The German government has approved a sweeping legislative overhaul of its intelligence agencies, granting them new authority to launch covert operations, execute cyberattacks, and conduct sabotage to counter growing threats from foreign adversaries. The reform package, which spans more than 700 pages, represents a significant shift for Germany's secret services, which have historically been legally constrained and focused primarily on gathering information.
Under the new rules, which Chancellor Friedrich Merz's coalition government argues are vital to face hostile foreign nations, cybercriminals, and terrorist networks, the agencies will transition into active operational bodies. Though lethal actions and assassinations remain strictly forbidden, the foreign intelligence agency (BND) will be allowed to carry out foreign sabotage missions in rare circumstances. Other non-lethal powers include launching state hackbacks, disabling foreign IT systems used by hostile actors, blocking payment flows, and utilizing artificial intelligence to analyze massive datasets. Additionally, the services will have expanded authority for online surveillance, tracking, and longer data retention.
Historically, Germany restricted the BND and the domestic spy service (BfV) from direct, potentially lethal operations like those practiced by the CIA of the United States or Israel's Mossad. These tight rules were originally imposed due to the legacy of abuses committed during the Nazi dictatorship and in communist East Germany, alongside a strong cultural emphasis on privacy rights. However, Germany has invested record sums in rebuilding its military in the wake of Russia's 2022 invasion of Ukraine, and proponents argue that an expansion of the spy services is likewise necessary.
Interior Minister Alexander Dobrindt declared the start of a "new era" for the country's intelligence apparatus. Dobrindt stated that Germany is "catching up with what is possible in other European countries" and is "transforming our intelligence services into genuine secret services."
Proponents of the bill argue that Germany's traditional hesitation has left it vulnerable. Marc Henrichmann, chairman of the parliament's intelligence oversight committee, warned that Germany is "in the thick of a hybrid conflict not only with Russia but also with other actors." He pointed to a recent incident involving an explosive-laden drone discovered at Leipzig airport last week as a clear sign of the threat. Henrichmann asserted that adversaries "play without any rules at all" and have "no regard for law and order. Their goal is not merely to put the West, the EU and Germany under pressure, but ideally to bring them to their knees." He argued that Germany's cautious approach has left it "behind the curve" and unable to properly contribute to European security.
Security expert Peter Neumann, a professor of security studies at King's College London, agreed that the previous limits hindered cooperation with international allies, noting that "it is about time for German intelligence services to have similar powers to other European democracies." Neumann explained that the German intelligence services were essentially, until recently, information collection services with restricted powers on what they could do with that information. Greens MP Konstantin von Notz, vice-chairman of the oversight committee, also backed the measures, calling the robust new powers "fundamentally appropriate given the challenging current security climate."
However, the legislative package has sparked intense domestic backlash. The Society for Civil Rights warned that the expanded digital surveillance powers would "deeply infringe upon fundamental rights." Left Party domestic policy expert Clara Bünger strongly condemned the proposal, warning that "anyone who gives the intelligence services operational rights of intervention, powers of sabotage and state hackbacks is planning a new German secret police." She labeled the initiative "oblivious to history and irresponsible," arguing it pushes surveillance "beyond any level compatible with the constitution."
Meanwhile, Free Democratic Party (FDP) leader Wolfgang Kubicki described the plan as a "historic taboo breach" designed to bypass legal hurdles. Kubicki predicted legal challenges, saying, "What Dobrindt is planning is a historic taboo breach. Everything the conservative bloc has always wanted in terms of powers of intervention without overly bothersome legal hurdles is now to be handed to the Office for the Protection of the Constitution. It is hardly conceivable that the Constitutional Court will not intervene here."
The draft legislation must still be debated and approved by the Bundestag after the summer recess, with the goal of taking effect early next year.
