Germany debates giving spy agency force-based powers

German authorities are drafting legislation that would significantly broaden the powers of the Federal Intelligence Service, allowing it to move beyond traditional intelligence gathering and into operational and force-based actions, including sabotage and cyber operations, according to reporting by German media.

The proposed amendments, prepared by the Federal Chancellery, would enable Germany’s foreign intelligence agency, the Federal Intelligence Service (BND), to carry out so-called operational response measures designed to weaken an adversary’s offensive capabilities. These measures could include diversionary actions as well as interference with weapons systems, marking a substantial expansion of the service’s current mandate, which is largely limited to the collection and analysis of information.

Under the draft, such actions would only be authorised under a special regime. This regime could be triggered by the recently established National Security Council if it determines that Germany or its allies are facing a systematic threat. Once such a declaration is made, any operational steps by the BND would still require approval from the parliamentary committee responsible for overseeing the intelligence services, with a two-thirds majority needed. The draft defines qualifying threats as preparations for war by another state or a sharp escalation in hybrid attacks.

The legislation also contains a separate package of provisions related to cyberspace. In emergency situations, the BND would be permitted to actively counter cyberattacks, including by redirecting data traffic and disabling the IT infrastructure from which attacks originate. In addition, the service would gain authority to neutralise suspicious drones detected over its facilities and to request route and location data on such devices from manufacturers and maintenance organisations.

The draft further expands the intelligence service’s technical toolkit. It would allow the BND to analyse large volumes of data using artificial intelligence, deploy facial recognition technologies, and retain collected data for up to 15 years, extending the current 10-year storage limit. Intelligence officers could also be formally authorised to enter private residences in order to install surveillance equipment.

The proposed changes remain at an early stage of discussion. According to the rationale outlined in the draft, the primary aim is to provide the BND with faster and more robust instruments to respond to escalating hybrid threats, which German authorities believe are confronting the country with increasing frequency.

By Tamilla Hasanova