Kathmandu— Germany's cabinet approved a draft bill on Wednesday that would significantly expand the powers of its two main intelligence agencies – the Federal Office for the Protection of the Constitution (BfV) and the Federal Intelligence Service (BND). If passed by parliament, expected in early September, the reforms will represent Germany’s largest overhaul of its intelligence apparatus since World War II, allowing agencies to proactively counter threats through measures like cyber operations and even sabotage abroad. The move aims to bolster Germany's defenses against both internal and external security risks, but has drawn criticism from civil rights groups who argue it could lead to constitutional violations.

Historical Shift in Intelligence Policy

Following World War II, West Germany established a clear separation between intelligence gathering and law enforcement, learning from the abuses of power committed by the Nazi regime’s Secret State Police (Gestapo). This principle of separating information collection from threat prevention is now being challenged. Interior Minister Alexander Dobrindt described the planned changes as creating “real intelligence agencies” and fostering a more stable security architecture. He stated that “Sabotage, espionage, cyberattacks and covert operations by foreign powers require new responses.”

The proposed legislation would grant these agencies operational capabilities and active powers to combat modern state terrorism and extremist violence.

Expanded Operational Capabilities

The reforms would extend the scope of intelligence operations far beyond their current limits. The BND, for example, could neutralize enemy IT systems in response to a cyberattack or carry out acts of sabotage abroad during times of heightened tension or military conflict. Both the BND and BfV would be authorized to manipulate or delete data. These changes are widely acknowledged as the most significant intelligence reform in Germany since 1945.

The agencies will also gain new powers in their core mission of collecting and analyzing information, including utilizing artificial intelligence (AI) to analyze large datasets and cross-reference biometric data with internet sources.

Concerns Over Constitutional Rights

The Society for Civil Rights (GFF) has voiced strong objections, deeming significant portions of the 700+ page draft bill unconstitutional. GFF expert Kai Dittmann highlighted concerns about real-time access to private and public video surveillance by domestic intelligence services, as well as biometric matching against online images and AI training using collected data. “There are no sufficient and clearly defined limits for such far-reaching intrusions, which above all affect countless innocent people,” he said.

The GFF also argues that the expanded powers granted to the BND would blur the lines between intelligence gathering, law enforcement, and military operations.

Oversight and Accountability Debated

The proposed reforms also raise questions about parliamentary oversight. The GFF fears a weakening of accountability through the consolidation of oversight under an Independent Oversight Council and a reduction in authority for the Federal Commissioner for Data Protection and Freedom of Information. Clara Bünger, a domestic policy expert with the Left Party, echoed these concerns, stating that “Because the intelligence agencies will no longer be required to inform those affected in many cases, effective legal protection is no longer guaranteed.” She announced her party’s opposition to what she called an authoritarian restructuring of the state.

The Association of the Internet Industry (eco) expressed similar reservations, emphasizing the need for modern technical capabilities while warning against maintaining security vulnerabilities for intelligence access.

Government Defends Proposed Changes

Marc Henrichmann, chairman of the Parliamentary Oversight Committee for the Intelligence Services, defended the reforms, arguing that it is time to trust Germany’s government and security agencies. He asserted that Germany already has some of the best-regulated intelligence services in the world and intends to maintain this standard.

The draft bill now awaits parliamentary approval, which is widely expected given the governing coalition's majority. If passed, the new regulations are slated to take effect in early 2027.

(With inputs from DW)

Originally published on abcnews.com.np.