Intelligence services legislation to be reformed

National sovereignty and our society are increasingly facing threats from within and outside the country, such as espionage, sabotage and hybrid attacks. The Federal Office for the Protection of the Constitution and the Bundesnachrichtendienst, the foreign intelligence service of the Federal Republic of Germany, therefore require powers that are in keeping with the times in order to be able to act effectively.

The Federal Government is tackling legislative reform on three levels in order to fulfil its duty to protect its citizens - and has decided to reform the intelligence services.

Powers in keeping with the times for the intelligence services

The intelligence services' investigative powers will be adapted to the threats in cyberspace and made fit for the future. The use of AI applications for data analysis will be set out in regulations in order to enable the insights required for the investigation of threats to be gained more efficiently.

As part of its strategic intelligence-gathering activities, the foreign intelligence service is to be permitted to store telecommunications content for up to six months and communications data for up to 12 months. This includes, for example, IP (Internet Protocol) addresses, as well as the time and duration of communications. This will put Germany back on an equal footing with its partners.

The draft bill concerns new regulations for the Bundesnachrichtendienst and the Federal Office for the Protection of the Constitution.
The Bundesnachrichtendienst is the foreign intelligence service of the Federal Republic of Germany.
As the federal domestic intelligence service, the Federal Office for the Protection of the Constitution gathers information on extremist and terrorist activities, thereby safeguarding Germany's liberal democratic basic order.

Under the draft bill, the intelligence services will also be granted the power to take proactive protective measures. If they identify threats that other bodies - such as the police - are unable to counter equally effectively, the intelligence services should, in future, be able to intervene themselves within strict limits. This could, for example, involve taking down a foreign server from which a cyberattack is about to be launched.

Strengthening judicial oversight

Judicial oversight of the activities of the intelligence services will be strengthened and made more efficient. The Independent Oversight Council will take over the responsibilities of the G10 (Article 10 Law) Commission and will be given jurisdiction over all foreign intelligence services. The aim is to put an end to the current fragmentation of judicial oversight and to enable a rigorous, court-like system of adjudication. The Independent Oversight Council mmittee is to approve in advance any individual measures taken by the intelligence services that are particularly intrusive. This will provide the intelligence services with certainty in actions undertaken to fulfil their statutory remit.

Furthermore, democratic oversight of the intelligence services will remain guaranteed. This is because the reform does not affect the provisions of the Act on the Parliamentary Oversight Committee.

Implementing the requirements of the Federal Constitutional Court

In recent years, the Federal Constitutional Court has set out key guidelines on intelligence service law. The legislature must establish rules that provide a sufficient degree of precision with respect to the conditions under which various surveillance powers may be exercised. Furthermore, greater account should be taken of the fact that surveillance measures interfere with basic rights to varying degrees, depending on the person concerned. That is why the Federal Government's draft bill contains a much more clearly structured list of official measures and requirements to ensure their appropriateness. Professional confidentiality and the core area of private life will be better protected in order to reliably safeguard fundamental rights.