Saxony's controversial Police Law draft sparks legal and political backlash
The Saxon government has unveiled a draft bill for its new Police Law, introducing stricter rules on facial recognition and automated data analysis. Legal experts have raised concerns about whether the proposals fully comply with German and EU regulations. The minority coalition behind the bill faces political hurdles, as it lacks the votes to push through changes without opposition support. The draft legislation allows police to use facial recognition in specific cases. Officers can cross-check surveillance footage with their own databases, provided certain conditions are met. It also permits the transfer of police data to third parties for testing and training AI models.
A three-stage model governs automated data analysis, including rule-based and self-learning systems. While the final AI stage requires judicial approval, critics note the draft lacks clear details on traceability and bans on discriminatory algorithms. No specific body is named to oversee compliance with these rules.
Legal experts have weighed in on the proposals. Professor Matthias Bäcker acknowledged that the government had addressed many contested provisions but argued that gaps remain. Professor Hartmut Aden questioned whether the facial recognition measures align with Germany's Basic Law and the EU's AI Act.
Opposition parties, including the Greens and the Left, cannot launch an abstract judicial review due to insufficient numbers. Instead, challenges would need to come from individuals affected by specific provisions in court. The draft bill moves forward with provisions on facial recognition and AI oversight, though legal and political obstacles persist. Without a parliamentary majority, the Saxon government must navigate opposition scrutiny to finalise the law. The absence of clear enforcement mechanisms leaves questions about how the rules will be monitored in practice.
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