PESEL Reservation – How can new regulations protect you from identity theft?

As early as June 1, 2024, some provisions of the Law of July 7, 2023 on amending certain laws to reduce the effects of identity theft will come into force. The new regulations will introduce significant changes regarding:

• reservation of the PESEL number,
• the obligation to verify the PESEL number,
• cybersecurity,
• economic turnover.

As of this date, institutions such as banks, loan companies, lessors, SKOKs, notaries and telecommunications providers, insurers will be required to verify the PESEL of individuals in the government’s PESEL number disclaimer registry before performing certain services.

This applies to such activities that may result in the encumbrance of property or the incurring of liabilities. The purpose of this legislation is to strengthen protection against financial fraud and data and identity theft.

In this article you will find information on how the procedure for reserving a PESEL number looks like, its consequences and obligations. Wondering whether it is worthwhile to take advantage of the opportunity to reserve your PESEL number? Read this article to the end to find the answer to this question.

How to reserve a PESEL number?

Reserving your PESEL number is simple and convenient. You can perform this action in several ways:

1. Online
   • through the mCitizen application or a dedicated website
   • trusted profile, qualified signature, e-card or e-banking login credentials are required.
2. In person
   • At any municipal office, submitting a paper application bearing a handwritten signature.
   • At the bank,
   • at the post office

Once your PESEL number is reserved, it will be placed in a special register.

Can I revoke the reservation of my PESEL?

You can do so at any time online or in person at the municipality office. It is worth remembering that this service is not possible at the bank or at the post office.

You can also revoke the blockade only for the time of performing a specific action or concluding a contract. Once the activity is completed, you can reactivate the blockade.

What are the consequences and obligations arising from the PESEL blockade?

The main obligations are aimed at companies, which after the law comes into force must meet the relevant requirements to access client data.

Any financial institution required to verify the PESEL number should:

• be equipped with ICT devices and systems integrated with the reservation register, and
• have appropriate safeguards required for processing personal data.

Entities that fail to verify the information in the registry despite the requirement will not be able to claim satisfaction of claims arising from, for example, a contract.

In addition, banks will delay for 12 hours the payment of a sum exceeding three times the minimum wage (currently PLN 12,726) if it turns out that the account holder has reserved his PESEL.

How do I check if someone has used my PESEL?

In the Register of PESEL Number Reservations, any person will be able to check the history of verification of their PESEL number by institutions, companies, and individuals. In addition, in the register you can check the history of changes in the status of your PESEL number and its reservation.

What are the advantages of reserving a PESEL number?

Reserving your PESEL is not mandatory, but it is definitely worth considering.

If you reserve your PESEL, an unauthorized person, even if he gets hold of your PESEL number and other data through data leakage, identity theft or other methods, will not be able to, among other things:

• conclude a credit agreement that you will later be required to repay,
• conclude an installment sales contract,
• conclude a lease agreement,
• sell your Real Estate,
• open a bank account in your name,
• withdraw money from your bank account,
• make a duplicate of your SIM card.

Unfortunately, we are increasingly encountering cases of identity theft of both companies and individuals. Fraudsters impersonate business entities in various industries, such as trade, transportation, shipping, among others. The result is not infrequent loss of property.

The blocking of the PESEL number is an important step in protecting against identity theft. By reporting it to the relevant institutions, you can significantly reduce the risk of unauthorized use of your personal information.

The PESEL reservation is a very good preventive solution that significantly improves data security. The benefits of this are so significant that it is definitely worth reserving your PESEL as soon as possible. On the part of businesses and providers of certain services, this consequently raises additional responsibilities related to the implementation of changes, compliance, and verification of PESEL disclaimers.

If you are certain or suspect that your or your company’s data or identity has been stolen, you have been a victim of fraud, theft by DDoS attack, ransomware attack or other methods, It is worth contacting the experienced lawyers of our law firm immediately. Remember – cybercriminals act very quickly.

Want to learn more? Contact our law firm at [email protected] or read other articles on our blog and stay up to date.