This practice can even have certain consequences.
You’ve probably already been asked this one day when you were shopping, to reserve an activity or a room in a bar, or even to borrow a product from a merchant. This is a fairly common practice, and most people even tend to give their consent spontaneously. However, that doesn’t mean it’s legal. This is the case with this method which is generally used by merchants as a guarantee of security, namely the fact of requiring and keeping a customer’s identity document as a guarantee.
In principle, French law only allows merchants to verify the identity of their customers when they pay by check. “The monetary and financial code requires people handing over a check in payment to prove their identity with an official document including their photograph”, indicates the National Commission for Information Technology and Liberties in a frequently asked questions on its site. However, merchants have no right to request identification (ID card, driving license or passport) in any other context. The Commission also assures our colleagues in the Voice of the North : “The CNIL is not aware of any provisions which would allow a trader to “confiscate” documents such as an identity document.”
Especially since this practice carries certain risks, starting with identity theft. If your document is scanned or photographed, it could fall into the wrong hands and be used to make a purchase, apply for a bank loan or take certain steps. Likewise, if your ID is kept for a certain period of time, it may be inadvertently returned to the wrong person.
Remember that only law enforcement, police and gendarmerie, have the power to request your identity when they carry out an identity check, details the Public Service website. Furthermore, your identity document may be requested and withheld if you visit a so-called sensitive location such as a military base, a nuclear power plant, etc. “The organization must keep a record of the identity of the visitor, the reason for the visit and the date/time of the visit”underlines the Ministry of the Armed Forces in the order of March 15, 2021.