- BKA will be able to search homes in secret
Federal Ministry of the Interior Nancy Faeser (SPD) will grant the Federal Criminal Police Office (BKA) the authority to secretly enter and search residences in the future. This is reported by the Redaktionsnetzwerk Deutschland (RND). The aim is primarily to better spy on computers and mobile phones of suspects. This measure is intended to be limited to combating terrorists.
Usually, the police must name the suspect and the crime, as well as specify what is to be found during a search. They must submit a corresponding application to the public prosecutor's office, which in turn submits it to the competent investigating judge. The person concerned must be informed. If the owner of the apartment is not present, witnesses must be involved. Exceptions are only possible in cases of imminent danger.
The Federal Criminal Police Office (BKA) has a central role in criminal prosecution and in combating the dangers of international terrorism. According to Faeser, it needs modern instruments in the analog and digital worlds, as reported by the RND from security circles. The Federal Ministry of the Interior is currently drafting a bill to reform the BKA law. However, the secret search of apartments should only be possible under very high thresholds as a last resort, the RND reported.
The deputy chairman of the Green Party's parliamentary group, Konstantin von Notz, spoke of "serious times" to the RND. The BKA needs "modern investigative powers and means". At the same time, it is "completely clear that these powers can only be granted within the framework of the constitutional order". The Federal Constitutional Court has set clear guidelines on the issue of eavesdropping and handling of technical devices. The draft bill should be examined under this aspect.
So far, it is very difficult for the police to place spy software on devices of suspects via email or messengers. It is much easier if specialists can take the device into their own hands. The Basic Law does not stand in the way of such a bill, so the Bundestag can pass such an amendment without further ado.
The granting of authority to the Federal Criminal Police Office (BKA) to secretly enter and search residences will be primarily used to spy on the computers and mobile phones of suspects in fighting terrorism. According to Faeser, the BKA requires modern instruments in the analog and digital worlds to effectively combat the dangers of international terrorism.
