A landlord or an employer asks for your ID card, and the question follows naturally: may the other side make a copy and keep it? The answer follows from the German ID card act and from general data protection law. This guide explains the rules, names typical situations and shows how to respond sensibly.
Short answer: Only the holder can photograph or copy the German ID card, or another person with the holder’s consent. Under section 20 of the ID card act, a copy must be clearly and permanently recognisable as a copy, and it may not be passed on to third parties. Whether a landlord or employer may request a copy also depends on data protection law. Last updated: November 2026.
Key points at a glance
- Photographing or copying the ID card requires the holder’s consent.
- The copy must be recognisable as a copy and may not be passed on to third parties.
- General data protection law continues to apply alongside the ID card act.
- Ask about the purpose before you agree to a copy.
- Refusing can have consequences in individual cases, so clarify the matter first.
What does section 20 of the ID card act regulate?
The provision governs how the card may be used as proof of identity and under which conditions it may be copied. The version consolidated on the federal law site applies from 23 July 2026. It is based on the act of 16 July 2026 (Federal Law Gazette 2026 I No. 213). The amendment concerns aviation companies and does not change the rules on copies.
For your question, the second paragraph matters most. According to the version on that site, the following applies:
- The card may only be photographed by the holder or with the holder’s consent.
- The copy must be clearly and permanently recognisable as a copy.
- Other persons may not pass the copy on to third parties.
- If personal data is collected or processed by photographing the card, the holder’s consent is required.
- General data protection law remains unaffected.
May a landlord make a copy?
When you apply for a flat, the ID card is often requested. The provision, however, presupposes that you consent. Without your consent nobody may photograph the card. With consent, the question remains whether the copy is necessary for the purpose. General data protection law applies to that question, alongside the ID card act.
Ask specifically what the copy is for, how long it will be kept and who has access to it. Sometimes the purpose can also be served by showing the card and noting the necessary details yourself. Whether that is enough depends on the circumstances, so it is worth asking the question explicitly.
What about employers?
At work, the ID card is also often checked at the start. A copy for the personnel file is a different matter from simply showing the card. What matters is whether the purpose requires storage and whether you have consented. Ask about the legal basis before you sign a form that provides for a copy.
If something is unclear, the personnel department can give information. Larger companies often have a data protection officer whom you can contact as well. A question rarely causes harm and shows that you know your rights.
An everyday example
Imagine you apply for a flat and the landlord asks you to send your ID card and proof of income as photos. Before you do so, ask whether the purpose requires a copy or whether showing the document at the viewing is enough. If you send photos, choose a route that protects the files and delete them as soon as they are no longer needed. The purpose determines how much you disclose, not the question of what would be convenient.
Checklist: how to respond correctly
| Situation | What you can do |
|---|---|
| A copy is requested | Ask about the purpose, the retention period and the recipients |
| The card is photographed without asking | Object in writing and request information about the processing |
| The copy is to go to third parties | Check the passing on, because third parties may not pass the copy on under the provision |
| The purpose remains unclear | Agree only once the purpose is comprehensible |
Frequently asked questions
May I make a copy of my own ID card?
Yes, the holder may photograph the card. The copy must, however, be clearly recognisable as a copy and should not lie around unprotected. Store it as you would store other sensitive documents, and delete it once you no longer need it.
May I state my card number?
The serial number is particularly protected. According to the third paragraph, non-public bodies may not use serial numbers in a way that makes automated retrieval or linking of files possible. Give it only where a specific purpose clearly requires it.
Does this also apply to public authorities?
Public bodies follow their own rules. They may read chip data for identity checks only on a statutory basis and with consent. Whether a copy is permitted depends on the procedure in question. When in doubt, ask the responsible office for the legal basis.
What can I do if my copy has been misused?
Document who received the copy and how it was used. Request information and, once the purpose has lapsed, erasure. The guide Right to erasure: How to have data removed from online services (in German) explains how erasure works.
Do I have to show my ID card to the landlord at all?
The card serves as proof of identity. Whether and to what extent a check is requested depends on the specific process. You do not have to accept every additional demand just because it is made. If in doubt, obtain information before you sign anything.
What about copies sent by email or messenger?
A copy you send by email or messenger leaves your sphere of control. Ask whether there is a protected transmission route. This matters especially for documents with many details, because all of the data can be fully visible on a single photo.
Can I refuse a copy when I am only applying?
An application does not yet create a contract, and you do not have to send every document at once. You can first ask about the purpose and decide afterwards. Whoever requests a copy should be able to name the reason. If it remains unclear, holding back is understandable.
How to proceed now
- Ask about the purpose of the copy and the retention period.
- Give consent only if the purpose is comprehensible to you.
- Ask who has access and where the copy will be stored.
- Have the erasure confirmed in writing once the purpose has lapsed.
Related reading
- Digital rights in everyday life: An overview for students (in German)
- Right to erasure: How to have data removed from online services (in German)
- Damages after a data protection breach (in German)
- Check app permissions: Which access an app really needs (in German)
Sources: Federal law consolidated (buzer.de): Personalausweisgesetz, section 20, version from 23.07.2026.
Last updated: November 2026. This guide is general information, not individual advice.
