ID card can be copied without further ado:

• In the justification for the law on the PAuswG it says: "In future, the collection and use of personal data from or with the aid of the ID card [may] only be carried out using the means provided for this purpose. […] Further procedures, for example via optoelectronic recording (" scanning ") of ID card data or the machine-readable area should be explicitly excluded. "
• This justification is reflected in Section 20 (2) of the PAuswG: According to this, apart from electronic proof of identity, identification by public and non-public bodies may not be used for automated retrieval of personal data or for automated storage of personal data. However, this standard does not directly imply a copy ban.
• According to the wording of Section 20 (2) of the PAuswG, it is only forbidden to scan the identity card for storage purposes. The VG Hannover (Az. 10 A 5342/11) has already confirmed this.
• However, the VG Hannover has expressly left open whether a copy ban also results from section 20 (2) of the PAuswG.
• Some laws and regulations provide explicit authorization to copy your ID card. For banks, there is, for example, section 8 (1) sentence 3 of the Money Laundering Act and for telecommunications providers (e.g. for a cell phone contract) section 95 (4) sentence 2 of the Telecommunications Act. In addition, many authorities are empowered to make copies.
• If copies of the identity card are permitted within the framework of Section 20 (2) of the PAuswG, these must be made under strict conditions. You can read more about this in the next paragraph.

Under these conditions, you can copy your ID card

• The copy may only be made for the purpose of proof of identity (Section 20 (1) PAuswG).
• Furthermore, an authorization to copy must be available, e.g. B. Section 95 (4) sentence 2 TKG for telecommunications providers.
• In addition, the PAuswG stipulates that banks and credit institutions as well as driving license authorities are allowed to make a copy of your identity card for identification purposes.
• In addition, the copy must also be required as part of data protection. As a rule, this will not be necessary for "identification among those present", since it is sufficient to simply show it. A copy may not be kept longer than necessary for "identification among the absent" (e.g. by concluding a contract via the Internet).
• The purpose of proof of identity can also be achieved if sensitive and unnecessary data (e.g. the ID number) is blackened.
• In any case, you may not create automated storage (e.g. as JPEG or PDF). In this case, it would hardly be possible to distinguish it from illegal scanning.

If your ID card has expired, you must apply for a new one. We explain how this works on the next page.