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German bill grants intelligence services sweeping operational powers

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Protests are mounting against a draft law approved by the federal government to expand the powers of German intelligence agencies.

Through the new legislation, the government aims to grant German intelligence agencies sweeping new powers.

The bill seeks, among other things, to facilitate agency access to information technology systems, extend data retention periods, and automate data analysis.

Agencies will also be permitted to conduct “online searches” in the future.

According to German Foreign Policy, a major change is that, for the first time since the end of German fascism, intelligence agencies will once again possess the authority to implement “operational measures”.

Under the banner of “defence against hybrid attacks”, Berlin is further blurring the lines separating the police, intelligence agencies, and the military, while increasingly eliminating the distinction between external enemies and domestic critics.

The new intelligence law marks another step by the Federal Republic towards “strategic autonomy”.

A hefty “wish list” for intelligence services

With the draft law on the “reform of the Intelligence Service Act”, the federal government aims to systematically expand the powers of German intelligence services in almost every area.

In this context, Interior Minister Alexander Dobrindt explicitly thanked Defence Minister Boris Pistorius. Working in close cooperation, the two ministries succeeded in completely rewriting the Intelligence Services Act, doing so “quietly”.

According to the British newspaper The Guardian, the new law fulfills the “wish list of the intelligence services”.

Under these provisions, intelligence agencies will in the future be able to retain collected telecommunications data for longer periods (content data for up to six months and metadata for up to twelve months). This will enable them to analyse this data “retrospectively” as well.

The law also aims to streamline the analytical process, for instance by permitting AI-supported automated analyses and “removing administrative obstacles”.

The “use of tools for biometric comparison of image data, the application of artificial intelligence, and the further processing of data for research and development purposes”, as well as the transfer of data to “other state agencies and private entities”, will be facilitated.

According to the explanation, the overall objective is to “strengthen access to information technology systems” ranging from “smart refrigerators” to private mobile phones and CCTV cameras in public spaces.

BND granted operational powers

Under this legislation, the federal government is also granting the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution comprehensive powers that, in the words of Interior Minister Dobrindt, “go far beyond intelligence gathering”.

The objective is not merely for the agencies to “see and hear better” in the future, but above all to “take active measures against enemies”.

Alongside online searches, this includes permission to “tamper with” data in the future. The minister justifies this by stating, “This is our mission.”

This measure appears to represent a historical turning point. For the first time since the defeat of Nazism, German intelligence agencies are being granted permission to employ “operational powers”—namely, to take “active measures”. These powers had been reserved exclusively for the police since 1945.

The new powers explicitly encompass “tampering with instruments used in crimes […]”. They also permit “manipulating goods shipments by inserting defective components, targeted intrusion into IT systems in drone factories or chemical weapons laboratories for sabotage purposes, or shutting down or disabling servers belonging to state-sponsored cyberattack groups or disinformation actors”.

Furthermore, all of these actions may now be carried out “proactively”.

Opposition reactions

The proposed draft bill has drawn widespread criticism. For instance, Konstantin von Notz (Alliance 90/The Greens), former chairman of the Parliamentary Oversight Panel for the intelligence services, criticises the bill for failing to distinguish between police work and intelligence work.

Notz supports expanding the powers of the foreign intelligence service (BND), but considers granting the same powers to the domestic intelligence service (BfV) to be “questionable in terms of the rule of law”, as well as “poorly designed and dangerous”.

Under the new law, the domestic intelligence service will in the future be able to enter doctors’ and therapists’ practices undetected, for example.

Consequently, the National Association of Statutory Health Insurance Physicians (KBV) and the German Medical Association sharply criticised the measure on the grounds that it would “undermine medical confidentiality and violate the confidential doctor-patient relationship, which must be protected”.

The president of the Hesse State Medical Association regards the draft as “disrespectful to the medical profession”, stating that it damages the relationship of trust between doctor and patient.

Dobrindt rejected this criticism, stating, “I do not agree with this at all, because we always act appropriately.”

The German Journalists’ Association (DJV) emphasised in a statement that “very broad terms” are used in the draft bill. According to the DJV, this means that “even peaceful activities” could fall under intelligence agency surveillance.

Journalists will no longer be able to guarantee the protection of sources in the future. In addition, the “grading of intervention thresholds based on nationality and place of residence” is unconstitutional.

According to the association, contrary to what is envisaged in the bill, foreign journalists and German journalists working abroad must also be protected from the intelligence services.

Who will oversee the intelligence agencies?

Former Federal Data Protection Commissioner Louisa Specht-Riemenschneider had previously warned against centralising oversight authority over the BND within the Independent Oversight Body.

Ulrich Kelber, an honorary professor of data ethics and Specht-Riemenschneider’s predecessor, shares this criticism: intelligence agencies will themselves take the “final decision” regarding “what can be subjected to oversight”.

According to the data protection expert’s assessment, the Independent Oversight Body, which will serve as the sole oversight body in the future, will not be able to appeal against denied access.

The “state of consent” introduced in the bill grants the BND “extensive special powers” while further restricting oversight options.

Moreover, the agency will be able to do this without requiring the Bundestag to declare a state of tension or a state of defence, which had been necessary until now.

Kelber regards this as an “unconstitutional shift of power away from the elected parliament”.

The draft law, which the federal government supports partly by pointing to a purported improvement in oversight mechanisms, gives him the “impression that independent oversight of the intelligence services is being deliberately sabotaged”.

Intelligence treats incidents of unclear origin as “Russian attacks”

Dobrindt also justifies this domestic move by citing a threat emanating from Russia.

Dobrindt asserts that Germany is “the target of hybrid warfare every day”, stating that expanding the powers of the intelligence agencies is merely “a response to the current threat situation”.

During a hearing before the parliamentary oversight committee, Sinan Selen, Vice President of the Federal Office for the Protection of the Constitution, admitted that his agency also classifies incidents that cannot be clearly attributed to a specific source as Russian “hybrid attacks”.

This situation further blurs the distinction between external enemies and domestic opponents.

Consequently, under the new law, the domestic intelligence service will in the future be able to use not only real or alleged “hybrid attacks”, but also “significant unrest among broad sections of the population”, as justification for operational measures.

Berlin anticipates that the public would show resistance in the event of war, should NATO troops transit through Germany on their way to the new Eastern Front.

German “strategic autonomy” goes hand in hand with militarisation

Interior Minister Dobrindt asserts that Germany has hitherto been dependent on the support of foreign intelligence services.

Berlin hopes that strengthened German intelligence services will give it a better standing vis-a-vis Washington, Paris, and London, turning it into a serious interlocutor on “equal terms” and moving it away from being a junior partner.

The proposed draft bill aims to ensure that German intelligence agencies “no longer lag behind other European partners”.

According to the minister, this will enable Berlin to “justify its claim to a leadership role in European security policy”.

Europe

EU and allies pull conference backing after US pressure over panel

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The Trump administration pressured several countries to withdraw their support for a leading European conference on disinformation.

Canada, Lithuania, and the European External Action Service (EEAS) subsequently complied.

Held on Wednesday and Thursday, the #Disinfo2026 conference serves as the annual gathering of Europe’s anti-disinformation community, bringing together hundreds of researchers, journalists, technology specialists, and policymakers at a hotel in Vilnius, Lithuania.

The conference is organised by EU DisinfoLab, an independent non-profit organisation based in Brussels.

A few days before the conference, the logos of its main sponsors: the Lithuanian Ministry of Foreign Affairs, the European External Action Service (EEAS), and Global Affairs Canada, were removed from the website.

Photographs of the event shared with The Guardian also show white stickers affixed over these organisations’ logos printed on official conference materials.

This appears to indicate that the logos were removed from the programme in haste.

Three people familiar with the matter, including European officials, confirmed that the US Department of State contacted several governments regarding their support for the conference.

Internal US Department of State documents obtained by The Guardian also reveal that US officials thanked Lithuania for “taking US concerns seriously”.

The document notes that Washington was “grateful” that Lithuania found the organisation of a panel describing the US as a foreign information threat “reprehensible and baffling”, and welcomed its decision to limit participation in the conference.

According to information obtained by The Guardian, France was also contacted.

The panel, titled “The US as a FIMI threat: adapt, accept, counter” (where the acronym FIMI stands for “foreign information manipulation and interference”), was held on Wednesday.

The panel addressed how Europe’s disinformation community could regain resilience without Washington, and appears to mark the first time the conference raised the idea that the US could be a disinformation actor in Europe.

According to sources and internal documents, the Department of State focused specifically on this panel, which featured three American speakers, including a former CIA officer.

According to a person briefed on the discussions, the source of other correspondence appeared to be the office of Sarah B. Rogers, Under Secretary of State for Public Diplomacy and Public Affairs.

In their statements, Lithuania, Canada, and the EU noted that the conference programme did not align with their official views regarding the US role in disinformation.

Yet this programme had been drawn up months before they withdrew their support, dating back to June.

In a statement, the Lithuanian Ministry of Foreign Affairs said: “Lithuania cancelled its participation in the ‘Disinfo 2026’ conference because parts of the conference programme diverged from the government’s official position.”

Samantha Lafleur, a spokesperson for Global Affairs Canada (GAC), said: “GAC carefully reviews participation in and sponsorship of external events on a case-by-case basis. Following changes to the framing of several panel discussions, GAC decided to review its participation in those sessions at the EU DisinfoLab 2026 conference,” adding that Canadian officials still attended the conference.

An EU spokesperson confirmed that the European External Action Service decided to withdraw its support for the conference because “the organisers chose to frame some discussions in a way that did not align with official EU positions.”

According to information obtained by The Guardian, EU officials disagreed with describing the US as a disinformation actor.

Despite withdrawing its name as an official backer, the EU continues to provide funding for the conference.

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MI6 investigates potential leaks after former BND chief is detained

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British intelligence agencies, led by MI6, are investigating whether their confidential data or spies were compromised in the biggest espionage scandal in modern German history.

August Hanning, the former head of Germany’s foreign intelligence service, the BND, along with a current senior official at the agency identified only as Manfred D, was detained on Tuesday on suspicion of espionage and treason.

Hanning faces allegations that he unlawfully amassed thousands of classified documents over a 16-year period through Manfred D and sold a portion of those secrets to a foreign power.

German security sources noted that some of the high-level information handled by the pair originated from partner intelligence agencies abroad, raising the prospect that British and American intelligence may have been leaked.

This development has brought accompanying concerns that US and British human sources operating in the field, such as active agents or informants, could have their identities exposed through the shared information.

Matthew Dunn, a former MI6 intelligence officer, said British intelligence services would meticulously review everything shared with the BND and assess the risks.

Dunn said:

“There is no doubt that there is a major internal security review going on inside MI6 right now, looking meticulously at the intelligence shared with a very trusted liaison partner and assessing whether any of that compromises MI6-related operations and people.”

Nevertheless, the former spy stated he would be “very surprised” if this situation affected the agency’s relationship with the BND, adding that he expected the two services would act cooperatively.

He explained that during intelligence sharing, the introduction of “automatic checks and balances” mechanisms, including the redaction of information relating to sources, is standard practice.

News of the scandal has shocked the Western intelligence community. Sources described the alleged breach as a major success for a foreign power, noting that it could cause serious damage to the Western intelligence-sharing alliance.

Alongside MI6 and GCHQ, multiple US agencies are also believed to be conducting a systematic internal review of all sensitive information shared with European allies during the period in question.

According to information obtained by The Telegraph, the primary focus of these agencies is understood to be protecting sources who may have been compromised due to the alleged leak.

Similar audits are likely to be conducted by all of Germany’s intelligence-sharing partners and allies.

While it remains unclear when German authorities notified their counterparts of the security breach, it is understood to have occurred prior to Tuesday’s arrests.

German media reported that the leaked information included details regarding Iran’s nuclear programme, the Russian military, and classified documents belonging to foreign partner agencies.

The statement noted that most of the documents in question contained “confidential information prepared by the federal intelligence service exclusively for internal purposes, particularly for intelligence briefings aimed at the executive branch.”

According to the prosecution, Hanning used this information in his private consulting activities.

“In one incident, Hanning used classified intelligence provided by Manfred D to prepare an analysis for an official of a foreign intelligence service,” the statement said.

Authorities have not yet determined whether this information reached its intended recipient. On Tuesday night, Der Spiegel reported that the analysis in question was prepared for the Azerbaijani intelligence service.

Azerbaijan maintains security and intelligence partnerships with Russia, Israel, Türkiye, and the US, as well as other countries.

Hanning had previously adopted a hawkish posture towards Moscow in German national security debates.

In a 2024 interview with The Telegraph, he stated that his country had been “naive” and needed to be “awakened” to the reality of a potential war:

“People don’t realise that there is a serious danger: there is sympathy for Russia, especially in East Germany and on the far left and within the far-right Alternative for Germany (AfD) party, parts of which are demanding an end to sanctions against Russia.”

According to The Insider, Hanning travelled to Russia at least seven times after leaving the BND.

The former intelligence chief made all of these trips between 2015 and 2019, frequently spending only a single day in Moscow.

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Bill to drop NATO membership goal submitted to Ukrainian parliament

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A bill proposing to enshrine neutral status in the constitution and abandon the goal of joining the North Atlantic Treaty Organisation (NATO) has been submitted to the Ukrainian parliament.

According to a report by the Strana portal, the proposal was introduced to the parliamentary agenda by lawmaker Anna Skorokhod.

The drafted constitutional amendment stipulates that Ukraine must not participate in military alliances and must confirm that it harbours no aggressive intentions against any state.

The text notes that neutrality status should be registered through “guaranteeing non-participation in any military alliance and confirming the absence of intent to attack any country.”

While the bill submitted by Skorokhod aims to remove the NATO goal from the constitution, it envisages maintaining constitutional guarantees for the country’s course towards full European Union (EU) membership.

NATO goal in constitution took effect in 2019

The strategic goal of EU and NATO membership enshrined in Ukraine’s constitution was adopted in February 2019, during the tenure of then-president Petro Poroshenko.

The constitutional amendments in question obliged the government to implement this course and designated the president as the guarantor of the process.

Poroshenko, who assumed the leadership of the European Solidarity party in May of that year, has led the party ever since.

Advocating Euro-Atlantic integration, Poroshenko described EU and NATO membership in a 2026 assessment as one of the country’s long-term security guarantees.

Moscow insists on neutrality condition

The Moscow administration links a potential resolution to the war in Ukraine to a series of conditions that Kyiv must fulfil.

These conditions include the withdrawal of Ukrainian troops from the Donetsk, Luhansk, Zaporizhzhia, and Kherson regions, as well as the international legal recognition of these territories, alongside Crimea and Sevastopol, as Russian soil.

Ukraine’s formal renunciation of NATO membership maintains its weight among Moscow’s primary demands.

Russian officials state that Ukraine’s neutral status must be explicitly included in future agreements.

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