The German government has approved a draft law designed to remove many of the restrictions placed on its spy agencies during the postwar period. The move comes as the country addresses security gaps exposed by two attacks within a month.
The proposed changes, which still require parliamentary approval, largely reflect requests from Germany's foreign and domestic intelligence services. These services have long argued that Germany's capabilities lag behind those of its allies and adversaries.
Interior Minister Alexander Dobrindt stated that the reforms aim to position Germany's intelligence services competitively and on par with international partners, enabling them to more effectively counter modern state terrorism and extremist groups. The federal foreign intelligence service (BND) is set to gain new powers to address emerging threats from state actors like Russia and China, with fewer impediments and with the aid of AI.
Under the draft law, German spies could be permitted to manipulate or delete data through "hack-back" cyber-attacks. Other potential options include altering instructions for weapon construction or rendering arms harmless during production. The use of force by intelligence personnel abroad will remain prohibited, but agents will be able to carry weapons for self-defence more frequently without explicit permission.
The government hopes the law will be enacted by 1 January 2027. It would loosen data protection rules and allow the BND and the Office for the Protection of the Constitution (BfV) to collect, store, and analyse more information for longer periods using AI. Permission for online searches and home surveillance against criminal suspects would also become easier to obtain.
While reforms are widely considered necessary, some politicians have expressed concerns about potential overreach. The federal commissioner for data protection, Louisa Specht-Riemenschneider, criticised the expanded access to CCTV footage and the removal of her office's oversight powers over the BND. Konstantin von Notz, the opposition Green party's spokesperson on intelligence oversight, supported stronger powers for the BND but argued the draft law "overshoots the mark," particularly regarding powers granted to the BfV.