Verdict
ECJ: fingerprints on personal information are legal
Common practice: Fingerprints are scanned for an ID card. photo
© Paul Zinken/dpa
Anyone who applies for a new identity card must now submit fingerprints to the office. The ECJ doesn’t see this as a problem – but it still gives the EU homework.
According to a ruling by the The European Court of Justice (ECJ) can be stored on identity cards. The highest European court in Luxembourg decided that private life and personal data would still be sufficiently protected.
However, the regulation that regulates storage is based on an incorrect legal basis. That’s why the judges declared it invalid. However, the regulation may still be in effect until December 31, 2026 at the most, so that the EU has enough time to issue a new regulation with the correct legal basis.
For more than two years, everyone in the Federal Republic has been required to have their fingerprints taken at the residents’ registration office when applying for a new identity card. Germany has thus implemented an EU regulation. According to the Federal Ministry of the Interior, the prints are only stored on the ID card itself, but not in a central database.
German complained about violation of fundamental rights
In a court in Wiesbaden, a German complained that he was not being issued a new identity card without fingerprints. The court referred the case to the ECJ. He should clarify whether storing two fingerprints violates the fundamental right to protection of personal data.
The judges denied that on Thursday. The fundamental rights to respect for private life and protection of personal data would be restricted. However, this is justified because it can combat the production of fake IDs and identity theft. It also allows EU citizens to more easily exercise their right to freedom of movement within the EU.
The old regulation remains in effect for the time being
However, the underlying regulation is based on the wrong legal basis, the judges said. This meant that the correct legislative procedure was not applied. Among other things, unanimity is needed among the EU countries. Therefore, the court declared the regulation invalid.
However, because this could have “serious negative consequences for a significant number of EU citizens and for their safety”, the regulation will remain in effect until a new regulation has been issued, according to the ruling. The judges set a deadline for this until December 31, 2026. The court in Wiesbaden must now decide on the specific case.