The Federal Constitutional Court in Karlsruhe has issued a ruling limiting the powers of the Federal Criminal Police Office (BKA) regarding data collection, exchange, and monitoring. This decision stems from concerns over violations of the fundamental right to informational self-determination, raised by the Society for Civil Liberties and supported by criminal defense lawyers and soccer fans.
The court had previously declared parts of the BKA's powers unconstitutional in 2016, prompting legislative amendments. However, further restrictions are now imposed, requiring stringent conditions for the secret surveillance of associates and precise regulations for storing data on suspects.
The ruling, which benefits journalists and other civil liberties advocates, mandates that the law be revised by 2025. The Ministry of the Interior and BKA officials argue that their powers are essential for combating serious crimes like terrorism and organized crime.
Despite this, the court emphasized the necessity of balancing state security with individual rights. Various groups, including the Federal Data Protection Commissioner and the German Journalists Association, have expressed their views on the judgment, with some political entities criticizing the repeated disregard for fundamental rights by certain parties.
The ruling is seen as a crucial step in ensuring that surveillance measures are justified and proportionate, reinforcing the protection of personal freedoms in the face of evolving security challenges.
