The Bundestag has approved a major reform of Germany’s intelligence services, giving them greater scope to act against threats to national security.
The legislative changes affect the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV). In addition to gathering and analysing information, both agencies will be able to take concrete action against identified adversaries and threats.
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The BND, which is responsible for intelligence operations outside Germany, will be authorised to counter cyberattacks orchestrated by foreign states, including by targeting adversaries’ digital systems to disable them. In certain circumstances, the service may also intervene to destroy adversaries’ weapons if they pose a threat to Germany.
The BfV, which handles domestic security, will also receive additional powers. When a specific threat arises, it may enter suspects’ homes without first obtaining a search warrant from a court, as well as access their computers and smartphones.
Interior Minister Alexander Dobrindt described the reform as historic. He said threats to Germany had increased, citing Russia, cyberattacks, political and religious extremism, and attempts to destabilise democratic institutions.
Dobrindt argued that tackling these threats requires stronger intelligence services. The reform, however, has prompted strong political and legal opposition.
The AfD and the Left voted against it, while the Greens abstained. Critics say the government is giving the agencies excessive powers, which could erode the traditional separation between intelligence services and the police. This principle is a pillar of Germany’s security system, established in the aftermath of the Nazi dictatorship and the abuses of the Gestapo.
Constitutional law experts have also raised concerns. Matthias Bäcker, a professor at the University of Mainz, warned that the new intrusive powers could infringe citizens’ fundamental rights. In his view, forcible entry into homes and interference with private property without the usual judicial safeguards are particularly problematic.
