Four years ago, the German parliament passed a Passenger Data Act, and since then, more and more travellers have been dragnetted. Federal police and customs take over „follow-up measures“.
German police authorities processed around 212 million passenger data last year. Corrected for double counting, this concerned about 63 million travellers at German commercial airports. The figures come from the Federal Ministry of the Interior’s answer to a parliamentary question.
Compared to 2020, the numbers have more than doubled. At that time, a good 100 million data records from around 31 million passengers were processed in cross-border civil air traffic. In 2019, one year after the start of the system, the figures were about a third lower. „EU PNR Directive: Germany stored and processed 63 million passengers“ weiterlesen
According to an EU directive, air passengers must accept that their data is collected, screened with police databases and then stored. For the first time, the German Federal Ministry of the Interior writes which individual alerts lead to police measures at the airport.
Since the summer of 2018, the German Passenger Name Record Unit (PIU) at the Federal Criminal Police Office (BKA) has been processing passenger data collected under the EU PNR Directive. These „Passenger Name Records“ are intended to help track and prevent terrorist offences and serious crime. Last year, the BKA identified 5,347 persons in this way who subsequently became the target of police measures. This is what the Federal Ministry of the Interior writes in its reply to a parlamentarian question. The year before, the figure was 1,960.
The implementation of the EU PNR Directive is regulated in the German Flight Data Act (FlugDaG). All passenger data collected during the booking process must be transmitted by the airlines and travel agencies to the PIU first at the time of booking and again at the time of boarding. There they will be stored for five years as part of the „Passenger Information System“. Before that, they are checked against the German INPOL police database. A further comparison is made with the Schengen Information System (SIS II). „Passenger data at German police: Many „matches“ but far fewer „hits““ weiterlesen
After police, customs and immigration offices, numerous non-police authorities are now connected to Europe’s largest database for security purposes. All Schengen states now have to implement three new regulations. Surprisingly, there is resistance in Switzerland. In the end, the country may even leave the network.
With the implementation of three new regulations, some 2,000 additional German federal, state and local authorities will be connected to the Schengen Information System (SIS II). This is what the German Ministry of the Interior wrote in its response to a minor enquiry in August this year. At that time, it was said that „no reliable estimate could be made“ of the number of new authorised persons. In a new answer, the Ministry is now becoming more specific. „SIS 3.0: Thousands of new authorities use the Schengen Information System“ weiterlesen
Customs authorities are seen as „gatekeepers of EU borders for the flow of goods“. They increasingly rely on „risk analysis“ and new information systems. Now the EU customs cooperation with police and border authorities will be enhanced.
Since 1968, the European Economic Community has been a Customs Union for industrial products, and from 1970 for agricultural products as well. All customs formalities at the internal borders of the member states have been dropped. Even the level of customs duties at the external borders, on which all countries had previously decided on their own responsibility, has since been regulated by a common customs tariff.
The framework for today’s EU customs union is the Union Customs Code (CCC) adopted in 1992. It provides uniform rules for customs tariffs on imports from outside the EU. The European Commission constantly proposes updated customs regulations and monitors their implementation. The Directorate-General for Taxation and Customs Union (TAXUD) in Brussels has responsibility for this. It also operates the tariff system (TARIC3), which displays the current rates.
Customs duties are generally paid where the goods first arrive. The revenue generated is considered the EU’s „traditional own resources“ and covers around 14 percent of its total budget. The member states retain 20 percent of this amount for expenses incurred by their customs authorities and their control activities. In 2016, for example, the EU collected around 25 billion euros in customs duties, leaving 20 billion after deduction of national expenditure. In the last three years, around four billion euros of the total revenue came from Germany. „Customs Union: 27 countries „work together as if they were one““ weiterlesen
Procedures according to §§ 100 of the Code of Criminal Procedure (StPO) to determine the whereabouts and identification of mobile phones in Germany
In addition to telecommunications surveillance (§ 100a StPO) and online searches (§ 100b StPO), German police authorities use technical means within the framework of §§ 100 StPO to determine the location of mobile phones. These include the so-called „silent SMS“, IMSI-Catcher and cell site analysis. Customs and the secret services are also partially authorised to perform these tasks. Six-monthly parliamentary inquiries in the Bundestag document that the number of measures for federal authorities has remained at about the same level in recent years. According to the figures of individual states, the investigative methods under Sections 100 of the Code of Criminal Procedure are in some cases used much more frequently there than by federal authorities. Some measures for the localisation of telephone owners are in a grey area and have led to legal adjustments. A ruling by the Federal Court of Justice last year could be the reason why the figures for „silent SMS“ have suddenly fallen sharply. Some federal states are currently merging into „Joint Competence and Service Centres“ in the field of police telecommunications surveillance (GKDZ), which are being set up in Hamburg and Leipzig/Dresden. It is possible that with these centralised GKDZs, the number of measures for telecommunications surveillance within the framework of §§ 100 StPO will increase further. „The tracking bug in your pocket: Mobile phone surveillance in Germany“ weiterlesen
The blog Netzpolitik.org graphically displays the sending of „Silent SMS“ every six months. This shows the extent to which police forces and secret services use mobile phones as tracking bugs. Because of this „condensation“ of information worthy of protection, the figures for the Office for the Protection of the Constitution are classified as „secret“.
German Federal authorities currently use significantly less „Silent SMS“ than in previous years. This is shown by the actual figures, which the Federal Ministry of the Interior (MoI) provides on request every six months. Accordingly, the Federal Police (BPOL) sent 20,152 „Silent SMS“ in the first half of 2019 (second half of 2018: 50,654; first half of 2018: 38,990). There was also a decrease by the Federal Criminal Police Office (BKA). In the first half of 2019 the figure was only 6,302, compared with 21,337 secret text messages previously sent by the authority. „Less „Silent SMS“ from German police, but more secrecy for domestic intelligence“ weiterlesen
EU-wide surveillance of air travellers is gathering pace. In the first year, the German BKA manually inspected tens of thousands of passengers after the automated screening. The authorities ordered follow-up measures for 277 passengers. These include arrests, open or discreet checks.
German authorities continue to look for personnel to implement the retention of passenger data. Of the more than 500 posts planned for the new system, around one third are currently occupied. This was written by the German Federal Ministry of the Interior in response to questions on the EU Passenger Name Record (PNR) Directive.
The law passed in 2016 is intended to ensure comprehensive monitoring of air passengers. Airlines, travel agencies and other travel providers must transmit several dozen Passenger Name Records (PNR) to the responsible Passenger Information Unit (PIU) before each international flight. There they are stored and analysed in a Passenger Data Information System. The routinely processed information includes individual data, including name, address, flight connection, seat, meal requests or IP addresses. „Mass travel monitoring: 500 new posts for German Passenger Name Record system“ weiterlesen
Police in Germany are a matter for the federal states, this also applies to the surveillance of telecommunications. In Schleswig-Holstein alone, local police departments send as many „Silent SMS“ as the Federal Police. A decision of the Federal Court of Justice should contain this practice, but a change is hardly recognizable.
German authorities are increasingly using mobile phones as a tracking device. This results from the semi-annual overview recently published by the Federal Ministry of the Interior in response to a parliamentary question. According to the report, the Federal Police sent 50,654 „Silent SMS“ in the second half of the year, compared with 38,990 in the previous half-year. Only the figures for the Federal Criminal Police Office (BKA) show a decrease. In the second half of the year, the authority sent 21,337 „Silent SMS“, about 10,000 fewer than previous. „Significantly more „Silent SMS“ with German police authorities“ weiterlesen
In future, financial information will also be queried across borders for serious crimes, and even more authorities will have access. Banks and other financial service providers will have to adhere to deadlines for the release of financial information. In Germany, the EU directive is likely to increase competition between customs and the criminal police.
The European Union wants to expand the cross-border use of financial information. Data from central bank account registers will not only be used to combat money laundering and terrorism, but also to prosecute serious crimes. This is the result of a proposal for a directive on „facilitating the use of financial and other information“ presented by the European Commission in April and now being discussed by the Council and Parliament. The proposed Directive is part of the „European Security Agenda“ adopted in April 2015. „EU-wide use of bank retention data to facilitate financial investigations“ weiterlesen