- BKA is to be allowed to search homes in terrorism investigations
Federal Interior Minister Nancy Faeser (SPD) plans to enable the Federal Criminal Police Office (BKA) to conduct covert searches of residences in certain cases. This is evident from a draft from her ministry, which is currently being discussed within the federal government. According to the draft, such a measure would only be permitted if "a specific threat situation regarding the preparation of a terrorist attack exists and there is still uncertainty about the specific stage of the planning," the draft states in justification.
A prerequisite for a covert search by the BKA would also be that in the specific case, no other means exist to ward off the impending danger without seriously endangering the success of a criminal investigation. A judicial order would also be required. Initially, the "Redaktionsnetzwerk Deutschland" (RND) reported on the draft.
The draft bill to amend the Federal Criminal Police Office Act and the Federal Police Act also includes the authority to compare biometric image data on the internet and the permission to evaluate already collected data and identify existing connections using AI-based tools. A spokesperson for the Federal Ministry of the Interior said that "real-time surveillance and real-time facial recognition in public spaces" is not covered by the draft. From security circles, it was said that the police authorities need "effective and modern tools" in both the digital and analog worlds.
Installing Spy Software
A purpose of covert searches of residences could also be to render potential weapons unusable without the knowledge of the person concerned, the Interior Ministry explains in its draft. For example, ammunition could be replaced or a basic substance for the production of explosives could be exchanged to prevent an attack.
The draft further states that physical access to IT devices is the "technically safest and fastest way to implement the software necessary for access to information technology systems." This measure should also be permitted "exclusively for the purpose of preventing the dangers of international terrorism."
The Commission, as part of the federal government, is currently discussing a draft from Federal Interior Minister Nancy Faeser, which proposes allowing the Federal Criminal Police Office to conduct covert searches in specific threat situations. The Commission also needs to consider that a judicial order is required for these searches.
