ID cards may only be retained in exceptional circumstances

Hotels have no right to claim ID cards as collateral – pointed out the Inspector General.

With regard to the increasingly common practice of claiming ID cards as collateral, the Inspector General for Personal Data Protection, Michał Serzycki, reminds that pursuant to Article 33 of the Act of 10 April 1974 on population records and identity cards, ID cards may only be withheld in the circumstances specified therein. Withholding the ID card of another is an offense punishable by restriction of liberty of up to 1 months or by a fine (cf. Article 55 pt 2 of the abovementioned act).

Article 18 section 1 of the Act on population records and identity cards stipulates that a person arriving at a holiday resort, boarding house, hotel or motel is obliged to register for temporary stay within 24 hours of arrival. The Act also specifies which data may be collected for registration purposes. Such data comprises: name, surname, parents’ names, date and place of birth, permanent address, date of arrival and planned duration of stay, serial number of identity card and the authority which issued the latter. Article 9 section 1 of the Act does stipulate that during the registration, ID card or, in certain circumstances, other document allowing to ascertain the identity, is to be presented. However, as GIODO underlined, “to present” does not equal “to withhold”.

Hence, in a letter addressed recently to the Polish Chamber of Hotel Industry, GIODO indicated that “the collection of personal data should not be identified with withholding ID cards for registration purposes.”