Surveillance: State Premiers Push for "Swift" Data Retention

If it were up to the state premiers, surveillance would be massively expanded nationwide. At their conference in Mainz, which concluded on Friday, the state premiers adopted a comprehensive resolution titled "Security Package for Germany." One of their core concerns is the reintroduction of data retention, which has been repeatedly overturned by the highest courts.

According to the document the paper, the state premiers welcome the federal government's "commitment" to legally permit "general and indiscriminate storage obligations" for connection and location data again. The state premiers are particularly interested in "IP addresses and port numbers." For corresponding legislative activities, the leeway granted by the European Court of Justice (ECJ) should be utilized "as quickly as possible," primarily "in the interest of protecting children and adolescents." The measure, controversial for years, is intended to be used mainly in the fight against offenses such as child abuse, as well as serious cases of cybercrime and organized crime.

In principle, the ECJ has repeatedly rejected suspicionless data retention. However, according to more recent rulings by the Luxembourg judges, the general and indiscriminate storage of IP addresses may be permissible "for the protection of national security, to combat serious crime, and to prevent serious threats to public safety for a period limited to what is absolutely necessary." However, the hurdles for this are high.

Palantir to be Excluded

Former Federal Minister of the Interior Nancy Faeser (SPD) fought in vain for years during the "Ampel" coalition for the indiscriminate storage of internet data. CDU, CSU, and SPD have now agreed in their coalition agreement to re-establish data retention, limited to IP addresses and port numbers, in law. Federal Minister of Justice Stefanie Hubig (SPD) has repeatedly stated in recent months that she intends to present a draft bill soon. The internet is "literally flooded" with depictions of abuse. Opposition politicians and civil rights activists criticize the plan as neither appropriate nor lawful.

For even more surveillance, the state premiers also support "the use of automated and cross-process research and analysis platforms, considering the directives of the Federal Constitutional Court."

In doing so, the state premiers are pushing to achieve the "goal of digital sovereignty." They are primarily referring to the debate about a nationwide deployment of a limited version of the big data software Gotham by the controversial US company Palantir. There was already resistance to this data platform for law enforcement in several federal states before this. The company, co-founded by Trump supporter Peter Thiel, is criticized as a "key company in the surveillance industry".

Facial Recognition, AI Analyses & Drone Defense

The state premiers also advocate for the evaluation of "security-relevant individual findings within the scope of danger prevention, crime fighting, and, on a case-by-case basis, for the early detection of individuals who, due to their individual behavior and recognized risk and protective factors, pose a danger to public safety." This also includes the possibility of "optimizing the merging of information about identified at-risk individuals from available databases, particularly from social, security, justice, and immigration authorities, across all levels and sectors." Under certain conditions, data from health authorities may also be included.

Furthermore, the state premiers recognize that the "use of AI for the research and analysis capabilities of security authorities and for managing the ever-increasing amounts of data in investigative proceedings is of great importance." They are asking the federal government to create the necessary legal frameworks to allow, for example, the police and intelligence agencies "as comprehensive as possible" use of the technology "for the purposes of law enforcement, danger prevention, and the protection of the constitution."

The state premiers are also strongly advocating for video surveillance with automated "detection of dangerous situations and the commission of offenses." They are primarily focusing on public places with high crime rates and large events. A corresponding model project was launched by the Munich police this summer.

Law enforcement officers should also be allowed to use image analysis software for "retrospective automated detection of offenses." Federal Minister of the Interior Alexander Dobrindt (CSU) is already working on a "Security Package" himself. Opponents see this as the basis for "mass biometric surveillance". Dobrindt recently received a Big Brother Award for this.

Finally, the state premiers are calling for a holistic and state-wide approach to drone defense, meaning close coordination of police and military powers. Good cooperation is needed between federal and state police forces, as well as the Bundeswehr. The federal government's plans for establishing a drone competence center and for legislative reforms are welcomed by the state leaders, as long as existing responsibilities, structures, and capabilities are taken into account.

(vbr)