Identity Card Act

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Basic data
Title: Law on identity cards and electronic proof of identity
Short title: Identity Card Act
Previous title: Identity Cards Act
Abbreviation: PAuswG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law
References : 210-6
Original version from: December 19, 1950
( Federal Law Gazette p. 807 )
Entry into force on: January 1, 1951
New announcement from: April 21, 1986
( BGBl. I p. 548 )
Last revision from: June 18, 2009
( BGBl. I p. 1346 )
Entry into force of the
new version on:
November 1, 2010
Last change by: Art. 80 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1337 )
Effective date of the
last change:
June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Personalausweisgesetz (PAuswG) in Germany regulates the identification requirement ( § 1 ) and the content ( § 5 ) of ID cards , their period of validity ( § 6 ), the maintenance of ID card registers ( §§ 23 to 26 ) and the use of ID data .

In § 1 statuierte - basically applies from the age of 16 - ID required is the requirement to hold an identity card or passport . It is to be distinguished from an obligation to carry an identity card , which does not exist in the Federal Republic of Germany.

Anyone who fails to present his ID at the request of an "authority authorized to establish identity" ( § 1 Paragraph 1 Sentence 2) is acting in accordance with § 32 para. 1 no. 2 PAuswG illegal; the refusal or false disclosure of personal details to a competent body is an administrative offense according to § 111 OWiG .

According to the police or security and regulatory laws of the federal states, under certain circumstances (in connection with danger or the commission of criminal offenses), the identity of a person may be determined ( identity determination ). If the identity of a person cannot be determined in any other way or only with considerable difficulty, law enforcement officers may also detain the person concerned or take them to the office and search them and the things they have carried with them for the purpose of establishing their identity.

With the Article Act on the Fight against Terrorism of 9 January 2002, biometric features may also be included. Since November 1, 2007, the fingerprints of the right and left index finger are also stored in the passport . A legislative proposal to delete , among other things, the (voluntary) indication of the doctoral degree in the identity card, failed in 2007.

Concretizations of the regulations contained in the law can also be found in the ID Card Ordinance (PAuswV) and ID Card Fees Ordinance (PAuswGebV).

With the entry into force of the new version of the Identity Card Act on November 1, 2010, several changes were made to the new electronic identity card. According to Section 1 (1) sentence 3 PAuswG, the holder of the ID card may no longer be required to deposit the ID card as security or to give it away for other reasons. In addition, according to Section 27 (2) PAuswG , the card holder is responsible for protecting his secret number from misuse.

ID cards are the property of the Federal Republic of Germany.


Web links

Individual evidence

  1. Page no longer available , search in web archives: Declaration on the execution of the anti- terrorism law 2002 (PDF; 6 kB)@1@ 2Template: Dead Link /
  2. ^ Ordinance on fees for identity cards and electronic proof of identity