Key facts
- Germany's government approved a draft law to significantly expand the powers of its domestic and foreign intelligence agencies.
- The reforms aim to modernize capabilities against modern state terrorism and extremist groups.
- New powers include 'hack-back' cyber-attacks and more extensive data collection with AI.
- Agents will have more latitude to carry weapons for self-defense abroad.
- The law seeks to address security gaps exposed by recent attacks and rising geopolitical threats.
- Oversight mechanisms will be strengthened, though some critics warn of potential overreach.
Germany's government has approved a draft law to significantly expand the powers of its domestic and foreign intelligence agencies, a move described as a security 'revolution' by the interior minister. The controversial reforms, which must still pass parliament, are intended to modernize the country's spy services to better combat modern threats like state terrorism and extremist groups.
The proposed legislation comes in response to recent security breaches, including a deadly car ramming at Berlin's Pride parade and the discovery of an explosive-laden drone near a cargo plane at Leipzig airport. These incidents have exposed perceived security gaps and placed pressure on the government to demonstrate its ability to protect citizens.
The federal foreign intelligence service (BND) and the domestic security watchdog, the Office for the Protection of the Constitution (BfV), will see their capabilities enhanced. The BND, in particular, will gain new powers to confront state actors such as Russia and China with fewer impediments, including the ability to conduct 'hack-back' cyber-attacks, alter weapon instructions, and block digital payments to low-level agents. Agents will also be permitted to carry weapons for self-defense more frequently abroad.
The draft law also loosens rules around data protection, allowing for more extensive collection, storage, and analysis of information with the aid of AI. Online searches and home surveillance against criminal suspects will also become easier to authorize. Oversight of the BND and BfV will be strengthened through an independent board and the existing parliamentary intelligence control committee.
Despite broad recognition of the need for reform, some politicians and data protection officials have voiced concerns. The federal commissioner for data protection criticized the proposed changes for stripping her office of oversight powers over the BND and expressed reservations about expanded access to CCTV footage. An opposition Green party spokesperson called the draft law "urgently needed" but argued it "overshoots the mark," particularly regarding the BfV's powers, which he believes are difficult to reconcile with the separation of intelligence and police functions.