Germany launches comprehensive reform placing intelligence agencies at a historical crossroads
Berlin (AFP) – The German government has launched a comprehensive reform of its intelligence agencies, granting them expanded powers in a move deemed necessary amid rising threats since Russia’s invasion of Ukraine.
German Interior Minister Alexander Dobrindt, a member of the conservative faction, said at a press conference in Berlin: “We are opening a new chapter for the intelligence services. We are transforming them into genuine covert agencies.”
The reform, which has been debated for months and approved by the cabinet on Wednesday, is expected to take effect next year, pending subsequent parliamentary approval.
Germany’s intelligence agencies, both foreign (BND) and domestic (BfV)—which have long been mocked by some as a group of “vegetarians” among predators—are expected to gain the ability to conduct covert operations and intervene to counter external threats.
In an interview with the Bild newspaper published on Tuesday, Interior Minister Alexander Dobrindt (conservative) stated: “The time has come to strengthen our capabilities so that we can operate on an equal footing with our partner agencies around the world.”
In a country still haunted by memories of the Nazi Gestapo and the East German communist Stasi, strict limits had previously been imposed on intelligence activities.
However, Mark Heinrichmann, head of the parliamentary committee overseeing the intelligence services, emphasized that the “turning point” announced by Social Democratic Chancellor Olaf Scholz in February 2022, immediately following the Russia-Ukraine war—which specifically included increased military spending—should now also extend to the intelligence agencies.
Until now, the role of the foreign intelligence service was primarily limited to information gathering. In the coming phase, and in line with other countries’ intelligence agencies, the service is expected to be granted “operational” powers to counter threats.
This includes, in particular, the ability to disrupt computer systems abroad in response to cyberattacks. In cases of tension, defensive necessities, or specific risks, the agency may also carry out sabotage operations overseas.
Generally, German intelligence agencies will be authorized to conduct cyber intrusions to manipulate or delete data, thereby enabling, for example, the modification of weapons manufacturing instructions or rendering weapons unusable while still in the production phase.
Furthermore, agents of Germany’s foreign intelligence service will not be permitted to use violence against individuals abroad, unlike agents of Israel’s Mossad or the US Central Intelligence Agency (CIA).
However, a new development is that agency personnel will no longer require explicit authorization to carry weapons overseas—a rule that already applies to German Bundeswehr soldiers—as these weapons will be carried solely for self-defense purposes.
Despite the significance of this reform, clearly underscored last week by the discovery of an explosive-laden drone at Leipzig airport (eastern Germany), it has faced widespread criticism. Opponents argue that it threatens citizens’ privacy and civil liberties.
Federal Data Protection Commissioner Louise Schiestl-Riemenschneider has criticized the reform for stripping her office of its supervisory powers regarding data protection.
As a result, the ability of affected individuals to access information on how intelligence agencies handle their data will be extremely limited. Meanwhile, the Civil Liberties Association has warned of a “massive expansion” of intelligence agencies’ powers.
In this context, KAI Dietmann, a representative of the association, warned in the Rheinische Post that “both the foreign intelligence service and the domestic intelligence agency will be able to seriously violate fundamental rights, particularly through AI-based analysis with virtually no safeguards, access to private CCTV cameras, and even launching counter-cyberattacks.”
