Who can ask for copies of your passport and NIE?

Key rules

• Showing vs copying: Showing your ID is normal, but a copy needs a clear reason.
• Right to ask: You can ask why a copy is needed and how long it will be kept, and refuse if there is no good answer.
• Legal duty: Banks, hotels, notaries, public bodies and employers can keep copies because the law requires it.
• Purpose note: Writing the purpose and date across a copy makes reuse harder.

The short answer

Showing your ID is normal. Handing over a copy is only reasonable when the person has a clear reason to keep it. Most private parties only need to see your passport or NIE and note the data they need. Keeping a copy by routine is generally seen as excessive.

When a copy is reasonable

Landlords and agencies. They can ask for your identity details to draw up a lease. They may keep a copy if you agree or the contract needs it. They must tell you why they keep it and store it securely.

Employers. They need your identity data for your contract and Social Security registration. They can keep it, because the law requires them to.

Bodies with a legal duty to keep copies:

• Banks and similar companies covered by anti-money-laundering rules. They must keep identification documents for ten years.
• Hotels and other lodging providers, which must register traveller data.
• Notaries and registrars.
• Public administrations, in the procedures you start with them.
• Phone companies, when you sign up for a line.

The scope and retention time differ for each of these.

Police can ask you to show your ID. They do not usually keep a copy.

How to limit misuse

1. Ask first. Ask why they need the copy and how long they will keep it. If they cannot justify it, you can refuse.
2. Write a purpose note across the copy. For example: "Copy only for rental of [address], date". This makes reuse for something else harder.
3. Add a watermark. This is good practice, not a legal requirement.
4. Mask what they do not need. Cover the photo, support number or signature if the purpose does not require them.
5. Use secure channels. Avoid sending ID by ordinary messaging or unprotected email where you can.
6. Keep copies to a minimum. The fewer copies you hand out, the fewer can leak.

If someone keeps your copy without a good reason

You can write to whoever holds it, called the data controller. Ask to see what they hold, correct it, or have it erased. If they ignore you, you can complain to the data protection authority (AEPD). If you think your identity has been stolen, report it to the police.

The documents and FAQ below list what to carry and answer common cases.

Documents you need

• Passport or NIE, to show for checking identity. Most private parties only need to see it and note the data they need.

• A copy of your passport or NIE, only where there is a clear reason. This covers a lease, a job contract and Social Security registration, a bank account, a hotel stay or a phone line. Give it with a purpose note written across it.

Frequently asked questions

Can a landlord keep a copy of my passport or NIE?

Often yes, but only with a clear reason. Your consent or the needs of the contract are what make it allowed. Ask what the copy is for before you hand it over.

Which places are allowed to keep a copy without asking me?

Banks must keep your ID for ten years under anti-money-laundering rules. Hotels must register traveller data. Notaries, registrars, public offices, employers (for contracts and Social Security) and phone companies signing you up also have a legal basis. Police may ask to see your ID but generally do not keep copies.

What can I do if someone refuses to explain why they need my copy?

Ask why they need it and how long they will keep it, and refuse if there is no good reason. If you already handed one over, write to the company asking to see, correct or delete it.

How do I make a copy harder to misuse?

Write across it what it is for, for example "Copy only for rental of this flat, with the date", and add a watermark. Cover details they do not need, such as the photo, support number or signature. Send it only by secure channels, and report identity theft to the police.