Software Palantir: Is Bavaria testing without a legal basis?

The Bavarian State Criminal Police Office is testing software from Palantir with real personal data. Have that BR-Research revealed. The state commissioner for data protection now wants to check whether there is a legal basis for this.

It is intended to help the Bavarian police solve serious crimes – software from the US company Palantir. The Bavarian Ministry of the Interior wants to use the program as part of a new analysis system called VeRA. It is able to connect various police databases and evaluate them automatically.

According to information from Bavarian Radio The State Criminal Police Office has been testing the analysis software with real data from people for months. Upon request, the Bavarian Ministry of the Interior confirmed that the test operation has been running since March of this year. The state government sees the procedure as covered by the Bavarian Data Protection Act.

Data Protection Officer sees a need for clarification

The State Commissioner for Data Protection Thomas Petri learned about this test operation through a request from BR experience. Petri has doubts that there is a legal basis for testing Palantir’s police software with real personal data.

For example, it would be possible for the police to receive information about crimes during a test operation: “If that is the case, then the police are subject to the so-called principle of legality. This means that they have to investigate these crimes. And then the test operation becomes a veritable one legal problem because the police actually don’t have the legal basis to operate VeRA.”

Are changes in Police Duties Act necessary for test operation?

The Free State acquired the new police software from Palantir last year. The program has not yet been used to combat crime. To do this, the state parliament must first change the Bavarian Police Tasks Act (PAG). According to the coalition agreement between the CSU and Free Voters, the VeRA analysis platform is a “crucial component” for successful police work.

That is why the legal basis for this should now be created in Bavaria. The change in the law is necessary because the Federal Constitutional Court ruled last February that automated data analyzes are only permitted within narrow limits, even in police work.

The state data protection officer Petri says he has no knowledge of how the test operation is going. He now wants to examine the actions of the State Criminal Police Office, in particular whether legal authority is being anticipated: “We are not clear about what exactly the police are doing. And that is why we have to check it formally.”

Ministry of Interior defends test operation

The Bavarian Ministry of the Interior, on the other hand, is of the opinion that test operations are possible without changes to the Police Duties Act. The ministry stated in writing: “The test data processing is not used for police purposes, it only serves to internally check the application. A separate legal basis in the PAG is not required.”

According to the Bavarian Interior Ministry, Palantir’s new analysis software is being tested with data from six police investigation systems. These include extensive databases such as the INPOL-Land search database, but also the program for processing traffic offenses.

Legal experts consider test operations to be problematic

The SPD member of the state parliament, Horst Arnold, also only found out about the test operation from the BR. He considers the actions of the State Criminal Police Office to be “legally extremely borderline”.

Because personal data may only be used for the purpose for which it was obtained: “Whether witnesses, injured parties or suspects, this data can only be collected if there is a legal basis for it. This is also referred to as purpose limitation. Trial operation There is currently no known purpose in the law.” Arnold quits in BR-Interview stated that the SPD would discuss the matter in the state parliament.

Professor Mark Zöller, an expert in criminal law and digitalization from the Ludwig Maximilians University in Munich, considers the actions of the police and the ministry to be “legally simply illegal”. He argues: “When it comes to data processing and the police, then you have to create the appropriate authorization bases in police law yourself and not resort to any cross-sectional matter such as general data protection law.”

Nationwide use remains questionable

According to the Interior Ministry, Bavaria has already spent around 13.4 million euros on the planned introduction of the Palantir software. The Free State’s framework agreement enables other federal states and the federal government to order the software without their own tender. Last June, however, the federal and state governments were unable to agree on using the analysis software in police departments throughout Germany.

Federal Interior Minister Nancy Faeser rejects the use of Palantir software by the Federal Police and the Federal Criminal Police Office. The German Bundestag wants to debate the nationwide introduction of Palantir software for police work tomorrow. The CDU/CSU and AfD have each submitted an application. At the suggestion of Hesse, this will be done BR-Information will also address the issue at the next Interior Ministers’ Conference at the beginning of December.