Lawyer Files Suit to Remove Some Info from ID Card 換發無父母姓名身分證遭拒 律師不服提訴

A lawyer previously filed an administrative lawsuit after his request to remove the names of his parents and spouse and military service status from his national identification card was rejected. The Taipei High Administrative Court ruled in his favor on June 8. However, the Ministry of the Interior said it cannot accept this ruling and will appeal.


A lawyer named Chen Hung-chi previously applied for a new national identification card at the household registration office in Taipei's Wenshan District, and requested a card without the names of his parents and spouse and military service status. His request was rejected, and he decided to file an administrative lawsuit. The Taipei High Administrative Court ruled that the requirement that ID cards include the names of parents and spouses and military service status is inconsistent with the intent of the Household Registration Act, and ordered the household registration office to issue a card without this information. In response, the Ministry of the Interior said it cannot accept the ruling and will appeal.

Lin Ching-chi, Director, Dept. of Household Registration, MOI: “We of course cannot accept this ruling. That's very clear. First of all, the national identification card is not for publicly showing to others. It's used to prove one's identity. You can't prove your identity with just your ID card number and name, because you have to look at the relationships to determine whether this person is you. The view of the Ministry of the Interior and local household registration offices is the same, and we will appeal.”

The MOI said the government-issued ID card is an important way to prove one's identity and enjoys high public credibility. If people are allowed to choose what information they want to show, the different versions could result in confusion when interpreting the data and seriously affect the credibility. Legislators had different views on this issue.

William Tsengk, Legislator (KMT): “The overarching direction is that you need to include the names of parents and spouse. However, household registration offices may authorize exceptions due to special circumstances, exceedingly special circumstances.”

Cheng Yun-peng, Legislator (DPP): “The information on ID cards must be relevant. I think, based on current views, it's primarily to provide personal information. The less other information such parents' names there is, the better.”

Digital ID cards were supposed to be launched in 2021, but the plan was halted due to concerns about personal information leakage. It won't be relaunched until after the Executive Yuan passes a dedicated law. The MOI's Department of Household Registration says the law is still being discussed and an organization dedicated to information security may have to be established in the future before it can progress.
 

 

 


律師陳宏奇赴台北市文山區戶政事務所換發不含父母、配偶姓名及役別等欄位的身分證被拒絕,他不服提行政訴訟。台北高等行政法院認定,身分證登載父母、配偶姓名及役別,不符戶籍法授權意旨,判戶政事務所應核發不含這些資訊的身分證。內政部表示不能接受這個判決,將提上訴。

內政部戶政司司長林清淇表示:「這個判決,當然我們不能接受,這是非常清楚。」林清淇認為,身分證不是拿來公布給別人看,身分證是拿來證明自己身分的,證明身分不是只有拿自己的身分證字號跟名字就可以證明,因為它要從關聯性來看是不是本人,「這個案子內政部當然會跟地方戶所會一致,我們會主張還是要求一定要上訴。」

內政部認為,身分證為政府核發重要身分證明,具有高度公信力,若民眾自行選擇欄位,不同版本恐造成資料判讀混淆,嚴重影響公信力。關於身分證上該不該放上父母、配偶等欄位,藍綠立委看法不一。

國民黨立委曾銘宗表示:「大方向還是需要登錄父母的姓名跟配偶欄,但是假設有特殊的情況,極為特殊的情況,經過戶政機關的核准可以例外。」

民進黨立委鄭運鵬則認為:「在身分證上的認定跟該提供那些資料才有意義,以我們現在的觀念來看,是提供個人的資訊為主,其他包含自己的家長等其他資訊,其實應該是愈少愈好才對。」

原訂去年推動的數位身分證,因個資外洩疑慮緊急喊卡,目前待行政院核定專法後再推動,林清淇表示,由於各界對資安有疑慮,還在法律研議與處理中,未來可能要設立資訊安全的專責機構,才有辦法往下進行。
 

全台敬老金大調查

相關新聞