NRW surveillance package puts data protection officer "on alert"

The Data Protection Commissioner of North Rhine-Westphalia (NRW), Bettina Gayk, has clearly positioned herself against the red-green state government's plans for stricter security measures following the knife attacks in Solingen in the summer. "Possible access by the Office for the Protection of the Constitution to private video surveillance systems in particular puts me on alert," explained Gayk. "Our constitution guarantees that we can develop freely in this society without being observed. If I have to suspect that the Federal Office for the Protection of the Constitution is watching behind every private camera, I believe this is no longer compatible with what the mothers and fathers of the Basic Law wanted to protect us from."

The head of the supervisory authority also puts a big question mark behind the use of artificial intelligence (AI), for example for biometric facial recognition , which has been brought into play by the red-green government. "This is a measure that will affect everyone whose pictures are circulating on the internet," explained Gayk. Such an instrument will also "significantly" affect "our individual freedoms". There is no clear hit rate for automated facial recognition. As a result, people with a strong resemblance to wanted persons could easily be targeted by security authorities. The main danger here is that "the behavior of everyone online becomes easily traceable – even if there are no accusations against them." This would massively impair the free development of personality online.

The NRW government launched its "security package" in September. For example, it is pushing ahead with the access of the Office for the Protection of the Constitution to video surveillance systems, for example in local transport companies, as well as the use of facial recognition software on the internet. Furthermore, the police are to be allowed to scour social media digitally using AI as a "virtual investigator". According to the plan, the country's Secret Service will also be allowed to use state Trojans to intercept sources. Reason: "Relevant persons often use messenger services by deliberately exploiting the complex communication encryption with the aim of conspiratorially planning, preparing and carrying out attacks." NRW also wants to launch a Bundesrat initiative to reintroduce data retention and allow cell phone searches via radio cell queries, for example in cases of dangerous bodily harm.

Public transport and sports studios potentially targeted by agents

Gayk has identified "numerous problem cases" with the plan. For example, millions of people who have given no reason for the security authorities to take action at all would be affected every day by the Office for the Protection of the Constitution accessing cameras on public transport. This restricts the rights of citizens to protect their personal data far too much. "Will I be targeted by the Office for the Protection of the Constitution if I just accidentally sit next to a person under surveillance?" the inspector asks. "What if I train at the same gym and maybe even have the same training times?" Even on-site monitoring of lockers by agents using electronic eyes cannot be ruled out.

Gayk urges caution when it comes to the government's proposal to log connection data such as IP addresses again, regardless of suspicion. This would make all users identifiable in their Internet activities for the duration of storage, "even if there is no reason for the security authorities to intervene". Such a possibility holds great potential for abuse. Even public prosecutors have long since drawn a "much more differentiated picture of the necessity of data retention". The population should not be placed under general suspicion. A "security package" is also being discussed at the federal level, which includes biometric face and voice recognition. The Bundesrat is pushing for more extensive surveillance powers, and has therefore initially halted parts of the Bundestag resolution.

(vbr)