GERMANY: Proposed surveillance laws expand biometric monitoring
The German government has proposed three laws, the Act to Strengthen Digital Investigative Powers in Police Work, the Act to Strengthen Digital Investigative Powers to Counter Threats of International Terrorism, and the Act Amending the Code of Criminal Procedure. Together, these laws, currently being considered by parliament, would significantly expand the surveillance powers of security authorities. The laws would allow authorities to compare facial images with pictures and videos available online, conduct automated data analysis, and use existing data on people to train surveillance AI systems.
Civil society and legal experts warn that automated biometric matching against publicly available online data infringes upon the right to privacy of those who publish photos, videos, and other content containing biometric features online. It also affects individuals who appear in the background of a photo without their knowledge or consent. Biometric matching enables the identification of people in public spaces and online based on their biometric characteristics, creating the technical conditions for comprehensive population tracking and surveillance.
The same applies to automated data analysis. The planned consolidation and algorithmic evaluation of massive data sets allow for the creation of in-depth personality profiles. It enables conclusions that go far beyond the original purposes for which the analysed data was collected and even beyond the objective of the actual search query submitted to the analysis system. Such systems are structurally prone to errors, lack transparency, and promote discrimination. The expansion of biometric surveillance and automated data analysis poses significant risks to civic space and fundamental rights. According to digital rights groups, the ability of authorities to monitor and profile individuals risks creating a chilling effect on freedom of expression, participating in public debate, engaging in activism or attending protests.