Federal Criminal Police Office's rights to fight terrorism concern the Federal Constitutional Court
In certain cases, people who are not suspects themselves, but are merely in contact with suspects, may also be monitored for the purposes of counter-terrorism. For example, informers can be used for this purpose. This regulation allows the surveillance of too many people, said Bijan Moini, the legal representative of the complainants, in court.
The Karlsruhe court also dealt with the question of what data on individuals may be stored and used in the BKA 's information system and in a central police database. The law allows, for example, the processing of personal data if there are indications that the person concerned will commit crimes in the near future.
One complainant, a fan of the 1860 Munich soccer club, reported before the hearing that she had been included in a police database as a suspect without ever having committed a criminal offense. On the contrary, she had campaigned against violence in the stadium. Now any police check could be "very unpleasant".
Federal Minister of the Interior Nancy Faeser (SPD) defended the powers of the BKA with the protection of citizens from attacks, for example. "New crime phenomena also need answers from the state," she said before the hearing in Karlsruhe. The security situation in Germany has changed.
The central data collection was also a lesson learned from the murders committed by the right-wing extremist cell National Socialist Underground (NSU), which had not been uncovered for years. During an ongoing investigation, no time should be wasted linking different data systems, the minister argued in court.
This is not the first time the Constitutional Court has dealt with the BKA Act. In 2016, it partially rejected an earlier version. The law was later reformed. Now the court must examine whether the new version is compatible with the Basic Law, specifically the right to informational self-determination.
This will lead the First Karlsruhe Senate "once again into the area of conflict between the state's security mandate and the protection of individual liberties", announced Court President Stephan Harbarth. A ruling was not expected on Wednesday. It is usually issued a few months after the oral hearing.
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- The future of the Federal Criminal Police Office's powers in combating terrorism is currently under scrutiny at the Federal Constitutional Court in Karlsruhe.
- The BKA's right to collect and use certain data for future crime prevention purposes is a contentious issue, as seen in the case of an individual who was added to a police database without charge.
- The Federal Criminal Police Office emphasizes the necessity of such measures for defense against terrorism and potential future threats, a position reinforced by the Federal Minister of the Interior in court.
- A ruling from the Federal Constitutional Court in Karlsruhe will determine whether the BKA's practices align with the right to informational self-determination, as enshrined in Germany's Basic Law.
- Discussions about the BKA's role in future terrorism prevention and individual liberties continue, as there is a balancing act required between state security and citizen protection, as previously highlighted by Court President Stephan Harbarth.
Source: www.stern.de
