Germany’s Federal Constitutional Court has recently determined that several sections of the Federal Criminal Police Office Act (BKA Act) breach the country’s constitution by infringing on the privacy rights of citizens. This decision followed a legal challenge by the Society for Civil Rights e.V. (Gesellschaft für Freiheitsrechte e.V., or “GFF”), a German organization advocating civil rights.
The Federal Criminal Police Office (BKA), functioning as Germany’s central criminal investigation body, utilizes a joint police information network to facilitate data sharing. Nevertheless, the court found that certain data retention practices, particularly concerning sections 18 and 45 of the BKA Act, hinder individuals’ fundamental rights to informational self-determination.
The court specified that the BKA’s authority to collect personal data did not align with constitutional principles, particularly those related to the proportionality of surveillance measures. The provisions flagged included section 45(1), which involves covert data collection relevant to suspects of terrorism, and section 18(1), which governs the retention of personal data.
Despite these findings, the unconstitutional aspects of the act will persist temporarily until new legislative measures are enacted. Nevertheless, restrictions are applied to these provisions before legislative changes occur. Detailed parameters have been set for the data collection from individuals connected to terrorism suspects and the retention of personal data, requiring an unfavorable prognosis of potential criminal connections to justify retention.
This ruling is consistent with a 2016 decision by the Constitutional Court, which had previously found inadequacies in the BKA Act’s provisions concerning the protection of privacy and rule-of-law safeguards. It resulted in the act’s revision in 2017 to meet the criteria defined by the 2016 ruling and European Union directives. For more detailed coverage, please refer to Jurist.