European Court: ID decision

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The European Commission on Human Rights concluded that the Belgian mandatory identification is, in view of the data registered on the identity card, not a violation of article 8 ECRM. Nor does it restrict the freedom of movement or violate article 5(1)(b) ECRM. Only Belgium, Denmark, Greece, Portugal and Spain oblige their citizens to carry a mandatory identification cards. A Belgian citizen took a case to the court for violation of article 8 (respect for private life). The Commission said that since the card only contains information on a person's name, sex, date and place of birth, address and (possibly) the spouse's name, this does not affect private life. They could view that question differently if the card contained a registration number or a similar identifying code. Since the German and Danish cards and the future Dutch and Irish cards contain such identifying numbers or codes this could mean that an appeal would be admissible.

European Commission of Human Rights 9 IX 1992: Case of Reyntjens against Belgium (16810/90)

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