German coalition set to pass intelligence reform in Bundestag, expanding BND and Verfassungsschutz powers

The black-red coalition (CDU/CSU and SPD) is significantly expanding the powers of the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (Verfassungsschutz). Despite amendments, criticism remains.

Expanded Powers for Intelligence Agencies

The foreign intelligence service BND and the domestic Verfassungsschutz will in future be able to take active measures. The black-red coalition intends to pass this in the Bundestag on Friday. In view of the hybrid threat landscape, the BND will in future be able to carry out sabotage abroad or so-called hackbacks in response to cyberattacks. The Verfassungsschutz (VS) will also receive new intervention powers as well as more possibilities for AI-supported analysis and digital surveillance.

Such intervention powers for the Verfassungsschutz represent a break with intelligence practice in the Federal Republic. They are intended to allow the service, in individual cases, to secretly enter apartments to tap computers or thwart attack plans. Under the separation principle (Trennungsgebot), only the police were previously permitted to do this. The separation is historically rooted in the desire in post-war Germany to prevent the creation of a new Gestapo.

In the course of the parliamentary process, black-red has drawn clearer boundaries: the VS should not simply be able to barge in whenever it wants, but only within narrow legal limits and only when the police are not an option—for example, because information came from a friendly intelligence service and may not be passed to the police.

There was also a response to criticism that an expanded surveillance apparatus might be handed over ready-made to the far-right AfD: the Verfassungsschutz Act now includes a "resilience clause" that can restrict cooperation with state offices if "security interests" would be endangered—for example, by a soon-to-be-possible AfD state Verfassungsschutz (desperate greetings to Saxony-Anhalt).

Rushed Through Parliament

Responsibility for oversight will in future lie with the Independent Control Council (UKRat) alongside the Parliamentary Control Panel (PKgr) in the Bundestag. Following criticism of insufficient capacities, the UKRat is to be strengthened with additional personnel. The previously responsible Federal Data Protection Commissioner, Louisa Specht-Riemenschneider, had sharply criticized that citizens would be left alone with an upgraded intelligence service—without transparent oversight by data protection officials. She had doubts about the constitutionality of the original draft; at least the continued exchange with data protection authorities is now to be anchored in law.

There is also general criticism that the Interior Ministry under Alexander Dobrindt (CSU) introduced a massive reform at record speed shortly before the summer break and then rushed it through parliament—even though the draft alone comprised over 600 pages, with amendments adding another 100 pages, so that journalists, reviewers, and expert witnesses repeatedly pointed out that an appropriate procedure would have warranted more time. Experts had just 6 minutes to speak on a 600-page draft during the hearing.

"We have considerable constitutional concerns." — Franziska Görlitz, Society for Civil Rights (GFF)

Criticism of the reform remains substantial. Franziska Görlitz of the Society for Civil Rights (GFF) told taz: "It is an extremely large reform with extremely little time. We have considerable constitutional concerns, among other things regarding new digital surveillance powers such as biometric data matching, AI analysis, and AI training."

The Verfassungsschutz's operational powers are far too broadly defined, criticized Görlitz. In previous case law, the Federal Constitutional Court had granted intelligence services extensive surveillance powers precisely because they have no operational powers. "Therefore the question now arises whether the previous surveillance competences remain constitutional when intervention powers are added—quite apart from expanded surveillance powers," said Görlitz. The GFF is examining legal action.

Opposition Reactions

The Greens had welcomed changes to the BND during the parliamentary process. Regarding the Verfassungsschutz, they maintain significant criticism—for example, that professional confidentiality holders such as doctors and journalists are insufficiently protected and that the intelligence service may also recruit minors as informants. Accordingly, the Greens intend to abstain in the vote. The Left Party sharply criticized the law, speaking of a new "German secret police" and an "uncontrollable apparatus that tramples on fundamental rights."

Related articles:

• Intelligence Reform: A New Era of Surveillance
• Intelligence Reform After Espionage Suspicion: New Criticism of Planned Power Increase
• Intelligence Reform in the Bundestag: How Far Does Dobrindt's Snooping Offensive Go?