The German government has approved a draft law aimed at removing many of the restrictions placed on its intelligence agencies after World War II. This comes as the country deals with two attacks in the past month that have exposed serious security weaknesses.
The proposed changes, which still need to be approved by parliament, largely match a list of demands put together by Germany’s foreign and domestic intelligence services. These agencies have long argued that Germany is falling behind both its allies and its enemies.
“We are turning our intelligence services into genuine secret services,” Interior Minister Alexander Dobrindt told Bild newspaper, which described the move as a security “revolution” and “historic.”
He said: “It is high time we positioned ourselves to be competitive and on an equal footing with our partner services around the world. This requires operational capabilities and active powers to tackle modern state terrorism and extremist groups more effectively.”
The push for reform follows a deadly car ramming at Berlin’s annual Pride parade in late July, carried out by a German-born Islamist who was already known to authorities. Then, last week, a drone loaded with explosives was found near a Ukrainian cargo plane at Leipzig airport, a key defense transport hub.
Friedrich Merz’s unpopular coalition government, made up of centre-right and centre-left parties, is under pressure to show it can modernize to keep citizens safe, while still upholding the rights and principles set out in Germany’s Basic Law.
The intelligence reform plans have been in the works for months and were fine-tuned several times before being presented to the cabinet on Wednesday.
The federal foreign intelligence service (BND), which turned 70 this year and is led by Martin Jäger, a former ambassador to Ukraine, will gain new powers to face emerging threats from state actors like Russia and China, with fewer obstacles and with the help of AI.
German authorities say the threat level has risen sharply since Russia’s full-scale invasion of Ukraine in 2022, as agents linked to Moscow have allegedly carried out repeated sabotage, spying, and hacker attacks against critical infrastructure and military equipment makers.
Jäger said Germany must be able to show adversaries “that we’re in a position to do similar things so the other side also feels the pain.”
Until now, the BND has mostly taken a defensive role, acting largely as a repository for information with few operational powers.
According to the draft law, which runs over 700 pages, German spies will be allowed to manipulate or delete data in what are known as “hack-back” cyber-attacks.
Other options include changing instructions on how to build weapons or making arms harmless during production.
Digital payments to low-level “disposable” agents, hired on a one-off basis by foreign governments, could also be blocked to prevent attacks.
The use of force by intelligence personnel abroad will remain forbidden – keeping Germany far from the league of the CIA, Israel’s Mossad, or France’s DGSE. But agents will be able to carry weapons for self-defence more often without needing explicit permission.
The law, which the government hopes to have in place by 1 January 2027, would also relax rules around data protection, which have been widely criticized as exaggerated and counterproductive.
The BND and the domestic security agency, the Office for the Protection of the Constitution (BfV), will be freed up to collect, store, and analyse more information for longer periods, with the help of AI. It will also become easier to get permission for online surveillance.Germany will also strengthen oversight of the BND and the BfV through an independent board, building on the powers already given to parliament’s intelligence control committee. While the reforms were widely seen as necessary and long overdue, some politicians warned against going too far.
The federal data protection commissioner, Louisa Specht-Riemenschneider, said her office would lose its oversight role over the BND and criticized the expanded access to CCTV footage in public spaces both in Germany and abroad. Konstantin von Notz, the opposition Green party’s spokesperson on intelligence oversight, called the changes “urgently needed” and said he supported “stronger powers” for the BND. However, he added that the draft law “goes too far.”
He was especially critical of the powers given to the BfV, which he said were “hard to reconcile” with the principle of keeping intelligence services and police separate—a lesson drawn from Germany’s darkest historical periods. The legislation could face legal challenges from its critics.
Amid growing geopolitical uncertainty and doubts about the US as a guarantor of Germany’s security, the country is also pushing a major rearmament effort. Merz took office last year with a promise to turn Germany’s armed forces, the Bundeswehr, into “Europe’s strongest conventional army.”
Frequently Asked Questions
Here is a list of FAQs regarding Germanys approval of eased restrictions on its intelligence agencies
General Background
Q What exactly did Germany just approve
A The German government approved a draft law that gives its intelligence agencies more power to intercept communications and share data especially with foreign partners It also lowers the legal hurdles for conducting surveillance on nonGerman citizens abroad
Q Why are they calling this a security revolution
A Officials are using that word because this is the most significant expansion of intelligence powers in Germany since the end of World War II It fundamentally changes how the agencies operate moving from a purely defensive posture to a more proactive offensive surveillance stance
Q What was the main reason for this change
A The primary driver is the threat of international terrorism cyberattacks and espionage German officials argue that current laws are outdated and make it too difficult to track threats that originate outside Germanys borders
Q Does this mean the German police can now spy on me
A No This law specifically targets foreign intelligence It does not give domestic police new powers to spy on German citizens inside the country The rules for domestic surveillance remain much stricter
Scope Powers
Q What new powers do the intelligence agencies get
A They can now intercept and analyze data from foreign communication satellites and cables with less judicial oversight They also have more freedom to share the data they collect with allied intelligence services without asking for permission on a casebycase basis
Q Can they now spy on German citizens
A They can but only under very specific conditions If a German citizen is communicating with a foreign target who is under surveillance that conversation can be captured However there are new red lines and independent oversight bodies designed to protect German citizens privacy if they are merely incidentally caught up in the surveillance
Q Does this give them access to my WhatsApp or Telegram messages
