05. Jun 08
Cabinet adopts amendment to BKA Act
“The draft legislation adopted by the Federal Cabinet today (4 June 08) represents
a key building block in the security architecture of the Federal Republic of Germany.
As promised in the coalition agreement, we are giving the Federal Criminal Police
Office the powers it needs to fight international terrorism,” the Federal Minister of
the Interior, Dr Wolfgang Schäuble, said in Berlin after the Cabinet meeting.
“As part of the first phase of reforming our federalist system, a constitutional
amendment gave the Federal Criminal Police Office [BKA] the task of preventing
threats arising from international terrorism. The BKA must have the necessary
powers to carry out this task. The draft legislation adopted today adds to the Act on
the Federal Criminal Police Office [BKAG] all the tools the BKA needs for its new
task of preventing threats arising from international terrorism.”
In accordance with Germany’s constitution, the proposed legislation limits the BKA’s
authority in cases of international terrorist threat to those cases which extend
across state borders, those in which no state police force has jurisdiction, and those
which the highest state authority asks it to take on. The BKA’s involvement will not
affect the powers of the German states. To coordinate measures, the BKA will be
required to keep the responsible state and federal authorities informed without
delay and to work in consultation with them. “This is an enhancement in harmony
with the federalist nature of law on threat prevention,” the Federal Minister
stressed.
Federal Minister Schäuble added:
“The individual powers are largely modelled on existing regulations in the Act on
the Federal Police and state laws on the state police forces. So I found the public
debates in recent weeks somewhat odd, for example concerning the rules on visual
surveillance in homes – rules which are already included in the state police laws as
a general measure of threat prevention, whereas the BKA may use it only to
prevent threats from international terrorism.
“A new measure that deserves special mention is the power to conduct remote
searches of computer hard drives. Here, the BKA will be permitted, under certain
strict conditions, to use technical means, that is, special software programmes, to
collect data from information technology systems in order to prevent terrorist
threats and related crimes. After the Federal Constitutional Court ruled that such a
measure does not violate our constitution, this power makes sure that the BKA can
keep up with terrorists using the latest information technologies. I see this as
significant progress.
“The proposed legislation is of course in line with the Basic Law and agrees with the
rulings of the Federal Constitutional Court, in particular its latest rulings [on
surveillance of private homes, preventive telecommunications surveillance, remote
searches of computer hard drives and the temporary order on preventive data
retention]. The proposed legislation therefore contains specific rules to protect the
inviolable core of the private sphere and persons entitled to refuse to give
evidence, as well as reporting requirements.
“In my view, the Federal Government has presented a balanced draft which will put
the BKA in a position to effectively perform its duty of preventing the threat of
international terrorism.”
Today’s Cabinet decision opens the way for parliamentary debate on the proposed
amendment to the Act on the Federal Criminal Police Office.