Combat-ready intelligence agencies (II)
As part of its war preparations, Berlin is planning to comprehensively expand the scope of operations for both foreign and domestic intelligence agencies—including operational powers that, so far, been reserved for the police.
BERLIN (own report) – Protests are growing against the draft bill, approved by the federal government, to expand the powers of Germany’s intelligence agencies. Information security experts, medical associations, journalists, and opposition politicians are voicing strong criticism. The government aims to considerably broaden the scope of action for the German intelligence agencies through a new law. This includes facilitating the agencies overall access to IT-systems, extend data storage periods, and automatically evaluate data. Intelligence agencies will also be permitted to conduct so-called online searches in the future. The fact that, for the first time since the end of German fascism, the intelligence agencies are once again being authorized to carry out so-called operational measures is a decisive new development. In the name of countering so-called hybrid attacks, Berlin is continuing to blur the lines between the work of the police, the intelligence services and the military, and is increasingly erasing the distinction between external enemies and internal critics. The new intelligence services law is another step on the Federal Republic’s path toward so-called strategic autonomy – military and geopolitical independence from other nations, particularly the United States.
Wishlist Fulfilled
With its draft bill on the “Reform of the Intelligence Service Law,” the federal government aims to “systematically” expand the powers of the German intelligence services “in virtually every domain,” according to a press release.[1] In this context, Interior Minister Alexander Dobrindt explicitly thanked Defense Minister Boris Pistorius: “In close coordination,” they managed to “completely rewrite the Intelligence Services Act”—and to do so “quietly.[2] The new law complies with “a wishlist pulled together by the foreign and domestic intelligence services,” according to the liberal British daily The Guardian.[3] The services will be allowed to store collected telecommunications data for longer periods in the future – content for six months, and so-called metadata for as long as twelve months – for purposes of retrospective analysis.” The law is also aimed at facilitating data analysis, for example, by permitting AI-supported automated analysis and providing for the “elimination of administrative constraints.” The “use of tools for biometric matching of image data, for the use of artificial intelligence, and for further data processing for research and development purposes”—and even the transfer of data “to other government agencies and private bodies” – is also to be facilitated.[4]
Operational Powers
Under this law, the German government also grants the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution extensive powers that, according Interior Minister Dobrindt, extend beyond mere intelligence gathering.”[5] The point is not only for the agencies to be able to “see and hear better” in the future, but, above all, to “be able to take active measures against our adversaries.” In addition to online searches, this will include the permission to “falsify” data – “of course,” according to the minister: “that is the mission.” This measure marks a historic turning point: For the first time, since German fascism, German intelligence agencies are being provided “operational powers” – permission to engage in “active measures” – which since 1945 had been strictly reserved for the police. The new powers explicitly include “falsifying instruments for crimes,” also permitted would be the manipulation of shipments, by installing defective components; the targeted hacking into IT systems of drone manufacturers or chemical weapons laboratories, for the purpose of sabotage, or the shutting down or destruction of the servers of state-sponsored hacking groups or disinformation agents” so-called “hackbacks,”[6] – all of which may also be carried out “proactively.”[7]
Criticism
The proposed legislation is receiving widespread criticism. For example, Konstantin von Notz (Alliance 90/the Greens), former chair of the Parliamentary Oversight Committee of the Intelligence Services criticized the fact that the bill does not distinguish between police work and intelligence functions. Notz favors the expansion of powers for the foreign intelligence service – the BND – while finding that granting these same powers to the domestic intelligence service – the Office for the Protection of the Constitution – is “questionable from a rule of law standpoint,” ill-conceived and dangerous.”[8] According to the new law, the domestic intelligence service will be permitted, for example, surreptitious intrusion into doctors’ offices and therapy centers. The National Association of Statutory Health Insurance Physicians (KBV) and the German Medical Association have therefore sharply criticized the measure, arguing that it would “undermine a doctor’s right to confidentiality and violate the doctor-patient confidential relationship, which must be protected.”[9] The president of the Hesse State Medical Association considers the bill to show “disregard for the medical profession;” it undermines confidentiality between the doctor and patient.[10] Dobrindt dismisses this criticism saying “I disagree, because we always proceed appropriately.”[11] IN a declaration, the German Journalists’ Association (DJV) criticizes the draft bill for using “very ambiguous terminology” meaning that “even peaceful activities” could be targeted by the intelligence services. In the future, journalists can no longer guarantee their source’s protection. In addition, the “unequal thresholds for intervention based on nationality and place of residence” are unconstitutional. Contrary to what the draft proposes, both non-German, as well as German journalists working abroad need to be protected from the services.[12]
Lack of Oversight
Former Data Protection Commissioner Louisa Specht-Riemenschneider, for her part, had already warned in advance against stripping her former agency of its oversight authority over the BND, to centralize it within the Independent Oversight Board. Ulrich Kelber, honorary professor of data ethics and Specht-Riemenschneider’s predecessor, agrees with her criticism: The intelligence services “ultimately decide” themselves, what “may be subjected to oversight.” The Independent Oversight Board – in future, the sole oversight instrument – “will be unable to challenge a denied right of access,” according to the assessment of this data-protection expert. The “case of consent” imbedded in the draft bill, grants the BND “extensive special powers” while, simultaneously, imposing further limitations on oversight possibilities – and this, without the Bundestag having to declare a state of tension or a state of defense, as has been required until now. Kelber considers this a “constitutionally questionable shift of power away from the elected parliament.” The proposed legislation, that the government praises as an enhancement of oversight mechanisms, gives him “almost the impression of a deliberate sabotage of independent oversight” of the intelligence services.[13]
Repression
As has repeatedly been the case since 2014, Dobrindt is again using a Russian threat to justify this latest domestic militarization initiative. He claims that Germany is “daily a target of hybrid warfare;” the expansion of intelligence agency powers is merely “in response to the current threat situation.” During a hearing in front of the Parliamentarian Oversight Committee, Sinan Selen, the president of the Federal Office for the Protection of the Constitution has admitted that his agency also classifies those incidents that cannot otherwise be clearly attributed to a specific source as “hybrid attacks” by Russia.[14] This blurs the distinction between external enemies and domestic critics. Accordingly, under the new law, the domestic intelligence service could in future, use not only actual or alleged “hybrid attacks,” but also “significant unrest within significant segments of the population” to justify operational measures. In the event of war, Berlin is anticipating resistance from the population, should NATO troop transports pass through Germany en route to the new Eastern Front.[15]
Strategic Autonomy
Interior minister Dobrindt claims that Germany has so far been dependent on the support from foreign intelligence services. Berlin evidently hopes that with stronger intelligence services, Germany will be in a better position vis à vis Washington, Paris and London – to emerge from the junior partner status, to become a “serious” counterpart on an “equal footing.”[16] The proposed legislation is intended to help ensure that German intelligence services “no longer lag behind other European partners.” This will help Berlin to “live up to its claim of playing a leading role in European security policy.”[17]
[1] Bundeskabinett beschließt Reform des Rechts der Nachrichtendienste. bmi.bund.de 12.08.2026.
[2] Pressekonferenz mit Bundesministerin Warken und Bundesminister Dobrindt zur Reform des Rechts der Nachrichtendienste. bundesregierung.de 12.08.2026.
[3] Deborah Cole: Germany approves lifting curbs on spy agencies in security ‘revolution’. theguardian.com 12.08.2026.
[4] Bundeskabinett beschließt Reform des Rechts der Nachrichtendienste. bmi.bund.de 12.08.2026. [5], [6] Pressekonferenz mit Bundesministerin Warken und Bundesminister Dobrindt zur Reform des Rechts der Nachrichtendienste. bundesregierung.de 12.08.2026.
[7] Bundeskabinett beschließt Reform des Rechts der Nachrichtendienste. bmi.bund.de 12.08.2026. [8] Adam Schwedhelm: „Undurchdacht und gefährlich“. taz.de 11.08.2026.
[9] Stellungnahme der Bundesärztekammer zum Referentenentwurf eines Gesetzes zur Reform des Nachrichtendienstrechts. bundesaerztekammer.de 27.07.2026.
[10] Bundesärztekammer: Arzt-Patienten-Beziehung bei Reform des Nachrichtendienstrechts schützen. aerzteblatt.de 31.07.2026.
[11] Pressekonferenz mit Bundesministerin Warken und Bundesminister Dobrindt zur Reform des Rechts der Nachrichtendienste. bundesregierung.de 12.08.2026.
[12] Zur geplanten Reform des Nachrichtendienstrechts. djv.de.
[13] Ulrich Kelber: Maßlos, unkontrolliert und intransparent. netzpolitik.org 22.07.2026.
[14] See also Kriegstüchtige Geheimdienste.
[15] See also Zivilisten im Krieg (III).
[16], [17] Pressekonferenz mit Bundesministerin Warken und Bundesminister Dobrindt zur Reform des Rechts der Nachrichtendienste. bundesregierung.de 12.08.2026.
