When signing a lease, landlords will usually ask to see a tenant’s ID card to verify their identity.
But that raises another question: Can the landlord simply make a copy and keep it?
What if the lease ended years ago, but the landlord still has a copy of the former tenant’s ID card sitting in a file?
In fact, “verifying identity” and “retaining a copy of an ID card” are two different things. A landlord has a legitimate reason to verify a tenant’s identity, but once personal information is copied, retained, or used, the requirements of Taiwan’s Personal Data Protection Act must also be followed.
What Does the Law Say?
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract, Article 12:
“The lessee shall, at the time of entering into this contract, present a national identification card or other documents sufficient to prove identity for verification by the lessor.”
✨ Plain Explanation: The standard rental contract clearly requires the tenant to present an ID card or another identity document when signing the lease so that the landlord can verify who is actually entering into the contract.
But there is an important distinction: the rule requires the tenant to “present” the document for “verification.” It does not say that the tenant must provide a copy of the ID card for the landlord to keep permanently.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract, Article 23:
“This contract shall state the parties and their basic information:
(1) The lessee’s name (title), uniform number (identification document number), household registration address (business registration address), correspondence address, and contact telephone number.
(2) The lessor’s name (title), uniform number (identification document number), household registration address (business registration address), correspondence address, and contact telephone number.”
✨ Plain Explanation: The lease itself must contain basic information about both the landlord and the tenant, including their names, ID numbers, addresses, and contact numbers.
In other words, the law requires the necessary identifying information to be recorded in the lease. It does not require both parties to keep complete copies of each other’s ID cards.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Personal Data Protection Act, Article 19:
“1. Except for the personal data specified under Paragraph 1 of Article 6, the collection or processing of personal data by a non-government agency shall have a specific purpose and shall meet one of the following circumstances:
- Where it is expressly provided by law.
- Where there is a contractual or quasi-contractual relationship with the data subject and appropriate security measures have been adopted.
- Where the personal data has been made public by the data subject or has otherwise been lawfully made public.
- Where it is necessary for an academic research institution to conduct statistics or academic research in the public interest, and the data has been processed by the provider or collected in such a manner that the specific data subject cannot be identified from the method of disclosure.
- Where the data subject has given consent.
- Where it is necessary for the promotion of public interests.
- Where the personal data is obtained from a source generally available to the public; provided, however, that this shall not apply where the data subject has prohibited the processing or use of such data and the protection of the data subject’s interests clearly outweighs other interests.
- Where the rights and interests of the data subject are not infringed.
2. Where the collector or processor becomes aware, or is notified by the data subject, that the processing or use of personal data is prohibited pursuant to the proviso of Subparagraph 7 of the preceding Paragraph, the collector or processor shall, on its own initiative or at the request of the data subject, delete or cease processing or using such personal data.”
✨ Plain Explanation: Landlords are not completely prohibited from collecting tenants’ personal information. Because a rental agreement creates a contractual relationship, a landlord may generally collect personal information within a reasonable and necessary scope for purposes such as verifying the tenant’s identity, performing the lease, or handling rental-related matters.
However, having a lease does not mean a landlord can collect whatever information they want. There still needs to be a specific purpose, and the landlord should consider whether keeping a complete copy of the tenant’s ID card is actually necessary.
⚖️ Legal Source: Personal Data Protection Act Article 19 – Law.moj.gov.tw
Personal Data Protection Act, Article 20:
“1. Except for the personal data specified under Paragraph 1 of Article 6, the use of personal data by a non-government agency shall be limited to the necessary scope of the specific purpose for which the data was collected. However, the data may be used outside the specific purpose under any of the following circumstances:
- Where it is expressly provided by law.
- Where it is necessary for the promotion of public interests.
- Where it is necessary to prevent danger to the life, body, freedom, or property of the data subject.
- Where it is necessary to prevent serious harm to the rights and interests of another person.
- Where it is necessary for a government agency or academic research institution to conduct statistics or academic research in the public interest, and the data has been processed by the provider or collected in such a manner that the specific data subject cannot be identified from the method of disclosure.
- Where the data subject has given consent.
- Where it is beneficial to the rights and interests of the data subject.
2. Where a non-government agency uses personal data for marketing pursuant to the preceding Paragraph, it shall immediately cease using the personal data for marketing when the data subject expresses a refusal to receive marketing.
3. When conducting marketing for the first time, the non-government agency shall provide the data subject with a means to express refusal to receive marketing and shall bear the necessary costs.”
✨ Plain Explanation: Even if a landlord legally obtains a tenant’s personal information, that does not mean the information can later be used however the landlord wishes.
For example, if a copy of an ID card was originally collected for signing and managing a lease, it should generally be used only for matters reasonably connected to that rental relationship. The landlord cannot simply pass it on to someone else or use it for unrelated purposes just because the information happens to be on file.
Put simply: personal data collected because of a rental relationship should generally stay within rental-related use.
⚖️ Legal Source: Personal Data Protection Act Article 20 – Law.moj.gov.tw
Personal Data Protection Act, Article 11, Paragraph 3:
“When the specific purpose of personal data collection no longer exists or the time period expires, the personal data shall, on the initiative of the data collector or upon the request of the data subject, be erased or cease to be processed or used. However, this shall not apply where the retention is necessary for the performance of an official duty or business operation, or where the data subject has given written consent. ”
✨ Plain Explanation: Personal information cannot be kept forever simply because it was legally collected in the first place.
Once the original purpose for collecting the information no longer exists, or the applicable retention period has expired, the information should generally be deleted or no longer processed or used.
So if the lease has ended, the security deposit and other charges have been fully settled, and there is no remaining rental dispute or other legal reason to retain the information, a landlord cannot simply keep a tenant’s ID copy indefinitely because “it has always been in the file.”
⚖️ Legal Source: Personal Data Protection Act Article 11 – Law.moj.gov.tw
Can a Landlord Ask to Keep a Copy of a Tenant’s ID Card?
A landlord can ask, but it is important to distinguish between the right to verify a tenant’s identity and an automatic right to retain a copy of the ID card.
Taiwan’s rental housing rules require tenants to present an identification document for verification when signing a lease. The lease itself must also contain information such as the parties’ names, ID numbers, addresses, and contact information.
Therefore, there is nothing unusual about a landlord verifying a tenant’s identity.
Whether the landlord also needs to retain a complete copy of the front and back of the ID card is a separate question. The law does not require a residential lease to include a copy of the tenant’s ID card, so keeping a copy should not be treated as a mandatory legal requirement for every rental agreement.
Why Do Landlords Often Keep ID Copies Anyway?
The reason is fairly simple: risk management.
For example, if a tenant later falls behind on rent, moves out early and becomes unreachable, or a dispute eventually proceeds to mediation or litigation, having complete and accurate identifying information can help the landlord confirm the identity of the party involved.
The same principle works the other way around. When signing a lease, tenants also have an interest in confirming whether the landlord is actually the property owner or otherwise has the legal authority to rent out the property.
In practice, an ID copy is therefore better understood as a tool for identity verification and recordkeeping rather than a legally required document for creating a valid lease.
If an ID Copy Is Kept, How Can It Be Made Safer?
If both parties agree that a copy will be retained, it is generally better not to provide an unmarked “clean copy.”
The copy can clearly state:
“For identity verification and matters related to the ○○ residential lease only. Not valid for any other purpose.”
The property address, lease date, or specific purpose may also be included. This makes it more difficult for the copy to be reused for an unrelated purpose if it is accidentally disclosed.
Information that is clearly unrelated to the rental purpose should also be considered separately rather than automatically retaining every piece of information appearing on the document.
Can a Landlord Also Ask for a Health Insurance Card, Bankbook, or Credit Card Copy?
This requires greater caution.
Simply verifying the identity of a party to a residential lease does not normally mean that a landlord also needs copies of the tenant’s National Health Insurance card, credit card, or other unrelated documents.
The key questions are:
- Why is this particular information being collected?
- Is it directly related to the rental agreement?
- Can the same purpose be achieved through a less intrusive method?
For example, if the only purpose is to verify identity and the tenant’s original ID card already accomplishes that purpose, it would generally be difficult to justify requesting multiple unrelated document copies simply for “recordkeeping.”
How Long Can a Landlord Keep a Tenant’s ID Copy After the Lease Ends?
This is where misunderstandings often arise.
Taiwan’s Personal Data Protection Act does not establish a single rule saying that a landlord may keep a tenant’s ID copy for exactly three years, or that it must always be deleted five years after the lease ends.
The actual principle is: how long the information may be retained depends on whether the original purpose for collecting it still exists and whether there is another legal reason for continued retention.
For example, if the lease has just ended but the parties are still dealing with unpaid rent, the security deposit, repair costs, or a claim for damages, there may still be a legitimate reason to retain relevant information.
On the other hand, if the lease ended long ago, the property has been returned, the security deposit has been refunded, all expenses have been settled, and there are no remaining disputes or other legal retention requirements, the justification for continuing to keep a complete copy of the former tenant’s ID card becomes much weaker.
In practice, landlords may establish an internal retention period based on contract records, applicable civil claim limitation periods, and tax-record requirements. However, this should not be simplified into a rule that “every tenant ID copy may automatically be kept for five years.” The key is still purpose and necessity, not simply the number of years that have passed.
Common Situation: The Tenant Moved Out Three Years Ago. Should the ID Copy Still Be Kept?
Suppose a tenant moved out three years ago. The rent, security deposit, utilities, and other charges have all been settled, and there is no litigation, tax issue, or other outstanding dispute. The landlord has simply kept every former tenant’s information in the same filing cabinet out of habit.
At that point, it is worth asking: Does the original purpose for retaining the complete ID copy still exist?
If there is no longer a reasonable need to keep it, the information should be appropriately deleted or destroyed in accordance with the Personal Data Protection Act rather than accumulating copies of former tenants’ identification documents indefinitely.
Paper copies can be securely shredded, while electronic copies should be properly deleted from computers, cloud storage, or other storage locations. This reduces the risk of continuing to hold sensitive personal information years after the rental relationship has ended.
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Conclusion: Verification Does Not Mean Permanent Retention
When renting out a property, confirming a tenant’s identity is a reasonable and necessary part of risk management. The Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract expressly require tenants to present identification documents for verification when signing a lease.
However, verifying identity, recording necessary identifying information, and retaining a complete copy of an ID card are different levels of personal data collection. Taiwan law does not require a residential lease to include a copy of the tenant’s ID card. If a copy is retained, its use should be limited, appropriate security measures should be taken, and information unrelated to the rental relationship should not be unnecessarily collected.
Nor does the end of a lease mean that every piece of personal information must automatically be deleted immediately. Landlords should first determine whether there are still rental disputes, claims, tax requirements, or other legitimate reasons for retention. Once the original purpose for collection has disappeared and there is no other reason to keep the information, it should be appropriately deleted or destroyed. The more personal information a landlord keeps—and the longer it is retained—the greater the responsibility and risk if that information is leaked.
