Der Spiegel and RND reported that the German Federal Criminal Police Office (BKA) may soon be allowed to enter and search homes secretly. The plan is still in draft form.
According to the draft, police could also install spyware on suspects’ computers or smartphones and conduct covert searches of their homes. These powers would supposedly only be used in exceptional circumstances. What are exceptional, and who gets to decide?
A spokesperson for the Interior Ministry will not discuss details of the proposal but told Der Spiegel on Wednesday that security agencies must have the necessary powers to counter evolving threats effectively.
This is against German law. The inviolability of the home is enshrined in Article 13 of the German constitution.
Unless there is an “imminent threat,” the current search process requires a warrant from the prosecutor’s office. Police must inform the person of specific suspicions and the purpose of the search.
The Free Democratic Party does not support “Stasi 2.0.” Bundestag member Manuel Hoferlin said the secrecy surrounding searches was very concerning.
The German Association of Journalists (DJV) has also come out strongly against the plans, with Federal Chairman Mika Beuster warning that journalists and whistleblowers could be affected by secret break-ins reminiscent of methods used by “police states.”
Meanwhile, the vice-chair of the Greens in the Bundestag, Konstantin von Notz, has defended the plans, arguing that in these “serious times,” the BKA needs modern investigative powers and resources.
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There is always an excuse to impose totalitarianism. Safety is one of the main excuses. Breaking into people’s homes on the QT is definitely a Stasi-level invasion of privacy. It shouldn’t even appear in draft form. It would eventually be politicized.
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