Germany to Overhaul Intelligence Services: New Powers and Enhanced Oversight Proposed
Berlin, September 24 – The German government is pushing for a fundamental reorganization of its intelligence services, the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV). Federal Interior Minister Alexander Dobrindt (CSU) stated that both agencies should evolve into “true secret services.” Deliberations on the reform proposals are now commencing in the Bundestag.
Why is this reform necessary now?
The federal government justifies the reform primarily by citing a changed security landscape. Germany is increasingly a target of espionage, sabotage, cyberattacks, and disinformation campaigns. Such attacks are classified as “hybrid” due to their combination of various methods, including hacking, influence operations, espionage, sabotage, assaults, and other covert operations.
Many intelligence services in other countries, with whom Germany exchanges information, already possess broader capabilities. This allows them to provide more intelligence, such as information on extremist arms purchases or sabotage operations by foreign powers. “Our services must be able to operate on par with our allies; this promotes equal cooperation and increases security,” said SPD parliamentary deputy Sonja Eichwede.
Additionally, the need for change arises from decisions by the Federal Constitutional Court. These include the reformulation of rules for transmitting intelligence data to other authorities.
What new powers will the BND gain?
The most significant change is that the BND will be able to react directly to threats, for example, by destroying the IT infrastructure of a state-controlled hacker group. It could also manipulate production or supply chains to hinder the manufacturing of drones, weapons, or explosives. Regarding Russia, BND President Martin Jäger stated at the Munich Security Conference: “I am deeply convinced that we should prove much more often that we are capable of doing very similar things, so that the other side also feels the pain.” However, killings will continue not to be part of the German intelligence services’ repertoire.
What capabilities does the Federal Intelligence Service require for this?
IT specialists capable of disrupting hostile digital systems and a technically improved analysis are necessary. The placement of saboteurs or their recruitment for practical disruptive maneuvers, such as those targeting the arms industry of a foreign power, is also not without risk. Furthermore, in a first step, specific targets would need to be identified to send a deterrent signal at short notice, should this be deemed politically necessary in a threat situation.
And what about the domestic intelligence service?
The Federal Office for the Protection of the Constitution (BfV) will continue to gather information on extremist groups and conduct counter-espionage. Under strict conditions, the BfV will be allowed to secretly enter apartments or business premises – for example, to install spyware for an online search, or to neutralize weapons or explosives. Arrests or interrogations, which are permitted to the police, would remain prohibited for the BfV. The possibilities for monitoring encrypted communication are also to be expanded.
What other changes are planned?
Generally, the more a measure interferes with fundamental rights, the higher the requirements for its deployment. New regulations are planned for the use of Artificial Intelligence (AI) for analyzing large datasets and biometric image comparison. Changes are also expected in the transfer of information to other authorities and, in certain cases, to private entities, for example, if this is necessary for the protection of critical infrastructure.
What changes will there be in oversight?
The Independent Control Council, a court-like body, will review the legality of certain measures taken by the BND and BfV – through prior control, but also regarding data protection. The SPD emphasizes that the expansion of powers will be accompanied by a strengthening of oversight over the services. “This is an absolute must for us, and we will examine this closely again in the parliamentary deliberations,” said Eichwede.
What does the opposition say?
The strongest rejection comes from the Left Party faction. Their internal affairs expert, Clara Bünger, stated: “What is threatened is nothing less than the de facto abolition of the separation principle between intelligence services and police, a central lesson from German fascism.”
The AfD, however, supports granting the BND more operational capabilities and has prepared its own draft. However, it does not foresee an expansion of the BfV’s powers. Regarding the federal government’s draft, their representative Stefan Keuter said: “In its current form, we would reject it.”
The Green Party faction generally supports a comprehensive reform of intelligence service law but has its own ideas regarding more effective control. Their parliamentary managing director, Irene Mihalic, also stated that the draft does not sufficiently explain why “the Office for the Protection of the Constitution should now be equipped with police-like powers to avert danger, but still operate in secret.”
Source: dpa-infocom, dpa:260924-930-735100/1
