Federal Constitutional Court hears case on the powers of the Federal Criminal Police Office
They are supported by the Gesellschaft für Freiheitsrechte (GFF). They believe that the challenged rules in the Federal Criminal Police Office Act violate their fundamental right to informational self-determination. At the moment, the regulations allow the surveillance of too many people, said their legal representative Bijan Moini in court.
He criticized the merging of data in a central collection. This poses the risk of data being taken out of context, he said. People could end up in the database as suspects without having actually committed a crime and be treated more harshly by the police in future.
Federal Minister of the Interior Nancy Faeser (SPD) defended the powers of the BKA before the hearing in Karlsruhe with the protection of citizens from terrorism, for example. "New crime phenomena also need answers from the state," she said. The security situation in Germany has changed. During an ongoing investigation, no time should be lost in linking different systems.
In his introduction, Court President Stephan Harbarth announced that the trial would "once again lead the court into the area of tension between the state's security mandate and the protection of individual liberties".
The challenged law regulates the tasks and powers of the BKA and its cooperation with the criminal investigation offices of the federal states. This is not the first time the Constitutional Court has dealt with this: it partially rejected an earlier version in 2016, and the law was amended in 2017. A ruling is not yet expected on Wednesday. It is usually issued a few months after the hearing.
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- The Federal Criminal Police Office (BKA) is at the center of a legal dispute over its authorizations, with the Federal Constitutional Court set to rule on the matter.
- During the hearing in Karlsruhe, Bijan Moini, the legal representative of the Gesellschaft für Freiheitsrechte (GFF), argued that the BKA's surveillance practices violate the right to informational self-determination, as they allow for the monitoring of too many individuals and the potential misuse of data.
- Federal Minister of the Interior Nancy Faeser defended the BKA's powers, stating that they are necessary for protecting citizens from terrorism and addressing new crime phenomena.
- In his introductory statement, Court President Stephan Harbarth acknowledged that the case would once again test the balance between the state's security mandate and individual liberties.
- The Federal Criminal Police Office Act, which outlines the tasks and authorizations of the BKA and its cooperation with state criminal investigation offices, has been previously challenged in court and subsequently amended in 2017, following a partial rejection of an earlier version by the Federal Constitutional Court in 2016.
Source: www.stern.de
