As a result, you can save the files in the driver's license. However, precautions must be taken so that after the purpose has been fulfilled, the files are deleted as well.
- The storage of information on a driver's license - without a photograph - is at first permitted without further ado according to art. 6 para. 1 sentence 1 lit. c of the GDPR. Consequently, you are (under German law) on the basis of § 21 para. 1 clause 2 StVG obliged to check the validity of the driver's license. Therefore, data processing is required to fulfill a legal obligation that you are subject to.
- In principle, the above explanations also apply with regard to the driving license image file. However, it should be kept in mind that it may also be possible to obtain sensitive data from images, e.g. Tattoos (for example, political opinions), skin color or if a person e.g. wear glasses (sensitive health data). As far as such information is concerned, it requires a special legal justification.
This justification is in our opinion according to Art. 9 para. 2 lit. f of the GDPR recognizing that the processing of sensitive personal data is permitted when the processing is required to assert, pursue or defend legal claims. The scope of the provision has already been opened in pre-litigation processing.
If there are insurance or even criminal claims / procedures, we support the opinion that a clear assignment of a driver is only possible on the availability of his driving license photo. Consequently, the person concerned has to accept that his image is stored in your database. In fact, as far as this is observable, there is no case law, so that further developments in this connection should be kept in mind.
- Regardless of the above, it goes without saying that the storage of the image file can be guaranteed by means of a corresponding declaration of consent in your contracts. Are you considering using this for the future? We are happy to assist you in formulating the declaration.
- To avoid misunderstandings: The image may only be stored as long as the storage purpose (avoidance of insurance or criminal consequences) exists. If this condition is no longer given, for example after the end of the contract (or a reasonable time thereafter), the stored files must be deleted. - In this respect, we could imagine a three-year storage period after the end of the contract - as three years are the limitation period for offenses under § 21 StVG, i. From a criminal point of view, you would then have nothing to fear.
This clearly explains that you are allowed to save the FSK image file as long as there is a purpose. The storage purpose is given up to 3 years after termination of the employee / employer relationship.
If you wish we can also send you an agreement on order data processing (ADV).