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Germany: Extended Brandenburg police powers constitutional

01 September 1999

After the PDS (Partei des Demokratisischen Sozialismus) tested the constitutionality of the Brandenburg police law (see Statewatch vol 9 no 3 & 4), the regional constitutional court found that the new law did not violate data protection standards and is line with Brandenburg's constitution. The police law was passed in 1996 and allows for the collection of data through the use of audio and visual devices as well as undercover operations. This has now been extended to include "contacts" (ie. friends and family, who are not suspected of any illegal activities) which is justified by preconditions for surveillance that have to be fulfilled: "real events", which suggest that the person concerned is going to commit a crime of "great importance", have to exist before the law comes into effect. However, with "cross border crime" the police have not had problems justifying surveillance and stop and search operations (see Statewatch vol 9, no 3 & 4). Brandenburg's Interior Minister, Alwin Ziel (Sozialdemokratische Partei Deutschlands, SPD), welcomed the decision and thinks that the police will gain important instruments in the fight against "serious as well as organised" crime. Police spokesman, Schumann, welcomed the fact that the new law will allow data to be collected on every civilian.

Frankfurter Allgemeine Zeitung 2.7.99.