Press release: Legal powers of the BKA: Federal Government implements new requirements of the Federal Constitutional Court
Berlin, December 11, 2024 – The Federal Government has implemented the new requirements of the Federal Constitutional Court with regard to the legal powers of the Federal Criminal Police Office (BKA). The Federal Cabinet adopted the draft of a law amending the Federal Criminal Police Act (BKAG) on Wednesday.
The constitutional judges had ruled in May 2023 that the current legal situation was partly unconstitutional. The BKA’s powers to collect and store data went too far in some cases and violated the right to informational self-determination guaranteed by the Basic Law.
The draft law now adopted by the Federal Cabinet takes into account the requirements of the Federal Constitutional Court. The powers of the BKA are to be limited in several areas. For example, the BKA will no longer be allowed to store data on persons who are not suspected of a crime. In addition, the BKA will have to delete data more quickly than before.
The draft law also strengthens the rights of those affected. They will have the right to be informed about the data stored about them by the BKA and to have this data deleted if it is no longer needed.
Federal Minister of the Interior Nancy Faeser welcomed the adoption of the draft law by the Federal Cabinet. “With this law, we are implementing the requirements of the Federal Constitutional Court and strengthening the protection of citizens’ rights,” said Faeser. “The BKA remains an indispensable partner in the fight against crime, but its powers must be clearly defined and limited.”
The draft law now goes to the Bundestag for further deliberations.
Background:
The Federal Constitutional Court had ruled in May 2023 that several provisions of the BKAG were unconstitutional. The court found that the BKA’s powers to collect and store data went too far in some cases and violated the right to informational self-determination guaranteed by the Basic Law.
The court gave the federal government until the end of 2024 to amend the BKAG accordingly. The draft law now adopted by the Federal Cabinet takes into account the requirements of the Federal Constitutional Court.
Key points of the draft law:
- The BKA will no longer be allowed to store data on persons who are not suspected of a crime.
- The BKA must delete data more quickly than before.
- The rights of those affected will be strengthened. They will have the right to be informed about the data stored about them by the BKA and to have this data deleted if it is no longer needed.
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