Reformation of Constitutional Guard: Unrestricted Camera Access for All
The German state of Berlin is proposing a reform of its constitution protection law, sparking debate among experts and politicians. At the heart of the controversy is a plan that would allow for permanent observation of individuals moving in public spaces by the domestic intelligence agency, the Office for the Protection of the Constitution (OPC). This proposed change, if implemented, would mark a significant shift in surveillance practices in Berlin. The reform could also require operators of video surveillance to forward and transmit recordings to the OPC. The initially mentioned video surveillance in public spaces, for example, is supposed to require a 'simple observation necessity'. Other measures, such as the deployment of undercover employees and informants, would require a 'heightened observation necessity'. However, this is already the case for crimes that carry a maximum sentence of three years imprisonment. The draft law also proposes making it easier for video surveillance to monitor contact and accompanying persons, even if they do not meet the criteria for observation. This has raised concerns about potential infringements on privacy and the right to informational self-determination. Meike Kamp, the Data Protection Officer of the State of Berlin, has criticised the red-black Senate government's plan regarding video motion detection in Berlin. She believes that her involvement at the specialist level would have allowed for the contribution of constitutional and data protection law expertise. The GFF expert finds this plan dystopian and unconstitutional, as the threshold for intervention is insufficient and there is no clear judicial review. The GFF and others also criticize the planned regulation of when the OPC may carry out which measures, as it does not meet the requirements of the constitutional court. The reform has been defended by Dietmar Marscholleck from the Federal Ministry of the Interior, who believes it establishes the Office for the Protection of the Constitution as an effective intelligence agency. Marscholleck suggests including the threat from 'foreign powers' such as Russia and China in the highest category of observation necessity per se. However, the reform has been met with criticism from some quarters. Vasili Franco, spokesman for internal policy of the Green parliamentary group, summarizes that history has shown that constitutional courts have often criticized security legislation. The Senate has stated that it has no interest in bringing an unconstitutional law onto the path, and the reform is a response to decisions of the Federal Constitutional Court on the constitution protection laws of Bavaria and Hesse, for which the GFF had filed suit. A notable concern raised by the GFF expert is the lack of special protection for journalists in the new draft law. Conversations with the 'wrong' sources could lead to video surveillance observation, potentially jeopardizing the confidentiality of journalistic sources. The reform also violates federal data protection law, as data from video surveillance may only be processed for the prevention of danger or the prosecution of criminal offenses. Contact with persons assigned a 'suspicion case' by the Office for the Protection of the Constitution could lead to VS surveillance, creating a form of contact liability. In a case of contact with a person under suspicion, this could potentially lead to a chain reaction of surveillance, raising further concerns about the potential infringement on privacy rights. The debate surrounding the Berlin constitution protection law reform continues, with experts and politicians weighing the need for enhanced security measures against the protection of civil liberties.
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