Fraternity Manuals

Identity document

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Image:Personalausweis-Deutschland (Vorderseite).jpg Image:Personalausweis-Deutschland (Rückseite).jpg An identity document is a piece of documentation designed to prove the identity of the person carrying it. Unlike other forms of documentation, which only have a single purpose such as authorizing bank transfers or proving membership of a library, an identity document simply asserts the bearer's identity. If an identity document is in the form of a small standard-sized card, such as an ISO 7810 card, it is called an identity card.

Identity cards can be controversial, as depending on the way they are used by government (under which circumstances they must be produced; whether/how information about use is stored on databases) can make government surveillance of citizens much easier.

Contents

Types of identity cards

Modern identity cards bear little resemblance to the original "photograph on piece of cardboard" and are often hi-tech smartcards which can be read by computer.

Where the identity card is issued by a state, it asserts a unique single civil identity for a person, thus defining that person's identity purely in relation to the state. New technologies allow identity cards to contain biometric information, such as photographs, face, hand or iris measurements, or fingerprints.

Other information typically present on the cards — or on the supporting database — includes full name, parents' names, address, profession, nationality in multinational states, and blood type.

Legal impact

Laws usually limit who is authorized to require an identification (for example limiting it to police, immigration officers etc), though practice usually broadens the range to many public and private entities: for example, a shopkeeper or cashier may request an ID document to be shown by a client paying with a credit card or cheque. Similarly, in circumstances where law enforcement can legally ask for identification, not being able to show an ID document, though legal, may result in being taken to a police station for further identification, depending on the jurisdictions. This can lead to functionality creep whereby carrying a card becomes de facto if not de jure compulsory.

In many cases, other forms of documentation such as a driver's license, passport, or Medicare card serve a similar function, identifying the bearer in a variety of contexts. However, possession of these documents is typically optional from a legal point of view.

Not carrying a required identity card can be beneficial for people who wish to avoid detection, such as innocent citizens who value their privacy. It may also help in some illegal dealings; for instance, in certain countries, the procedures for deporting illegal immigrants whose age, identity or nationality cannot be formally established are more complex than those for whom they can be readily asserted, giving the illegal immigrant more time to prepare his or her defense.

Arguments for and against identity cards

Argumentation about identity cards is largely limited to anglo-saxonic common-law countries. In most countries where an ID system is present, it is seen as a commonplace item that nobody argues about.

Especially in the USA and the United Kingdom, state-issued compulsory identity cards are a source of great controversy. Some people regard them as a gross infringement of privacy and civil liberties, whilst others regard them as uncontroversial.

Usually, mainstream criticism is actually directed towards possibilities of extensive abuse of identity documents; central databases with storage of sensitive data are especially feared. While such systems have been proposed in some countries, in most countries with identification documents they have not been implemented.

In favour

Supporters of identity cards argue that:

  • identity cards would be a useful administrative tool that will increase government efficiency and cut down on crime;
  • opposition to identity cards would be caused by the necessity of having "something to hide"; opponents counter that also law-abiding citizens can want information to remain confidential for various reasons (as a person trying to make their whereabouts unknown to a stalker);
  • if a state doesn't issue identity cards, private companies will require equivalent documents, such as a driver license, which are not properly suited for identity purposes;
  • crimes such as identity theft would be drastically reduced, and are indeed unknown in countries where identity cards are required to open a bank account.
  • law enforcers can discover people who suffer from dissociative identity disorder (e.g. Billy Milligan) when they found people claim their names which is not consistent with the name on their identity cards.

Against

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Economic and social liberals have a generally negative attitude towards identity cards,(as do non-liberals and people from a wide spectrum of political opinions) on the principle that if society already works adequately without them, they should not be imposed by government, on the principle that "the government that governs best, governs least". Some opponents have pointed out that extensive lobbying for identity cards has been undertaken, in countries without compulsory identity cards, by IT companies who will be likely to reap rich rewards in the event of an identity card scheme being implemented.

Very often, opposition to identity cards is born out of the suspicion that they will be used to track anyone's movements and private life, possibly endangering one's privacy; for instance, a person will probably not want others to know he or she is attending meetings with Alcoholics Anonymous. In countries currently using identity cards, there is no mechanism for this. However the proposed British ID card will involve a series of linked databases, to be managed by the private sector. Managing disparate linked systems with a range of institutions and any number of personnel having access to them is a potential security disaster in the making.[1]

Opponents have also argued that some nations require the card to be carried at all times. This is not necessarily impractical, as an ID is no more cumbersome than a credit card. However, opponents point out that a requirement to carry an identity card at all times can lead to arbitrary requests from card controllers (such as the police). Even where there is no legal requirement to carry the card, functionality creep could lead to de facto compulsion to carry.

Some opponents make comparisons with totalitarian governments, which issued identity cards to their populations, and used them oppressively.

Identity cards worldwide

Britain

Main article: British national identity card

Compulsory (non-photo) identity cards were first issued in the United Kingdom during World War I, and abandoned in 1919. They were re-introduced in World War II, but were abandoned seven years after the end of that war, in 1952, due to widespread public resentment culminating in a court case of Willcock v Muckle, where Clarence Henry Willcock refused to supply his card after being stopped by a policeman for a routine driving infraction. Although he lost the case, the court concurred with his view that identity cards had become inappropriate.

Nevertheless, several Home Secretaries have since proposed reintroducing identity cards, under various pretexts and, in 2003, the then Home Secretary David Blunkett stated that the British government intends to introduce a national identity card scheme based on biometric technology, together with a database to track the resident population, to be made compulsory by 2013. To that end, the Identity Cards Bill was introduced in the House of Commons on November 29, 2004; the bill failed as it was not passed before the UK general election, 2005, but was reintroduced soon after and (as of January 2006) continues to progress, though with increasingly smaller majorities in favor.

The Home Office argues the card will frustrate international terrorists, claiming that 35% of whom travel under a false identity. The government also claims the cards will help to prevent illegal immigration, "health tourism", benefit fraud and identity theft, and that biometric passports will make it easier for British citizens to travel to the US. However in August 2005 the minister concerned conceded that the Government had "oversold the advantages of identity cards".

Critics oppose the bill on the grounds of: civil liberties, spiralling costs; issues with the database and audit trail (unprecedended amounts of personal data linked by one number and tracked on every use of the card, an unwarranted invasion of privacy; potential for discrimination (stop and search already targets and marginalises ethnic minorities) despite government assurances to the contrary; inability to stop terrorism, illegal immigration, or identity theft (which could be aided by linking all the information to one number); the risks involved (eg. inconvenience of errors and mismatches, government history of IT failure). The Government's own Information Commissioner has said that the nation risks sleepwalking into a 'surveillance society' due to this and other planned.

11,369 people have signed a pledge stating that they will refuse to register for an identity card and donate 10 pounds to a legal defense fund if the Bill becomes law.

The TGWU has said that identity cards have the potential to become Labour's Poll Tax [2].

France

France has had a French national identity card since 1940, when it helped the Vichy autorities identify 76,000 for deportation as part of the Holocaust.

In the past, identity cards were compulsory, had to be updated each year in case of change of residence and were valid for 10 years, and its renewal required paying a tax. In addition to the face protograph, it included the family name, first names, date and place of birth, and the national identity number managed by the national INSEE registry, and which is also used as the national service registration number, as the Social Security account number for health and retirement benefits, for the access to the personal judiciary case, for taxes declarations.

Later, the laws were changed so that any official and certified document (even if expired and possibly unusable abroad) with a photograph and a name, issued by a public administration (or enterprise, such as railroad transportation cards, or student cards issued) can be used to prove one's identity (such as the European driver's licence, a passport, ...). Also, controls of identy by the law enforcement forces (police, gendarmerie) can now accept copies of these documents, provided that the original is presented within two weeks. Any of these documents must be treated equally to proove one's identity when accepting payments by checks, issuing a new credit (however credit cardsare now much more common and do not require such additional proof, as all French credit cards issued by banks include a processor requiring a four-digit code, the magnetic tape being almost never used).

The current identity cards are now issued free of charge, and non-compulsory. Legislation has been published for a proposed compulsory biometric card system, which has been widely criticised, including by the "National commission for computing and liberties" (Commission nationale de l’informatique et des libertés, CNIL), the national authority and regulator on computing systems and databases. Identity cards issued since 2004 now includes biometric information (a digitized fingerprint record, a numerically scanned photograph and a scanned signature) and various anti-fraud systems embedded within the plastic-covered card.

The next generation of the French green card, named "Carte Vitale", for the Social Security benefit (which already includes a chip and a magnetic tape with currently very few information) will include a numeric photograph and other personal medical information in addition to identity elements. It may then become a substitute for the National identity card.

United States

Main article: Identity documents in the United States

There is no true national identity card in the United States of America, in the sense that there is no federal agency with nationwide jurisdiction that directly issues such cards to all American citizens. All legislative attempts to create one have failed due to tenacious opposition from libertarian and conservative politicians, who regard the national identity card as the mark of a totalitarian society. Driver's licenses issued by the various states (along with special cards issued to non-drivers) are often used in lieu of a national identification card and are often required for boarding airline flights or entering office buildings. Recent (2005) federal legislation that tightened requirements for issuance of driver's licenses has been seen by both supporters and critics as bringing the United States much closer to a de facto national identity card system.

Hong Kong

See also Hong Kong Permanent Identity Cards

Hong Kong has a long history of identity document, from paper document to recently smart card. It has not yet aroused much controversy from its first issue.

Compulsory identity document was first issued in 1949, the year the establishment of People's Rupublic of China. The issue of identity documents was to halt large influx of refugees and control the border from mainland China to then-British colony Hong Kong. The exercise was completed in 1951. Although the registration was compulsory, it was not required to bring the document in public area.

The identity document was replaced by a typed identity card with fingerprint, photograph and stamp from 1960. Another replacement was taken in 1973 and new card was with photograph but no fingerprint. Stamp colour was to identify permanent residents from non-permanent.

From 24th October, 1980, it is compulsory to take the identity card in public area and produce it to a policeman when asked. This law was to halt waves of illegal immigrant to the city.

In 1983, the issue of identity card was digitalised to reduce forgery and from 2003 a smartcard embedded identity card replaced the old digital cards.

The issues of card is in general giving more desire effects than harms. It helps to reduce the crime rates in the region and provide fast access to mainland China and Macau.

Others

According to Privacy International, as of 1996, around 100 countries had compulsory identity cards. They also stated that "virtually no common law country has a card".

For the people of Western Sahara, pre-1975 Spanish cards are the main proof that they were Saharaui citizens as opposed to recent Moroccan colonists. They would be thus allowed to vote in an eventual self-determination referendum.

Some Basque nationalist organizations are issuing para-official identity cards (Euskal Nortasun Agiria) as a means to reject the nationality notions implied by Spanish and French compulsory documents. Then, they try to use the ENA instead of the official document.

Countries with compulsory identity cards

Image:ID-card-spain-(01).png Image:Jumin shenfenzheng.jpg The compulsory character may apply only after a certain age.

Note: the term "compulsory" may have different meanings and implications in different countries. Often, a ticket can be given for being found without one's identification document, or in some cases a person may even be detained until the identity is ascertained. In practice, random controls are rare, except in police states.

  • Argentina: Documento Nacional de Identidad. Issued at birth. Updated at 8 and 16 years old. Small booklet, dark green cardboard cover. The first page states the name, date and place of birth, along with a picture and right thumb print. It's a hand written form, and the newer models have a adhesive laminate for the first page. Next pages issue address changes, wish to donate organs, military service, and vote log. Half of the pages have the DNI (a unique number), perforated through the first half of the book. Prior to DNI was the Libreta Civica ("Civic booklet"), for women, and the Libreta de Enrolamiento ("Enrollment Booklet"), for men. A few years ago there was a big scandal with the electronic DNIs that were going to be manufactured by Siemens, and it was decided that no private corporation could control the issuing of national identity. The federal police also have an identity that is valid sometimes instead of the DNI, which many people prefer to carry because after the loss of DNI there is a long process (caused only by bureaucratic reasons) in which the person is limited in some situations which require the DNI. Random controls cannot be made without a judge's order, except in situations such as military border checkpoints.
  • Belgium: State Registry (in Dutch, French and German) (first issued at age 12, compulsory at 15)
  • Brazil: Carteira de Identidade. Compulsory to be issued and carried since the age of 18. It´s usually issued by each state´s Public Safety Secretary. There is a national standard, but each state can include minor differences. The front has a picture, right thumb print and signature. The verse has the unique number (RG, registro geral), expedition date, name of the person, name of the parents, place and date of birth, and other info. It´s green and plastified, a little larger than a credit card. Only recently the driver´s licence received the same legal status of an identity card in Brazil.
  • Chile: (Carnet de identidad; First issued at age 2 or 3, compulsory at 18)
  • China(mainland):(First issued at school age, compulsory at 16)
  • China(Hong Kong SAR) : Immigration Department (Children are required to obtain their first identity card at age 11, and must change to an adult identity card at age 18)
  • Estonia: id.ee (in Estonian), [3] (in English)
  • Germany: Personalausweis (in German) It is compulsory at age 16 to possess either a "Personalausweis" or a passport, but not to carry it. While police officers and some other officials have a right to demand to see one of those documents, the law does not state that you are obliged to submit the document at that very moment, but that you have to be able to submit it at all (bring it to the police station/municipal office the next day, or know where it is and can show it to the police at your home, etc.) You may only be fined if you do not possess an identity card or passport at all, if your document is expired or if you EXPLICITLY REFUSE to show ID to the police.
  • Indonesia: Kartu Tanda Penduduk (KTP)
  • Israel: Teudat Zehut (first issued at age 16, compulsory at 18)
  • Italy: Carta d'Identità
  • Malaysia: MyKad. Issued at age 12 and updated at 18.
  • Netherlands: Ministry of Justice and Ministry of the Interior and Kingdom Relations While it is not compulsory to possess an identity card, every person over 14 years of age must always carry, and be able to submit, identification (i.e., an identity card, passport, driver's licence or aliens' document).
  • Poland: Dowód osobisty (18 years)
  • Portugal: Bilhete de Identidade
  • Romania: Carte de identitate (14 years)
  • Singapore: National Registration Identity Card. It is compulsory for all citizens and permanent residents to apply for the card from age 15 onwards, and to re-register their cards for a replacement at age 30. It is not compulsory for bearers to hold the card at all times, nor are they compelled by law to show their cards to police officers conducting regular screening while on patrol, for instance. Failure to show any form of identification, however, may allow the police to detain suspicious individuals until relevant identification may be produced subsequently either in person or by proxy. The NRIC is also a required document for some government procedures, commercial transactions such as the opening of a bank account, or to gain entry to premises by surrendering or exchanging for an entry pass. Failure to produce the card may result in denied access to these premises or attainment of goods and services. Immigration & Checkpoints Authority
  • Slovenia: Osebna izkaznica compulsory at 18, can be issued to citizens under 18 on request by their parent or legal guardian.
  • Spain: Documento Nacional de Identidad (DNI) compulsory at 14, can be issued before if necessary (to travel to other European countries, for example).

Also Croatia, Egypt, Greece, Luxembourg, Portugal and Thailand.

Countries with non-compulsory identity cards or no identity cards

Austria, Canada ("Certificate of Canadian Citizenship"), Finland, France, Japan, the Netherlands, Sweden, and Switzerland have non-compulsory identity cards.

Denmark, Norway, the United States, the Republic of Ireland and Iceland have no official national identity cards.

Note: As noted above, certain countries do not have national ID cards, but have other official documents that play the same role in practice (e.g. driver's license for the United States). While a country may not make it de jure compulsory to own or carry an identity document, it may be de facto strongly recommended to do so in order to facilitate certain procedures.

Non-national identity cards

Some companies and government departments issue ID cards for security purposes, they may also be proof of a qualification. For example, all taxi drivers in the UK and Hong Kong carry ID cards.
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(Picture of proof-of-age ID card)

See also

External links

es:Cédula de identidad he:תעודת זהות nl:Legitimatiebewijs ja:身分証明書 pl:Dowód osobisty pt:Carteira de identidade sv:Legitimation zh:身分证

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