The Bundestag has ushered in the age of automated surveillance
Without being able to prepare thoroughly for it, let alone consult experts, the members of the Bundestag today heralded the dawn of the age of automated surveillance at federal level. The black-red coalition only revealed the massive tightening of the Federal Police Act three days before the vote. The bill was passed with their votes. In fact, the intention had been merely to bring the legislation into line with the provisions of the constitution.
In 2016, the Federal Constitutional Court had declared significant parts of the Federal Criminal Police Office Act (BKA Act) to be unconstitutional. The gist of the ruling was that covert surveillance may only take place within strict limits. As many provisions from the BKA Act were also contained in the Federal Police Act, it became necessary to water down the latter as well. And this intended watering down has now turned into a tightening of the law, marking the beginning of a new era of surveillance.
Software is intended to assist the police in their work, make them more efficient and reduce staffing levels. A whole range of software-based surveillance powers is currently making its way through the Bundestag, having already been discussed there this week at first reading.
The first piece of legislation to be finally adopted today, Friday, was the Federal Police Act: it permits video surveillance – for example at railway stations – that automatically identifies people and assesses their behaviour. Irene Mihalic, a Green Party MP, said during the Bundestag debate on the bill: “With real-time biometric surveillance, the coalition is making a profound encroachment on fundamental rights.” Clara Bünger of The Left said: “Widespread surveillance is becoming the norm for millions of people.” And: “For this, the Minister of the Interior is receiving almost a billion more than last year. A billion for surveillance.”
Under the forthcoming security laws, the Federal Police – as well as the Federal Criminal Police Office (BKA) – are also to be given a kind of internet search engine for faces and voices, and an AI-supported mega-database that independently identifies suspects. The powers granted by the security laws reflect what is currently technically possible. From the perspective of fundamental rights, they are highly questionable, as they place everyone under general suspicion.
This marks a turning point. Whereas until now human police officers have been watching us on screens or drawing conclusions from personal data, in future software will increasingly take over these tasks. It also represents a dehumanisation of police work.
In numerous federal states, facial recognition software, mega-databases and AI cameras have already been authorised or are in the process of being authorised; however, with the amendment to the Federal Police Act, technologies that were previously used only sporadically and in isolated solutions are now being rolled out nationwide. Alexander Throm of the CDU said during the final Bundestag debate on the introduction of AI cameras: “This will set the standard for the federal states of the Federal Republic.”
The bill that has now been passed contains, in addition to the power to carry out automated video analysis, further digital surveillance powers, namely provisions on the use of state Trojans, drones, silent text messages, IMSI catchers, the collection of passenger name record data and number plate scanners.
AI surveillance is a project dating back to the ‘traffic light’ coalition era. It was halted by the collapse of that coalition; now the CDU/CSU and SPD are attempting to see it through. But it can still be prevented. In 2021, the Bundesrat rejected an earlier version of the bill; this time, too, it must give its approval.