Is there an ID requirement in Austria? - Passing on identification to the police
Is there an ID requirement in Austria? - Personal identification with the police
Is there an ID requirement in Austria? Do I always have to show my ID? Can the police always ask for my ID? Can I refuse to provide ID? What happens if I refuse them? What if I was arrested because I didn't want to/couldn't show my ID? Can I do something against an illegal identification card? can i complain
There are only a few reasons in Austria for which the police can legally demand an ID card. Despite this, the police keep asking for ID. The police are always happy to do this, especially for people who are not from Austria.
What is the legal situation? When can the police really ask for ID?
What is an ID check?
Identification means that a person proves their identity with the help of a photo ID or similar. If there is a suspicion of a criminal act, the police is allowed to check your identity. For this you have to show your ID. If you do not have ID with you, the police can take you to the police station to carry out an identity check.
Do I always have to carry ID with me?
In Austria, there is no identification requirement. That means you don't have to carry an ID with you (exception: driver's license when driving a car).
EU citizens must carry a passport and third-country nationals must be able to show proof of identity (e.g. residence card).
However, this does not mean that the police can ask for ID at any time. There are strict legal regulations that the police must comply with.
When are the police allowed to check my identity?
The police must not arbitrarily ask for your ID card or establish your identity. The Security Police Act (§ 35 SPG) clearly stipulates when the police may request your ID card:
- If there is a suspicion that you have been part of or witnessed a dangerous act.
- If an illegal act has recently taken place at the place you're currently in or a criminal offense has been committed (whereby only an accumulation of criminal offenses in a certain place is not sufficient to check identity cards).
- If you are in an emergency situation and identification is required.
Other reasons can also be: Establishing the identity of a missing minor, a mentally ill person, an escaped prisoner, etc.
Identification is required at borders and airports in Austria.
What can I do against an unsounded identification request?
What do I do if I suspect that the police check was carried out illegally?
1. Secure evidence: Make a video of the official act. (Can I film the police?)
Take precise notes. Write down contact details of any witnesses.
2. Get in touch with us: Contact.We can review your case closely and free of charge and outline your next steps.
3. We make a complaint about measures: This is very important so that such abuse by the police does not happen again. The costs of this complaint must also be borne by the authority, so there is no financial risk on your part.
Can I also refuse to provide identification?
Yes. You can refuse an ID card from the police, especially if there is no reason to do so. However, the police will then want to take you to the police station to establish your identity. Stay friendly and give us a call: 436507283562.
Help! I was arrested by the police for refusing to provide identification. What do I do now?
The most important thing is to Keep calm and be friendly.
If you are still at the police station:
Contact us immediately by phone: 436507283562. We will advise you and, if necessary, can also send someone over right away.
If you are no longer at the police station:
Contact us via WhatsApp: 436507283562 or simply use the contact form at the end of this article. Describe in detail what happened and send pictures and/or videos at the same time.
We will get back to you as soon as possible and discuss how to proceed.
Dr Klammer can help you with any concerns related to this topic
Have you or someone you know experienced something similar?
You can use the contact form below to get in touch with us and tell us about your situation. Dr Klammer and his team will examine the matter and get in touch with you about how to proceed.
If you would like to speak to us personally, we are happy to offer you an initial consultation at our usual rate (EUR 150.00), in which we will inform you professionally for up to one hour about the possibilities and also lay the foundation for a representation in one process arising out of this matter.
Simply make an appointment for this at 06507283562 / office@anwaltklammer.com
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