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Federal Interior Minister Horst Seehofer's proposed general citizen number facing constitutional hurdles, suggests a legal opinion published by Funke media group's Sunday newspapers. The Scientific Service of the German Bundestag, in its 22-page paper, says the high intensity of intervention is questionable due to the uncertainties surrounding the potential changes of purpose and the safeguards of the proposed system.
The plans to use the tax identification number as a central number across 51 different registers have been scrutinized. Although it does not create an "unlawful, comprehensive 'super register,'" the legal opinion deems it problematic that the draft bill fails to explicitly prohibit the use of the identification number for creating personality profiles. This could Lead to an increased possibility and risk of profiling, even if unintentional or unauthorized.
The processing of the tax ID is not limited to identification for administrative purposes, leaving a gap in legal certainty as to whether other uses, including those in the private sector, are excluded. However, the Scientific Service acknowledges the objectives of streamlining administration, easing citizens' obligations, and preventing fraud as important goals.
Greens’ deputy faction leader Konstantin von Notz sharply criticized the Federal Ministry of the Interior's plans, urging the federal government to prioritize clear fundamental rights protection and legal certainty. He warns that continuing with the current strategy might endanger the project of digital administration, while acknowledging the need for modernizing the registers.
Ulrich Kelber, Federal Commissioner for Data Protection, also voiced doubts over the constitutional conformity of the uniform personal identification number. He advocates adopting Austria's approach, where databases are divided into sector-specific identification numbers to ensure privacy protections.
The right to free development of one's personality, protected under the Basic Law, and the Data Protection Regulation place immense emphasis on transparency and consent. Any comprehensive data collection system needs clear regulations to prevent misuse and ensure compliance with privacy laws, as the lack of such regulations can lead to legal challenges. Furthermore, profiling based on personal data should be carefully regulated to avoid discrimination and ensure equality.
Education and health-and-wellness could benefit from clear regulations regarding personal identification numbers, given the potential risks of unintentional or unauthorized profiling. For instance, therapies and treatments might require sensitive personal data, and it is crucial to ensure such data are handled ethically and transparently to uphold the right to free development of one's personality, as protected under the Basic Law and the Data Protection Regulation.
