The Federal Constitutional Court has ruled that the domestic secret service violates the principle of separation. The legislature should therefore amend the law
The German Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz) is no longer allowed to pass on secretly collected data on individuals to police authorities as it pleases. This is stated in the written version of the judgement of 28 September, which was published today on the website of the Federal Constitutional Court (Ref. 1 BvR 2354/13).
According to the ruling, the practice violates the principle of separation between the secret services and the police, which is considered a German legal principle after the experiences with the Gestapo under National Socialism. „German secret service law does not have to go into the shredder“ weiterlesen
The Federal Ministry of the Interior is using every possible means to keep Parliament from learning details of the cooperation between European domestic intelligence services in The Hague. The official reason is an internal agreement between the services. Yet the Federal Government has an obligation to furnish parliamentarians with information, even when there is a legitimate interest in maintaining secrecy.
The Bundestag’s Research Services have produced an expert report on parliamentary oversight of European cooperation between the intelligence services. The background to this is the Federal Government’s continuing refusal to provide information about the activities in which Germany’s Federal Office for the Protection of the Constitution is engaging in The Hague.
The report indicates that this secretiveness is legally questionable. It states that, although the Federal Government is permitted to safeguard its interest in maintaining secrecy, it must also seek ways of meeting the parliamentarians’ need for information. „Bundestag report finds flaws in the oversight of European intelligence services in The Hague“ weiterlesen