For the fight against crime
ECJ: Personal fingerprints are permissible
March 21, 2024, 11:34 a.m
Fingerprints on the identity card are mandatory. With this regulation, Germany is implementing an EU regulation. A German doesn’t like that, he goes to court. The European Court of Justice has now declared the standard to be permissible – primarily for law enforcement reasons.
The obligation to store fingerprints in the identity card is compatible with fundamental rights. The European Court of Justice (ECJ) explained that it does restrict the rights to respect for private life and the protection of personal data. But this is justified because counterfeiting and identity theft should be combated and EU countries can check each other’s documents.
The Wiesbaden Administrative Court consulted the ECJ because it had to decide on the case of a German who did not want to provide fingerprints for his new identity card. This has been mandatory in Germany since August 2021. Fingerprints are stored in the chip of ID cards. Like other EU member states, Germany implemented a European regulation.
The ECJ has now stated that the regulation can make a contribution to both protecting private life and the fight against crime and terrorism. It also makes it easier for EU citizens to travel and move within the European Union. According to the ruling, a portrait photo alone would be a less effective means of identification because faces change due to aging, illness or surgery.
The ECJ nevertheless declared the underlying EU regulation invalid because it was issued on an incorrect legal basis. A different legislative procedure should have been used, which envisaged unanimity in the Council. However, until a new regulation is issued, the effect of the previous regulation remains in force.
Declaring them invalid could have serious negative consequences for EU citizens and their security, the ECJ said. He gave politicians a deadline of the end of 2026 to issue a new regulation that puts the storage of fingerprints in ID cards on the correct legal basis.