ECJ: Fingerprints on ID Cards Are Legal

Apr 5, 2024 Benn-Ibler Rechtsanwälte

Fingerprints can continue to be included on ID cards. This has been decided by the European Court of Justice (hereinafter ECJ). The encroachment on fundamental rights is justified.

In 2021, a man applied to the German city of Wiesbaden for a new ID card, but did not have his fingerprints taken. The city of Wiesbaden rejected his application. Since 2 August 2021, pursuant to Section 5(9) of the German Personal ID Card Act (PAuswG), which implements Article 3(5) of Regulation 2019/1157, the storage medium of ID cards must contain two fingerprints. The man then brought an action before the competent German administrative court against the rejection of his application. He sought an order requiring the city of Wiesbaden to issue him with an identity card without his fingerprints.

The administrative court referred the case to the ECJ. The aim was to clarify whether the storing of fingerprints violated the fundamental right to the protection of personal data.

The ECJ ruled as follows:

This interference is justifiable although it would restrict the fundamental rights to respect for private life and protection of personal data.

Storing fingerprints makes it easier to combat forging and identity theft.

In addition, sufficient safeguards are in place to minimise the risk of misuse of the fingerprints. Also, the data may not be used in other databases. However, the authorities taking the fingerprints may only store them for a maximum of 90 days.

The regulation on which this German law is based has now been annulled by the ECJ. The regulation was adopted under the wrong legislative procedure because EU legislators used the wrong legal basis. However, until a replacement regulation is adopted, the regulation will continue to apply.

ECJ, C‑61/22 (21 March 2024)