Nancy Faeser’s bill
BKA to be able to secretly search apartments in future
Will it also be possible in secret in the future? House searches by the BKA
© Robert Michael / DPA
Until now, the principle has been that the police may only search apartments openly. With the new BKA law, Federal Minister of the Interior Nancy Faeser wants to change that.
Federal Interior Minister Nancy Faeser (SPD) wants to give the Federal Criminal Police Office the authority to secretly enter and search apartments in the future. This is reported by the Redaktionsnetzwerk Deutschland (RND). The idea behind it is primarily to be able to spy on suspects’ computers and cell phones more effectively. This measure should be limited to the fight against terrorists.
Normally, when searching a home, the police must name the accused and the crime, as well as state what they want to find. They must then submit a corresponding application to the public prosecutor, who in turn submits it to the responsible investigating judge. The person concerned must be informed. If the owner of the home cannot be found, witnesses must be called in. Exceptions are only possible in cases of imminent danger.
BKA also investigates international terrorism
However, the Federal Criminal Police Office (BKA) has a central position in law enforcement and in warding off the threats of international terrorism. In Faeser’s opinion, this requires modern instruments in both the analogue and digital worlds, according to security sources in the RND. The Interior Ministry is currently working on a draft for the reform of the BKA law. However, covert searches of homes should only be possible as a last resort under very high hurdles, reported the RND.
The deputy chairman of the Green parliamentary group, Konstantin von Notz, spoke to the RND of “serious times”. The BKA needs “modern investigative powers and resources”. At the same time, “it is completely clear that these powers can only exist within the framework of the constitutional order”. The Federal Constitutional Court has made clear guidelines on the subject of wiretapping and the use of technical devices. The draft law should be examined from this perspective.
So far, it has been very difficult for the police to place spy software on suspects’ devices. It is often not possible to place the so-called “state trojan” via email or messengers. This is much easier when specialists can take the device into their own hands. The Basic Law does not oppose such a bill, so the Bundestag can easily pass such a change.