SurveillanceMore powers, tighter monitoring: Germany reforms its intelligence service
The Bundestag has passed a comprehensive reform of the BND, Germany’s main intelligence service. The legislation strengthens government monitoring of intelligence powers, and allows the BND to carry out certain types of surveillance activities. The reform is a response to two recent developments: the 2013 Snowden revelations that the BND had spied on German citizens on behalf of the NSA, and the growing concerns about terrorism in Europe. The new legislation thus gives the BND more powers – but subjects it to tighter judiciary monitoring.
The Bundestag has passed a comprehensive reform of the BND, Germany’s main intelligence service. The legislation strengthens government monitoring of intelligence powers, and allows the BND to carry out certain types of surveillance activities.
EurActiv reports that the reform is a response to two recent developments: the 2013 Snowden revelations that the BND had spied on German citizens on behalf of the NSA, and the growing concerns about terrorism in Europe. The new legislation thus gives the BND more powers – but subjects it to tighter judiciary monitoring.
New restrictions
The new measure would subject the BND to monitoring by an “independent panel” of two judges and a federal prosecutor and a “permanent commissioner” from the Interior Ministry. The legislation stipulates that monitoring of international communications networks requires an authorization by the Chancellor’s Office, rather than by the BND itself, as has been the case until now.
The measure prohibits economic and industrial espionage.
The legislation also guarantees better protection for whistleblowers in the ranks of the intelligence services, and the Bundestag will hold an annual public hearings about the BND, rather than closed-door hearing as has been the case.
New powers
The new law allows the BND to conduct espionage operations directed at EU institutions and other EU member states – in the pursuit of “information of significance for [Germany’s] foreign policy and security.”
The BND will be allowed to cooperate with foreign intelligence services like the NSA if the cooperation is for specific purposes such as fighting terrorism, supporting the German military on foreign missions, or collecting information concerning the safety of Germans abroad.
Opposition
The BND reform measure was easily passed with votes of members of the Christian Democrats and Social Democrats, who form the current coalition led by Angela Merkel.
The opposition Left Party and the Greens voted against the legislation, and Free Democratic Party (FDP), the Christian Democrats’ former coalition partners who are no longer in the Bundestag, say they are looking to challenge the legislation in court.
Amnesty International has pointedly criticized the new laws.
“The reform violates people’s human rights,” Amnesty’s Lena Rohrbach told DW. “It’s nothing but a free pass to intrude into people’s private spheres.”
German media from both end of the political spectrum were critical as well.
“It would be a limitless understatement to say the BND has gotten off lightly,” the conservative daily Süddeutsche Zeitung wrote.”The new laws simply legalize a lot of what the BND has done thus far without a clear legal basis.”
The liberal-leaning Der Spiegel agreed that the reform was an attempt to move beyond the Snowden revelations.
“There can be debate about the strengths and weaknesses of the legislation, but not about its symbolic effect. The BND reform is like the government drawing a line through the spying affair, and Germany’s shameful role in it is simultaneously cleared away.”
