Guide to the Electronic Identity Card and SPID

One of the new means of monitoring citizens is the electronic identity card (CIE), which in many municipalities is presented as the only option, given the refusal of officials to issue the old paper identity card. In this brief guide, we seek to understand how the CIE works, what to do to avoid having one issued, and how to limit the damage.

First of all, it is worth remembering that under Article 35 of Presidential Decree (DPR) 445/2000 an identity card is not a mandatory document. It can be replaced by a range of other documents, which are: a passport, driving licence, boating licence, pension booklet, heating plant operator's licence, firearms licence, and identification cards bearing a photograph and a stamp issued by a State administration.
Furthermore, pursuant to Article 45 of DPR 445/2000, expired documents remain valid and may still be used. Anyone holding an expired identity document may use it as proof of the status, personal attributes, and facts contained therein by attaching a photocopy of the document, underneath which the following statement can be written and signed: “Pursuant to and for the purposes of Article 45 of DPR 445/2000, it is hereby declared that the status, personal attributes, and facts contained in the document copied above have undergone no changes since the date of issue.”
Naturally, this does not apply if the document must be used for travel abroad. In this case, a valid, in-date identity card is required.

How to avoid the issuance of a CIE

In certain cases, but only until 3 August 2026, municipalities are obliged to issue the old paper identity card. These concern the following circumstances:

-    health reasons preventing the individual from travelling to municipal offices;
-    imminent travel abroad;
-    an imminent medical examination for disability assessment;
-    imminent participation in public recruitment competitions;
-    elections or referendums.

Therefore, anyone who finds themselves in such a situation may request the issuance of the paper document on the spot.

What data the CIE must mandatorily contain

The holder and applicant of the CIE retains a high degree of control over the content of the CIE and over the information provided to the issuing authority. In fact, pursuant to Article 66, paragraphs 3 and 4, of Legislative Decree 82/2005, there are mandatory data and optional data that the applicant may choose not to have included in the CIE.

Mandatory data
- the individual's identifying details, namely name, surname, place and date of birth
- the tax code (codice fiscale)

Optional data, at the request of the data subject
- blood group,
- choice regarding organ donation,
- biometric data (fingerprints), excluding, in any event, DNA,
- telephone numbers,
- email addresses.

Please note: The official responsible for issuing the CIE might tell you that, pursuant to the Ministerial Decree of 8 September 2022, the Ministerial Decree of 23 December 2015, or Article 3 of the TULPS (Consolidated Law on Public Security), providing biometric data is mandatory. This is false. The statutory provision governing the CIE (Article 66, paragraphs 3 and 4, of Legislative Decree 82/2005) only provides for the mandatory data indicated above; it is therefore lawful to WITHHOLD CONSENT for the other data. However, in this case, the identity card will be issued as "not valid for travel abroad" and, in any event, with an expiry date no later than 3 August 2026.

Municipalities are exerting pressure on citizens by claiming that, pursuant to EU Regulation 2019/1157 and Ministerial Circular DAIT no. 76 of 13 October 2025, not only has the provision of fingerprints become mandatory, but also that old identity cards cease to be valid as identity documents. This is an erroneous interpretation. Firstly, EU Regulation 2019/1157 was declared invalid by the Court of Justice of the European Union and replaced by EU Regulation 2025/1208. The new European legislation refers solely to documents for travel abroad, not to identity documents for domestic purposes within individual Member States. Secondly, identity documents, even when expired, can still be used according to the procedures set out in Article 35 of DPR 445/2000 (solely in dealings with public administrations).

Therefore:

- an identity card is not mandatory: it can be replaced by any other valid identity document such as a driving licence, passport, firearms licence, or ID cards issued by public bodies (DPR 445/2000, Art. 35),

- a ministerial circular has no standing as a source of law and cannot provide for rules contrary to primary statutes or regulations: DPR 445/2000 remains in force and its provisions are binding on public administrations,

- after 3 August 2026, old identity cards (which have not yet expired) remain valid as identity documents, but not as travel documents valid for going abroad,

- it is nevertheless possible to use an expired identity document pursuant to Article 45 of DPR 445/2000 if accompanied by a photocopy with a self-declaration by the holder stating that the details in the document remain unchanged (warning: this provision applies ONLY in dealings with the public administration, not in dealings with private parties such as banks, which cannot accept an expired document with a self-declaration),

- if a new identity card is applied for, it will also be necessary to provide secondary biometric data (fingerprints); however, it should be borne in mind that Article 10(3) of Regulation 2025/1208 requires the erasure of biometric data from the database of the authority issuing the Identity Card within 90 days from the date the document is collected.

Activating the CIE

In order to function digitally, the CIE must be activated using a mobile phone application. Consequently, even once the new electronic identity card has been handed over, we will continue to use it exactly as we did with the paper one, refraining from activating it. Through this approach, we will seek to evade the digital control of the Leviathan State.

SPID

The alternative to the CIE remains SPID (Public Digital Identity System). This is a far less invasive system in which an authorised certification company issues a digital certificate confirming the holder's identity. The companies issuing SPID (many of them free of charge) merely collect a copy of the identity document and the tax code, which is better provided via the Revenue Agency card or the tax code certificate, and NOT via the health card (tessera sanitaria). Therefore, SPID is a form of digital identity that is far less invasive than the CIE, and without doubt preferable for anyone compelled to hold a digital identity, for instance for employment reasons.

Here is the video on the new legislation: