In a move designed to bolster national security, the German Cabinet, led by Chancellor Olaf Scholz, has approved an extensive reform of the country’s foreign intelligence service law (BND). Announced on Wednesday, 30th August 2023, this legislative shift aims to strengthen preventive measures against potential spying activities.
This reform comes as part of Berlin’s response to the Russian intelligence’s alleged spying on the German foreign intelligence service (BND) last year. According to government sources, the amendments were sanctioned during a session held at the government’s guest palace north of Berlin.
The new provisions enable more proactive inspections, including the scrutiny of individuals, their bags, and vehicles, even in the absence of immediate suspicion. This aims to fortify the BND against future espionage threats. The law also mandates the examination of personal electronic devices such as smartphones under specific circumstances. It explicitly states that early detection of potential spying activities by other intelligence agencies should be made possible through these inspections.
Last December, German authorities arrested an employee of the foreign intelligence service on suspicion of espionage. It is believed that he transferred information obtained during his work to Russia in the aftermath of the Russo-Ukrainian conflict.
The law reform is also in compliance with regulations issued by the Federal Constitutional Court. It restricts the transfer of personal data from intelligence agencies to police and prosecutor’s offices. The amendments separate the data transfer regulations in the foreign intelligence law from the law governing the domestic intelligence agency, the Federal Office for the Protection of the Constitution.
The expedited timeline for public comments on the draft law, restricted to just one day, has drawn criticism from various organizations and unions. In addition to this, the Cabinet also made amendments to the law regulating the domestic intelligence agency and the military intelligence service.
This reform reflects a broader trend of nations adapting their intelligence frameworks to combat evolving security threats, particularly in the cyber realm. Berlin’s latest move has been viewed as a concrete step in strengthening its legal infrastructure against foreign interference, thereby ensuring a more robust defense of national security.
By fortifying its foreign intelligence law, Germany joins a growing list of countries taking legal measures to protect against foreign espionage, notably in the ever-tense sphere of international politics and security.
