The corrected BKA law will once again become a case for the Federal Constitutional Court. The Federal Criminal Police Office (BKA) could "for too little time too many data too many people to save and process too long," criticized the Chairman of the Society for Freedom Rights (GFF), Ulf Buermeyer. The organization has filed a constitutional complaint in Karlsruhe.
A spokeswoman for the court said the application had already been received in May. Other complaints do not exist so far. The First Senate had already examined the law and declared the extensive powers of the investigators to the 2016 anti-terrorism partly unconstitutional. At that time, the judges found "disproportionate interference in a number of individual regulations".
The law then had to be revised. The new version has been in force since May 2018.
The GFF does not go far enough. It urges a "not yet illuminated gap in constitutional law". Contact persons of suspects could easily become victims of secret surveillance. The GFF also considers the use of Trojans to spy on computers and cell phones unconstitutional.
The complaint also alleges that it is opposed to the proposed merger of police databases. "This opens the door to a database containing data on most people in Germany - unlimited in time, according to unclear rules and for unclear purposes," explained Buermeyer.
According to GFF, five people act as plaintiffs:
- two defense lawyers
- two football fans who have landed in police databases
- a communication scientist and activist from Munich
The complaint was formulated by the Mainz lawyer Matthias Bäcker.