Germany’s Cabinet Backs Broader Cyber and Surveillance Powers for Spy Agencies

Germany’s cabinet approved draft legislation on Wednesday, August 12, that would expand the operational and data-gathering powers of the country’s intelligence agencies, including authority for some offensive cyber measures. The proposal must still pass parliament.

Under the draft, the foreign intelligence service, the BND, could manipulate or delete data in so-called hack-back operations. The legislation would also permit measures such as changing digital weapons-building instructions, disrupting payments to one-off agents working for foreign governments and expanding the use of artificial intelligence to analyse collected information.

The BND and Germany’s domestic intelligence agency, the BfV, would be allowed to retain and analyse more data for longer. Rules governing online searches and surveillance of homes would also be loosened. Intelligence officers abroad could carry weapons for self-defence more often, though the use of force abroad would remain prohibited.

Interior Minister Alexander Dobrindt said the changes were intended to give the agencies capabilities comparable with partner services and improve their response to state-linked threats and extremist groups. The government hopes the law can take effect by January 1, 2027.

The proposal also provides for additional oversight through an independent board alongside parliament’s existing intelligence-control committee. Critics nevertheless raised civil-liberties concerns. Germany’s federal data-protection commissioner objected to reduced oversight powers over the BND, while Green opposition lawmaker Konstantin von Notz said the draft went too far in some areas, particularly regarding the separation between intelligence and police functions.

The planned expansion follows heightened concern in Germany about sabotage, espionage and cyberattacks linked to foreign states. Its passage and final scope will depend on parliamentary debate and could face legal challenges.