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Can a company ask for a copy of your identity card?

The second-hand clothing trading site Vinted sometimes asks those that use it to provide identification in the form of a copy of their electronic identity card. Some retailers such as the electronics store Mediamarkt ask customers for their electronic identity card when they make purchases. But are they allowed to do this and is it not dangerous for you to share the information contained on your electronic identity card with a third party? The VRT’s consumer affairs team looked into this with the help of the lawyer and privacy expert Magali Feys.Electronic ID cars as a customer loyalty card.

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Marieke regularly sells items of clothing on Vinted. She told the VRT that “Recently I had sold some motorcycling clothes with a value of 234 euro. I asked Vinted to pay me and was asked to provided identification. I had to provide a valid document, preferably my identity card. If I didn’t, I wouldn’t get my money".

A company is allowed to check your identity

Vinted says that it isn’t doing anything that is against the law. “For payments in Belgium we use Mangopay as a partner. To ensure security that company follows the “Know Your Customer” (KYC) procedure. This is used to check a person’s identity. The company is legally obliged to follow this procedure. The aim is to ensure that customers trade honestly and legally. We don’t save the data and we don’t even have access to it”.

Lawyer Magali Feys confirms that companies are within their rights to carry out identity checks if payments are made. However, requesting a copy of the whole of a person’s identity card is out of proportion. For example, they don’t need your national registration number. So just make a copy of the front side of your identity card where that number doesn’t usually appear”. 

Electronic ID cars as a customer loyalty card

Some shops use people’s ID cards as a customer loyalty card. “This is allowed, but only if the customer gives their permission. If you don’t wish for your identity card to be used in this way the shop will have to find an alternative. A shop may never oblige you to allow your electronic ID card to be read in order to receive a special or promotional offer”.  

Is it dangerous to share the information on your electronic ID card?

The most important information on your electronic identity card id your national registration number. This number is unique and is linked to the National Register. The National Register contains information about who you are, where you live, what you profession is,…Not everyone can look up information in the national register. “You have to have been given explicit authority to do so by the Federal Interior Ministry. Many companies don’t have this”.  

Which information is contained on an electronic identity card?

·        Surname and first names

·        Place of birth and date of birth

·        Sex

·        Nationality

·        Place of residence

·        Place and date of death or in the case of a declaration of absence the date on which the decision regarding the declaration of absence was made.

·        Profession

·        Marital status

·        The composition of the household

·        The register on which the person in question is enrolled.

·        The administrative status of asylum seekers.

·        The residency status of foreigners.

Magali Feys warns that if someone has your electronic ID card and your name they could potentially commit identity fraud. This person would have all they need to do things using your name or to gain access to sensitive information. They could, for example, gain access to medical details from your doctor. So always be cautious about what information you share with who. 

Tips to ensure security and privacy

·        If a company asks to see your electronic ID card in order to check your identity, you can propose using a different document such as your driving licence or student ID. If you do have to use your electronic identity card, ensure that your national registration number is not visible.

·        You can refuse to use your identity card as a customer loyalty card. Shops must offer an alternative.

·        The Dutch authorities have developed an app with which you can put a watermark on the copy of you ID. The app is handy and can be used here in Belgium too.  The information is only available in Dutch. 

If you feel that certain practices are unacceptable you can always complain to data protection authority. 

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