The Federal Constitutional Court, led by President
Stephan Harbarth, has ruled that parts of the BKA's data collection and storage powers are unconstitutional. This decision follows a complaint by the Society for Civil Rights (GFF), involving lawyers, a political activist, and football fans. The court had previously declared parts of the security authorities' powers unconstitutional in 2016, prompting a reform of the BKA Act in 2018. Until a new regulation is established, the current provisions will remain in place with certain conditions, but no later than July 31, 2025.
The court criticized the secret surveillance of contact persons and the insufficient thresholds for data storage. It highlighted that such measures violate the fundamental right to informational self-determination. The ruling affects the BKA's ability to secretly monitor individuals and store personal data without adequate safeguards. The court emphasized that any infringement on fundamental rights must serve the common good and adhere to the principle of proportionality.
This decision is seen as a victory for civil liberties, reinforcing the need for stringent data protection standards. The government has until July 2025 to revise the law in accordance with the court's guidelines. This ruling underscores the ongoing tension between national security measures and the protection of individual rights in the digital age.
