Kathmandu— Germany's cabinet approved a draft bill on Wednesday that would significantly expand the powers of its two main intelligence services – the Federal Office for the Protection of the Constitution (BfV) and the Federal Intelligence Service (BND). While parliamentary approval is expected in early September, the proposed changes represent the largest reform to German intelligence since World War II, allowing agencies to proactively counter threats through measures like cyber operations and even sabotage abroad. The move has sparked debate over constitutional boundaries and oversight mechanisms.

Historical Shift in Intelligence Doctrine

Following World War II, West Germany established a clear separation between intelligence gathering and law enforcement, a direct response to the abuses of power by the Nazi-era Secret State Police (Gestapo). This principle – that intelligence services collect information while police prevent threats and enforce laws – is now being challenged. Interior Minister Alexander Dobrindt described the planned reform as creating “real intelligence agencies,” aiming for a more stable security architecture in the face of modern threats.

Expanded Operational Capabilities

The draft bill would grant both the BND and BfV operational capabilities beyond their traditional roles. The BND, currently focused on foreign intelligence, could potentially carry out acts of sabotage abroad during states of tension or military defense. Both agencies would also gain the ability to manipulate or delete data. Proponents argue these powers are necessary to combat state terrorism, extremist violence, cyberattacks, and espionage by foreign powers. “Sabotage, espionage, cyberattacks and covert operations by foreign powers require new responses,” Dobrindt stated.

Constitutional Concerns Raised

The Society for Civil Rights (GFF) has voiced strong objections to the draft bill, deeming large parts of it unconstitutional. The organization is particularly concerned about the BfV’s proposed access to private and public video surveillance in real time, as well as biometric matching against publicly available images online. GFF expert Kai Dittmann argues that “there are no sufficient and clearly defined limits for such far-reaching intrusions,” which could affect countless innocent people. The GFF also contends that the BND’s expanded mandate would blur the lines between intelligence gathering, law enforcement, and military action.

Oversight and Accountability Debates

The proposed reform also raises questions about parliamentary oversight. The GFF fears that consolidating oversight under an Independent Oversight Council while diminishing the authority of the Federal Commissioner for Data Protection and Freedom of Information will weaken accountability. Clara Bünger, a domestic policy expert with the Left Party, warned that “effective legal protection is no longer guaranteed” because intelligence agencies may not be required to inform those affected by their actions. Meanwhile, Marc Henrichmann, chairman of the Parliamentary Oversight Committee for the Intelligence Services, expressed confidence in the government and its security agencies.

Industry Concerns Over Security Vulnerabilities

The Association of the Internet Industry (eco) acknowledged the need for modern technical capabilities but cautioned against exploiting security vulnerabilities. Board member Klaus Landefeld emphasized that “vulnerabilities must be closed and must not become a tool for intelligence agency access.” This highlights a tension between enhancing security measures and maintaining digital safety standards.

The draft bill is expected to come before the Bundestag in early September, where it is likely to pass with the support of the governing coalition. The changes, if enacted, would usher in a new era for German intelligence services, but not without ongoing debate over their scope and accountability.

(With inputs from DW)

Originally published on abcnews.com.np.