Bundestagsdebatte: Wo BND und Verfassungsschutz künftig hineinschauen dürfen

Germany is set to enhance its protection against espionage, terrorism, and sabotage, with the Bundestag finalizing a reform of intelligence services legislation on Friday. The reform grants the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV) significant new powers. The primary driver is intensified intelligence activities, notably from Russia, China, and Iran.

The main questions and answers: Why now? The government no longer views foreign threats as abstract but concrete, citing plans against German arms manufacturers and operations like a bomb-laden drone at Leipzig/Halle Airport. BND President Martin Jäger noted Russia is waging a "shadow war" against them, primarily through intimidation.

While no large-scale Russian attack against NATO states is imminent, there could be low-level military activities in the Baltic region. Numerous planned terrorist attacks in Germany were thwarted in recent years due to intelligence from foreign services, particularly the US. The Bundesverfassungsgericht has set a deadline of the end of the year for the BND to improve its rules for domestic-to-foreign communications surveillance.

The BfV will no longer merely collect information; it will, under certain conditions, take covert protective measures against objects, IT systems, and data manipulation, as well as mislead or falsify data streams for threatening purposes. Employees can secretly enter homes to read data from devices or render weapons inoperable, but only under stringent circumstances and with prior authorization.

Digital powers are also expanded, allowing the BfV to read devices, monitor encrypted telecommunications, and conduct online searches. AI-driven data analysis and biometric facial recognition on the internet are permitted. The BfV can access information from service providers, platforms, and car manufacturers, but only after a suspicion has solidified.

For the first time, the BfV can also investigate support structures of organized crime. In limited exceptional cases, individuals aged 16 or 17 can serve as confidential sources for the BfV. While the BfV typically shares information with the police about imminent threats, such as preparations for an attack, the BfV will only operate when other authorities cannot or will not act in time, or when the BfV receives relevant information from a foreign intelligence service that the police refuse to disclose.