Experts Criticize German Intelligence Reform as Unconstitutional

• Experts express strong criticism of the proposed legislation to restructure the BND and BfV.
• The reform is accused of blurring the line between intelligence agencies and police, while providing insufficient oversight.
• The deployment of Artificial Intelligence for automated data analysis is flagged as carrying significant constitutional and regulatory risks.

Erosion of Separation Principles

• The reform would empower intelligence services to engage in "active" measures, such as hacking IT systems during cyberattacks.
• Legal scholars argue this shifts traditional police responsibilities to intelligence agencies, violating fundamental rule-of-law principles.
• Experts warn that the "policing" of intelligence agencies undermines the protective structure of state security authorities.

Oversight and Control Concerns

• The bill proposes eliminating the G10 Commission and removing the Federal Commissioner for Data Protection from oversight duties.
• The Independent Control Council (UKRat) is slated to take on more duties, but critics argue it lacks the necessary expertise in IT and AI to effectively monitor these operations.
• There is a lack of mandatory prior review for invasive measures, such as the use of state-sponsored malware.

Risks of Artificial Intelligence

• The use of AI for automated data evaluation is described as reaching an unprecedented level of intensity.
• The bill fails to set standards to prevent discriminatory bias within AI systems.
• No regulatory framework is provided to handle errors, "hallucinations," or accountability gaps when AI systems produce faulty results.

Lack of Transparency for Affected Citizens

• The current draft generally does not mandate informing individuals about measures taken against them.
• Experts urge the implementation of a robust complaint management system and call for the mandatory notification of surveilled subjects once the need for secrecy expires.