2024-03-23 21:34:23
In the future, too, there will be no new ID cards without stored fingerprints. The ECJ rejected a corresponding lawsuit on Thursday.
The obligation to store fingerprints in the identity card is compatible with fundamental rights. The European Court of Justice (ECJ) said on Thursday in Luxembourg 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 had consulted the ECJ because it had to decide on the case of a former mayor from Hesse 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.
Fingerprints safer than ID photo
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. The ECJ had already decided in 2013 that storing fingerprints on passports was compatible with EU law.