German Intelligence Reform Drafted: More Power, Less Oversight

• The German Federal Ministry of the Interior has proposed a draft law that significantly expands the powers of the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV).
• Critics, including former Federal Commissioner for Data Protection Ulrich Kelber, argue the bill undermines judicial control, data protection, and democratic legitimacy.
• The proposed changes would weaken the role of the Federal Commissioner for Data Protection and Freedom of Information (BfDI) while transferring oversight to the Independent Control Council (UKRat).

Concerns Regarding Oversight

• Oversight authority is being split between the BfDI and the UKRat, creating potential gaps and inconsistent standards across security agencies.
• The UKRat would be required to submit a two-year "audit program" to intelligence agencies in advance, preventing spontaneous or unannounced inspections.
• Public accountability is hampered: the first public report from the new council would not appear until 2031, covering the 2028-2030 period.

Loss of Protection and Transparency

• The bill creates a two-year gap (2027-2029) where citizens have no independent body to handle individual complaints against secret service surveillance.
• Proposed amendments to the Freedom of Information Act would broadly exclude information related to intelligence services, even when held by other government agencies, regardless of whether a specific security risk exists.

Shift in Power Dynamics

• The government may gain the ability to suppress audit reports, undermining the independence of the oversight process.
• Reduced documentation requirements during crises and expanded "consent-based" special powers for intelligence agencies threaten to shift authority away from the parliament, raising constitutional concerns.