If we comply with new EU law, we will have to go to the municipality twice, there will be no possibility to apply online.
The current public consultation of the government bill amending the Personal Evidence Act and some other laws is dictated by the need to adapt the provisions of the Act to 6 August 2010 of personal evidence to Regulation (EU) 2019/1157 to 20 June 2019 on improving the security of identity documents of Union citizens and residence permits issued to Union citizens and members of their families exercising their right of free movement (hereinafter referred to as ‘the right of free movement’).Regulation (EU) 2019/1157”.
All Member States of the European Union are required to implement new models of identity cards by August 2021 According to the Ministry of the Interior and Administration, “independence on changes involving the adaptation of the provisions of the Personal Evidence Act to Regulation (EU) 2019/1157, The draft law provides for changes resulting from experience with the application of the Personal Evidence Act.
These changes are a response to problems raised by citizens and municipal authorities." Although the draft is only passing the government's legislative path, the transposition of the provisions of the EU Regulation does not allow it to be repealed unless it leaves the issue to the Member States to regulate.
Although the proposal is only passing the government's legislative path, the transposition of the EU regulation does not allow it to depart from its provisions unless it leaves the issue to be regulated by Member States.
two type of biometric data
According to the government project, new IDs will contain two types of biometric data, it will be a face image, as yet, and a fingerprint. The fingerprint data will be included in the electronic identity card layer.
With the submission of the application, the biometric fingerprint will be stored in the Register of Personal Evidence (hereinafter ‘RDO’).
Already today, the authorities of prosecutors, police authorities, the Chief of Military Intelligence Service, the Head of the Internal Security Agency or the Head of the Central Anti-corruption Office have access to biometric data from the RDO.
However, it should be noted that fingerprint biometric data are particularly protected personal data, and the draft amending act provides that the data will be stored in the RDO until the date of receipt of the identity card, but no longer than until 90 days from the date of issue of the identity card.
Mandatory holder signature
The bill also restores the obligation to include in the graphic layer the identity card of its holder. It will therefore not be possible to apply online for an identity card, and this means that we will have to visit the municipal office twice in order to handle the matter. Persons unable to go to the municipal office to sign and give their fingerprints will be able to use a mobile station operated by officials.
Evidence for children
Personal evidence from 12 the monthly expiry date, issued to persons above 12 the year of life which is temporarily physically impossible to collect fingerprints of any of the fingers (this will not apply to children who have not completed 12 years of age from which fingerprints will not be collected).
Modification of expiry dates
Personal IDs will also change. Currently a personal ID issued to a person who has not completed 5 year of age, is valid for a period 5 years after the date of issue of such proof, and the identity card issued to the person who completed 5 year of age, is valid for a period of 10 years from the date of issue of the identity card.
According to the draft, the identity card to be issued to a person who has not completed 12 year of age, will be valid for a period 5 years from the date of its issue, and the validity of the identity card of the person who completed 12 years will be valid for a period 10 years from the date of issue.
Possible receipt of evidence by proxy
one from the requests of municipal authorities were a change in the receipt of the identity card by attorneys.
Currently, receipt of an identity card by a proxy (the applicant cannot personally collect the identity card due to illness, disability or any other insurmountable obstacle which arose after the date of the application) requires only the identification of such a mandate.
Therefore, the employees of the municipality often reported that they were unable to document the issue of an identity card to a duly empowered person. The draft amending act assumes that the possibility of receipt of an identity card by a proxy will require a power of attorney.
It should be noted that the registration of the power of attorney does not involve any additional fees, whereas the submission of a document stating the power of attorney or its copy, or a copy, in a public administration case is subject to a tax fee of 17 PLN.
On the basis of the draft transitional provisions, all evidence issued before the date of entry into force of the proposed law shall remain valid until the expiry of the time limits specified therein. Exchange of IDs will be natural. This process will end in 2031 An application for an identity card on old rules, including electronically, may be submitted to 26 July 2021